tenant won't remove his stuff from my house

ezmerelda

Hi
I posted here yonks ago about not wanting to rent out my house, but did end up doing it.
Now my tenant has moved out (middle of Jan), but refuses to remove the last bits of his stuff from the house, despite numerous requests and deadlines etc. Plus I've had to break into my own garage because he won't give me the key back.
Anyone know where I stand legally with disposing of his things? Can I just sling it all in a skip or do I have to keep it somewhere until he decides he wants it? And how can I get my keys back, I'd rather not change the locks if possible but if I have to I suppose I'll just have to do it.

Cheers

immoral_angeluk

What kind of stuff is it?

BigAunty

Did he give you notice to end the tenancy and hand back the keys or did you get a possession order through the courts? did he flit?

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

nomoneytoday

I would change the locks, otherwise 6 months down the line they could just "walk in"

ezmerelda

Everything from rubbish and cardboard boxes to what is clearly a bag full of opened xmas presents, not to mention whatever rubbish he's had stored in the garage.
I really need to dump the lot but just don't know if I legally can?

bris

Did he give you proper notice, or you proper notice to the tenant. There are procedures you need to follow if you believe the property has been abandoned, be careful as a wrong decision by you could easily turn into an illegal eviction.
http://www.landlordzone.co.uk/legal/abandonment.htm

ezmerelda

Thanks for the links, will check them out properly later as I'm using blacberry internet atm and it's rubbish hehe.
He told me he'd be out 13th Jan, when he exchanged on the house he's bought. He then informed me he'd paid a full months rent and said he'd seen a solicitor and should have until the end of the month to move out. Fair enough, but he's still not moved his crap and it's now the middle of feb. The problem is we didn't have a formal tenancy agreement, he is actually my ex and I did him a favour by letting him live there just covering the mortgage for me. By the time I realised we probably should have some sort of formal agreement (he hadn't paid ANY bills for 6 months), he told me he was in the process of buying elsewhere so I thought it wasn't worth it for the couple of months until he exchanged and moved.
Stupid I know, but at the time I trusted him so thought he'd do the right thing. Obviously not

shop-to-drop

I don't suppose you have a deposit then? If you do I think you can charge for removing the stuff with the deposit.

G_M

You have not made clear if the tenancy has ended.

What tenancy agreement (dates etc) was in place?
What Notice was given?
Was a formal tenancy surrender agreed?
What arrangements were made?
Was a check-out inspection undertaken? Was the tenant present? Did he sign it?

If the tenant has not 'vacated' then the tenancy continues - as does th obligation to pay rent.

If the tenancy has formally ended, you have a duty to 'care for' his possession, but can charge for doing so. More here.

Wickedkitten

ezmerelda wrote: »

Thanks for the links, will check them out properly later as I'm using blacberry internet atm and it's rubbish hehe.
He told me he'd be out 13th Jan, when he exchanged on the house he's bought. He then informed me he'd paid a full months rent and said he'd seen a solicitor and should have until the end of the month to move out. Fair enough, but he's still not moved his crap and it's now the middle of feb. The problem is we didn't have a formal tenancy agreement, he is actually my ex and I did him a favour by letting him live there just covering the mortgage for me. By the time I realised we probably should have some sort of formal agreement (he hadn't paid ANY bills for 6 months), he told me he was in the process of buying elsewhere so I thought it wasn't worth it for the couple of months until he exchanged and moved.
Stupid I know, but at the time I trusted him so thought he'd do the right thing. Obviously not

Your ex is covering the mortgage on your house and you want him out but you have no tenancy agreement. Does your lender know that he is living there and paying the mortgage

ezmerelda

No formal tenancy arrangements whatsoever. He paid a standing order into my bank every month, that's it. Technically I would think it has properly ended as he's not paid any money for Feb, and now pays the mortgage on new house. Does that make any difference?
He left the place in a right mess, pretty much just took his clothes and the beds and left the rest for me to deal with. There's still clothes in the dryer!!
I'm so angry with him but want to try and do thngs right where I can, and not let the red mist take over!