Landlords belongings in the property, help please

Supermom

Hi looking for some advice please:j
My sister moved into a rented house in September stated as unfurnished with garage. However on moving in the landlord was away and there was lots of his belongings/furniture in the property. My sister was told by the lettings agents that to put it all in the garage and they would tell the landlord to collect it asap.

This still hasn't been done nearly two months on, the landlord has been ill/away/busy/etc and has now said he'll move it sometime in December but would/could not give an exact date.
My sister currently has all the contents of her garage in one of the downstairs rooms and cannot use the garage at all due to it being full of his belongings. With young children this is starting to cause her a great deal of stress, having tools/lawnmowers in the house where they could be a danger to the little ones.

The lettings agents don't manage the property so can't help any further though they did call the landlord last week to ask him to resolve it but he now won't answer the phone to my sister. Is there anything she can do? She's paying for a house and garage but can't use the garage or one of the downstairs rooms due to it being used as storage space by her landlord.

Any advice ?
thanks

Okydoky25

Does the LL live local? Doubt it's the right way of doing things but I would write a letter to the LL advising if they did not collect within 14 days the items would be dropped off to their home address.

Are the items on the inventory?

Supermom

No items on the inventory, and as for dropping them off would be difficult as includes sofa x3, double bed, chest of draws x4, loads of boxes, tools, garden equipment basically a full garage and full room of items.

The tennacy agreement states unfurnished with garage.

dt3887

i would write saying they have 14 days to collect or they will be disposed of in an enviromentaly friendly way

theartfullodger

Start taking them round to the letting agent. Keep a note of what you leave.

2 big boxes a day should get the message through

Supermom

Thanks for the advice but there really is too much stuff to 'take round' and as I said the letting agent does not manage the property it was a 'let only' so they really can't do anything it seems.

I just feel that my sister is paying for a property that she can only use part of, is there anyway of getting the landlord to move his belongings? I've suggested deducting part of the rent but my sister is scared he'll kick her out. She has a 12 month tennacy and I have an awful feeling that he has no intention of every moving his stuff.

Bennifred

I'd be tempted to get a removals company to collect the stuff and put it in storage - in the landlord's name ao at his cost. Obviously give him notice first that this is what will happen if the goods aren't collected by a certain date.

jgh

Inform the landlord that on arrival at the contractually stated "unfurnished property" you discovered somebody had dumped a load of stuff there, and you have disposed of it, and as a favour you're not going to bill him for the cleaning work. Put it out on the pavement and (tidily) and phone the council's bulky waste collection service.

Fire_Fox

Write to the landlord formally requesting he move his property and give her full access to the space she is paying for as already suggested. DO NOT unilaterally/ randomly deduct part of the rent, this puts you in breach of contract, risks court action and a CCJ. DO NOT dispose of the property, you have no legal right to do this.

What is the address at which to serve notices on the landlord listed on the tenancy agreement, is it the agency? If so and the letter does not work I agree take a couple of boxes around to their office as Artfullodger suggests. If the address at which to serve notices is miles away the other option is a second letter informing the landlord that all his items will be put into storage at his cost.

theartfullodger

be careful btw... your legal obligations are more onerous than you may think... see this for guidance (it's for LL responsibility if T leaves stuff behind but same principles apply....).
http://www.landlordzone.co.uk/uncollected_goods.htm

Uncollected Goods



Good Left in the Premises

Frequently, tenants leave goods after their tenancy has concluded or when they have abandon the premises during a tenancy. Uncollected goods and possessions left or abandoned in premises by tenants can pose a real problem for landlords. With both residential and commercial tenancies the value of the goods can sometimes be substantial.
The landlord is under a legal obligation to take care of tenant's possessions and in Tort becomes an involuntary bailee with a duty to act reasonably in regard to the goods left on the premises. The law relating to uncollected consumer goods is covered by the Torts (Interference with Goods) Act 1977
The Torts (Interference with Goods) Act 1977 allows a landlord to sell goods left in a property if reasonable efforts to trace the tenant or owner of the goods fail. The Act further states that if the tenant is traced, the landlord must serve notice stating its intention to dispose of the items, how to arrange collection, and that disposal of the items will not begin until the notice has expired.
Torts (Interference with Goods) Act 1977

The obligation to adhere to this legislation can result in financial losses for the landlord as a result of:
• Moving and transporting the uncollected goods.
• Safe storage of the goods.
• Legal disposal of the goods.

It is of course possible LL has had some significant problem (sickness, family crisis....): Perhaps not paying rent on time (dangerous, not recommended..) will get him in contact with you.

You presumably (post if not..) have an address for him - go round & discuss the matter....