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

theartfullodger

stevies_problems wrote: »

............. It is MY property and they have no right to be on it without my permission (of which i'm not going to grant).

...........

Err, no: Whilst the tenant remains in occupation - until the Bailiff carries them out if need be - it is the tenant's property, merely your investment.

After eviction - by bailiffs - it reverts to your "property" (See Proudhon et al..)

see also..

http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

Cheers!

Artful

muskoka

If the council are going to home them, and the tenants are on benefits, surely the council will pay for short term storage of the tenants possessions? Is it worth phoning the council to check on this? Maybe tell the council you have another tenant moving on on 28th (a friend perhaps) to apply a little pressure?

stevies_problems

theartfullodger wrote: »

Err, no: Whilst the tenant remains in occupation - until the Bailiff carries them out if need be - it is the tenant's property, merely your investment.

After eviction - by bailiffs - it reverts to your "property" (See Proudhon et al..)

see also..

http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

Cheers!

Artful

i think you have misread my post (or i havent been clear). everything that I am referring to is after the bailiffs have removed the tenants. at this point, the house is my property, they have no right to be on it or keep their furniture in it.

may_fair

Read this guidance on abandoned/uncollected goods. You have a duty of care in respect of belongings left behind by the tenant.

http://www.landlordzone.co.uk/uncollected_goods.htm

neverdespairgirl

that link doesn't apply, however, to evictions!

may_fair

neverdespairgirl wrote: »

that link doesn't apply, however, to evictions!

Could you explain why not? Executing a warrant of possession is just one way in which a tenancy may end.

Is it the case that the court bailiff is entitled to remove furniture as well as the tenant?

clutton_2

there is a simple way round all this - ask the council to pay an "overlap" payment of rent. This means that rent can be claimed for two propeties simultaneously whilst a tenant moves from one property to another. This allows rent to be paid while the furniture is still in situ.

as a LL it is my understanding that a LL cannot chuck tenants belongings out onto the street. The Torts (interference with goods) Act 1977 allows a LL to dispose of tenants' belongings where a tenant has left them in situ only after s/he has written to the tenant given them reasonable time to collect them. If the tenant does not do so, the LL may dispose of them.

DONT put them on the pavement as you will be a fly tipper !

and yes - its your business - you must make time to sort it out.....


""Is it the case that the court bailiff is entitled to remove furniture as well as the tenant? ""

it all depends on what sort of court order the bailiff has in his hand when he turns up. IF it is a simple possession order, then no, he cannot take furniture.

On a different note.. why on EARTH should the council pay for someone to remove their belongings from one home to another ? especially someone who is in rent arrears anyway ??? the world has gone mad if thats what folks think should happen....