Lodger eviction - getting rid of their belongings.

Evo14

A few days back, I posted about my lodger who I'm currently in the process of kicking out. I gave her 28 days notice (I'm in Scotland, where kicking someone out of your own home is a legal minefield) as she has racked up rent arrears and is incredibly erratic with payments.

That 28 days notice expires on 20th July. However, I've not seen or heard from her since Sunday. I text her politely advising that I have a few things to iron out with her about her moving out (basic stuff, really just wanted to ensure that she'd clean the room so that it no longer resembles Steptoe's yard, give me a forwarding address and leave the keys) however that was on Monday and as of yet, there's no reply.

Now, my understanding of the situation is that she's got a new boyfriend and has been staying with him. Fair enough, but I don't want left with a room full of her crap and I'm getting a little frustrated with her lack of urgency considering that she's being evicted and has no fixed address (she has a mortgage on another place, however she lived with me for an easier commute and I know she's been defaulting on her mortgage payments for several months).

So, unless I hear back from her, here's my plan (which I reckon is fair) but want to double check there's no come-back on me. On the 19th, I'll change the locks. She's still welcome to stay for the one night, however she'll have to go through me if she wants access.

She has nothing of value in the house - her room is literally a mattress on the floor with clothes thrown all over the place, but I'm too nice to throw it out. Now, I have her father's telephone number. I've spoken to him a few times and he's a decent enough guy, so rather than leave myself stuck with a roomfull of her stuff, I plan to call him and explain that his daughter has failed to pay the rent, been evicted, is not answering my attempts at contact and ask if he could pick up her belongings.

Are there any potential legal issues arising from me giving her belongings to her dad? I know there is some rule stating that I can't throw her stuff out within a certain timescale (90 days springs to mind, but I could be wrong)

[Deleted User]

I think you can change the locks on the 20th, not the 19th, whether u plan to allow her access or not.

ilikewatch

I don't know the legal position, but I know that I would be absolutely livid should a landlord (or anyone one else) decide to contact my parents and reveal my financial affairs to them.

[Deleted User]

You might have to store her personal effects.., and that probably means bagging up the mattress as well as her other stuff. Wear gloves.

Evo14

deannatrois wrote: »

You might have to store her personal effects.., and that probably means bagging up the mattress as well as her other stuff. Wear gloves.

Amazingly, the mattress doesnt even belong to her, it was off my old bed. She said she'd use it for a few weeks until she bought her own bed :rotfl:

Six months down the line and it's still there. Doesn't even have a bedsheet on it. Shows where her priorities lie I suppose.

princeofpounds

You have a responsibility for her belongings left behind (google 'bailment').

In basic terms, you need to make reasonable efforts to contact her and reasonable allowances for her to collect her stuff. Only then can you consider disposing of it.

Contact her direct again first, letting her know she has a week to make contact to arrange collection. Then it would be reasonable to contact her father. You don't have to say why she left - it's not really relevant - but you should ask him for a contact address, even if it is c/o him. Then write a letter with proof of postage giving 3 weeks deadline. After that month is day you have been pretty reasonable.

G_M

As long as she has access, fine. So if you change the lock, don't go out!

You have a 'duty of care' for her belongings. If she doesnot collect them, you must
a) keep them for a reasonable period of time
b) make reasonable efforts to contact her
c) allow her to collect them

However, you could put them into storage and charge her the cost.

I must agree involving her father may seem simpler, but assuming she is over 18 is not really wise. For all you know they may be alienated and she may never get her stuff from him. (unlikely but possible).

However given the apparant (lack of) value ofthe belongings, she may decline to pay any storage costs and leave you with the bill rather than collect. You could then sell them, keep the amount to cover the storage costs and give her the balance.

Or if there is just a few bits, stick them in the attic for a while....