tenant won't remove his stuff from my house

ezmerelda

Thanks everyone.

I have a whole string of texts asking him over and over to remove his stuff, and at one point I did tell him I'd leave his stuff on the driveway- which I did, but changed my mind and took it all back in as I felt bad in case any of it got nicked. Wish I'd just left it there now!
And there's loads of stuff still in the loft that he claims isn't his - well, beard trimmers and star wars Lego ain't mine! I know full well he just can't be bothered going through it and disposing of it, and he knows I'll have no choice but to get rid of it for him. From his point of view I suppose he's got a minor victory there, it's hacked me off and he's had all his junk disposed of for him, but the other stuff? Electrical equipment, a cupboard full of DVDs, Xmas pressies, clothes still in the dryer?

We were together 15 years, I know he's lazy but this isn't him. The more I think about it, the more tempted I am to think he's been 'advised' to leave the stuff and try taking me to court if I bin it. Its a petty, pathetic game which I have no desire to play.

So I've decided his stuff will be stored in the garage. My new tenant doesn't drive so has no use for the garage, and is happy for me to continue to use it for storage. It's damp and mice love it, but at least his stuff isn't in a skip. The locks are changed so if he wants access he'll have to ask. Nicely I'll let him know he has a reasonable amount of time to collect, after which it goes to the tip. Which i'm hoping fits with the info in those links, that's kind of how I've understood it anyway.

Not having his address means I can't do the recorded del thing, but I'll text him and save the messages. Yes he could claim he didn't receive them, but at least I'll have them there as proof I sent them. I might also hand him a letter if I can get someone to come along next time I pick the child up from him.

Thanks everyone for all the help and info. I know this might have seemed a silly 'warring exes' dispute, but there was no war until he moved out and got narky. I've been so stressed about it all and you've helped me think it through and sort it out properly, I really am grateful. Thanks

neas

Hopefully with the new tenant you will do everything above board now yes?

Deposit needs protecting (or you risk getting sued 3x deposit amount)
If things break with what you supply, you should maintain them (unless intentionally damaged by tenant)
You should declare profit to taxman... your ex could still shop you at any time for tax evasion....

So really your ex has you over a barrell if he wanted... truly and properly....He was the tenant, you was the wannabee landlord, not paying tax, not taking deposit/nor protecting it, and the tenancy ended without a proper format.

Maybe be nice to your ex for say 5 years lol.

sonastin

neas wrote: »

not taking deposit/nor protecting it

You have a point on the tax and on future deposits but I am pretty sure that the OP did nothing wrong (legally speaking) by not taking a deposit nor by not protecting a non-existant deposit...

missile

I presume you know where he works and he visits the kids?

It would appear he has a reason for not telling you, but it should be easy enough to find out where he lives. He may notice if you did it, I would ask someone else to follow him home. If you do not have a willing friend, a private enquiry agent would do it. A few quid well spent.

ezmerelda

Aye, everything is being done by the book now. Tax evasion shouldnt be an issue, I've never made a profit from his rent, nor will I from the new tenant. From what I've read and the advice I've had, there should be no tax involved. If I'm wrong, I'll get it sorted. I'm not out to make millions, the mortgage payments are covered and that's all I'm bothered about, and I'll sell when I'm in a better position to do so. That house is DD's university fund hehe.

BitterAndTwisted

Just because the rent covers the mortgage-payments does not mean there will be no tax payable. You can only offset the mortgage-interest (plus other allowable expenses) against the tax. There is helpful guidance to be found on HMRC's website. You WILL need to fill in a tax-return and declare the rental-income even if there is no tax due. If you make a loss you can carry that forward to the next year.

Tread very, very warily! HMRC do not take kindly to tax-evasion! And they have ways and means of discovering whether a property-owner lives there or not. There are also insurance implications if you haven't sorted that yet.

ezmerelda

No, there was no deposit from him. Stupid, as I could have used it to cover cleaning and redecorating costs, as well as the skip I'll need for his leftover stuff. I filled a skip just with my stuff from the loft and cupboard under the stairs, I'm a total hoarder and it half killed me to throw that amount of stuff away!

I know the area he lives in, but not the street etc. I can understand he doesn't want me darkening his door, but handing the child over in car parks is beyond a joke, and I've told him I won't do it again

BitterAndTwisted

Give him the appropriate amount of time to collect his stuff. If there are loads of DVDs and whatnot you could make some decent money by putting them up for sale on ebay. Anything not saleable for a profit could go to the charity-shop.

vax2002

I would send him notice that it is been stored in the garage at a charge of £25 per week and send him a contract to sign.
If he refuses, then dump it.
As long as you offer the choice.

Oneday77

If you get to th epoint of dumping the stuff, don't. Ebay\Car Boot\Gumtree it all. Recover your costs etc. Star Wars Lego will sell well for one thing I suspect.
Obviously this is when your legally able to. If it doesn't sell Frecycle it, then is costs you nothing to get rid.