tenant won't remove his stuff from my house

G_M

ezmerelda wrote: »

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!

The fact that no written tenancy agreement was in place does not mean there was no tenancy agreement. There was.

Rent was paid - a property was provided in return.

When did the arrangement start? Date of 1st payment? Most likely, in law, there was a Contractual Periodic Tenancy (AST) based on verbal agreement.

To end it, the tenant needs to give a full months rental period notice (hence the relevance of the exact start date).

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.

???????????!!!!!!!! Sorry - I'm biting my tonge. A tenant who stops paying rent, does not end a tenancy, and does not stop owing rent.

The fact that a tenant has other financial obligations elsewhere (eg a mortgage) does not end a tenancy.

I repeat my earlier questions above.

ezmerelda

Wickedkitten wrote: »

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

No they didn't at the time. Please don't get cross, I realise it was an entirely stupid thing to do not doing it properly, I went about it all the wro ng way with it only being a short-term thing, I didn't think it through and I'm just as mad with myself as I am with him. Well, almost.

I've sorted out an agent and am doing it officially now, but I've now lost a months potential rent from a tenant who was ready to move in, because he won't move his things and surrender the keys

Tiddlywinks

.... but how can you move another tenant in without properly ending the previous tenancy?

The tenant's things are still there so what proof do you have that the house is available and ready for a new tenant?

ezmerelda

The agent is aware of the situation, as is the tenant, and both have been very patient and understanding, which is lucky for me. No papers have been signed yet by new tenant as we're all waiting until the house is ready, but it would have been ready 3 weeks ago if he'd shifted his rubbish.

He moved in on the 25th March 2011, left 13th Jan 2012

Look, I know I've been stupid and done everything wrong and I admit I don't understand fully how all this works. My stupid mistake and now it's all backfired monumentally. All I wanted was a bit of advice as to whether I could bin his stuff or not, not an inquiry into my landlording practices.
He was living there with a vague verbal agreement that he'd pay me some money every month, its not like I'm some major property developer or anything

pinkshoes

By the sounds of it, your "tenant" gave his 1 month notice, and moved out.

As he correctly pointed out, he had paid until the end of February, so had every right to store his stuff up until that date. (Do you have this in writing - him saying he'd keep his stuff there until end of feb?)

As it's now gone past this date, and his tenancy has ended, I'd be tempted to flog or bin his stuff, then use any funds raised to change the locks.

googler

ezmerelda wrote: »

Look, I know I've been stupid and done everything wrong and I admit I don't understand fully how all this works. My stupid mistake and now it's all backfired monumentally. All I wanted was a bit of advice as to whether I could bin his stuff or not, not an inquiry into my landlording practices.

He was living there with a vague verbal agreement that he'd pay me some money every month, its not like I'm some major property developer or anything

G_M is trying to help you understand fully how it works. We can't tell you whether you can bin his stuff without all the facts, which is what all the questioning in the thread is leading to..

And, dare I say it, it might help to get to a solution quicker if you were to state all pertinent facts in your first post, rather than waiting until halfway through the thread to tell us that your 'tenant' is actually your ex, staying in the property under a casual arrangement......

ezmerelda

He only paid till the end of Jan, so any claim he had on paying to store his stuff ended then I'm assuming?

ezmerelda

googler wrote: »

G_M is trying to help you understand fully how it works. We can't tell you whether you can bin his stuff without all the facts, which is what all the questioning in the thread is leading.

And, dare I say it, it might help to get to a solution quicker if you were to state all pertinent facts in your first post, rather than waiting until halfway through the thread to tell us that your 'tenant' is actually your ex, staying in the property under a casual arrangement......

I realised my mistake after the first post, I've been here long enough to know better really, I should have explained but had hoped it might have been an easy yes/no answer. Again, stupid really and I apologise for that

mancitychick

Personally I would change thelcks, regardless of whether I get my keys back. Look to see if you can just change the barrel of the lock as opposed to the whole lock as I believe this can be cheaper.

With regards to his stuff I would box it up and drop it to his new place. Yes it's an inconvenience to you and not really down to you but at least then you can get your new tenant in place.

BigAunty

As per the previous landlordzone link:-

If you do not have a clause in your Assured Shorthold Tenancies

If you do not have such a clause, it is important that you correctly serve a legal notice regarding the uncollected goods.
A suggested procedure for legally disposing of uncollected tenant's goods:

• Make every effort to trace the tenant/s to their new address or contact them through any forwarding address you may have.

•If you are owed monies you must keep goods for 3 months before disposing of them. If you are not owed money a reasonable period, typically 28 days is acceptable before selling the goods.

• Write to the tenant by registered post or recorded delivery with a legal notice. This will notify them that the goods are available for collection and that they will be kept for up to three months.

• Make sure your notice clearly identifies you as the landlord and gives full contact details for yourself as landlord and include complete contact details.

• If the goods remain unclaimed after 3 months you can sell them to a buyer, who will receive good title to them. The original owner will therefore lose all rights to the goods.

• Once you have covered your expenses in this process and any rent arrears etc, any proceeds left over will belong to the original owner - your tenant, if they should turn up and claim within six years.