Tenants being evicted but I think they will leave furniture....

missymoo1981

princeofpounds wrote: »

By leaving their possessions in your 'care'.

I assumed the tennants were still in the house and that they should take their belonging with them?

FATBALLZ

Wouldn't dumping a bunch of sofas and beds in the middle of the street constitute fly tipping? I certainly don't think you have any moral obligation to look after them but I'm not sure dumping them in the street is entirely legal.

dcems

If the LA has accepted a duty to provide interim acommodation, then they also have a duty to care for their personal belonings by means of arranging removals and storage,which would normally incur some sort of charge.
In most instances, the removals would be done first thing of the morning of the BW-eg BW at 11am, removals come at 9am.

So in theory the property should be clear. If not, you have no rights to remove or dump/dispose of their belonings as you have to give them reasonable time to recover their posessions.
If you were to dump their things this a civil wrong known as conversion,and you can be taken to court for damages.

I would be asking my tenants why the LA are not sorting out removals for them.

stevies_problems

Some sort of update - Ihave spoken to the council again and it has been confirmed that as the tenants know they are being evicted they SHOULD take their belongings with them. Seeing as they are going to ignore that, the council seem to think that i either may allow them a chance to collect them at a later date or dispose of it myself. no-one seems to think that i have any kind of legal obligation to continue to look after them. as far as the point on conversion goes - i dont *think* i fall within this because it states "Examples are seen in cases where trees are cut down and the lumber hauled from the land by someone not having clear ownership; or removing furniture belonging to another from a cohabited dwelling".

Seeing as the house is not a cohabited dwelling I cant see that this example applies to me. It is MY property and they have no right to be on it without my permission (of which i'm not going to grant).

With regards to the fly tipping - i'm not sure and I'm going to keep searching!

I have also been given the number for the bailiiffs who might also have a good idea of what I can and cant do. wish me luck!

dcems

Stevie I can tell you that LA's have a duty to protect people's goods. However they can charge the clients for the service.
I would challenge them tbh, but really the tenants should be doing this.

I would make sure you put in writing to the tenants, and also verbally tell them that if the goods arent removed within 7 days(reasonable) on a date and time agreed with you, then you will remove and dispose of them in which way you see fit.

As long as they are informed on the timescale, you will be covered.

asd3445

Argh lost my log in so have created a temporary one, usauly ££sc££
This is what we do if people leave items after an eviction. If we can get hold of them, arrange another time for them to come and pick up and charge them storage costs from the eviction until they collect their stuff, at same daily rate as rent. If they don't get in touch we get rid of it all after a week. If there's items of value left, (unlikely) that can be sold to cover rent arrears, we serve a TIGA Notice on the property before flogging it

stevies_problems

My issue with this whole "you have 7 days to pick it up"is that I am not regularly in the area and why should I have to revolve my life around them when I have evicted them!

The plot also thickens - they have put in a stay of eviction until 4 august. I have rung the court and they tell me that they think it should be refused because their 42 days will be up on 27th July (conveniently also the date of eviction). They are going to ring me back however. Otherwise that is another day which i need to take as annual leave to go to court.

!!!!!!!

poppysarah

stevies_problems wrote: »

Otherwise that is another day which i need to take as annual leave to go to court.

!!!!!!!

I'm just going to make the point here that whilst they may not have been the best tenants on the planet, YOU are actually running a business and as such will be expected on occaision to put time and effort into that business.

Yes it's inconvenient but you are running a business and I assume, in theory, making a profit.

dcems

It may be they would be succesful with a stay of eviction if they provide evidence of the offer of another tenancy that doesnt start until after the BW has been executed.

Frustrating though this whole process can be, its part and parcel of being a landlord I'm afraid.

stevies_problems

Agreed I am running a business, but I disagree that it gives the tenants (as customers as such) rights to store furniture at my property for free.

I have spoken to the court and it has been confirmed that the stay of eviction has been dismissed.

I have spoken to the family again today and the son has confirmed that they will move all the furniture in the morning prior to the BW.

This was agreed because I think they finally understand that they will be leaving on 27th July.

Fingers crossed this is what actaully happens. I will update when I have more news.

THanks again to everyone for their input - much appreciated!