Tenants left belongings in property - what next?

Suseka97

My friend's tenants recently gave notice and handed back the keys to the letting agent.  When she went to check on the property she found that they have left some pieces of broken furniture, a sofa, mattress and bags of clothes, as well as a few other personal and household items.  Speaking with the LA it seems they initially said they weren't able to move them out in time and intended to come back to collect the rest, however they have now decided they don't want them.  

So, she's not quite sure where she stands with arranging disposal - she'd much rather they took at least their clothes and smaller personal items.  The LA has said he will ask them to put it in writing that they do not want what is left behind, but I'm wondering whether they need to be given some sort of formal notice to remove their belongings (as it was let unfurnished) so she isn't in breach of any sort of law protecting a tenant's belongings regardless of whether they want them or not.

The LA she's been renting through aren't the best and I don't think they are giving her sound advice - they claim that as long as the tenants put it in writing, then she can simply dispose of them and claim against the deposit for said disposal.

To clarify, she intends to move back into her property as her main residence and is obviously keen to do the right thing, but also hopes to be able to move back in as soon as possible, but has nowhere to store the tenants belongings if that's what is required.

tacpot12

The LA is correct. If the tenants confirm in writing that they do not want what they have left behind then your friend can dispose of the items. 

They canbe given a formal notice; see here: What to do When a Tenant Leaves Belongings Behind - Landlord Insider (landlordvision.co.uk)

I had this situation. The tenants left some stuff. They didn't provide any forwarding address, and as far as we know left the UK, never to return. We told the letting agent that we had the property stored in case they returned, which we stored at home for three months and then disposed of.

Greymug

Since they said they don't want their items, you should just chuck them in the bin.

Suseka97

Thanks @tacpot12 - that's a useful link and is what I was concerned about.  So hopefully they'll soon put their lack of interest in their own belongings in writing!

@Greymug - wish it were as simple as that

These tenants haven't been the easiest to deal with, but they have always paid the rent (albeit late), its just a shame that they've left her property in a bit of a mess and so she has some work to do before its habitable for her.  This is just another problem for her to deal with and she's not in the best way in her personal life.  That said, she has some good friends and family that will help her sort things out and reading on some of the tenant related posts, she's in a way lucky they decided to move on themselves.

theartfullodger

What does the tenancy state will happen with uncollected goods left please?? Can't read it from here.... (eg if it said "anything left not collected within 2 weeks will be disposed of" that would be interesting..)

See this useful guide also...
https://www.landlordzone.co.uk/information/uncollected-goods-in-rentals/

Perhaps "friend" should do the posting, searching for info etc etc?? Just a thought...  Loads of good info on't t'InterWeb....

Bendy_House

Have the tenants had their deposit back yet? If not, I understand - but confirm - that part of this can be used to cover the cost of disposal if needed.

But, get that written confirmation from them first about not wanting these goods.

ProDave

Get someone to take the broken sofa away.  Then deduct the cost of doing so from the deposit before returning the balance.

Suseka97

theartfullodger said:

What does the tenancy state will happen with uncollected goods left please?? Can't read it from here.... (eg if it said "anything left not collected within 2 weeks will be disposed of" that would be interesting..)

See this useful guide also...
https://www.landlordzone.co.uk/information/uncollected-goods-in-rentals/

Perhaps "friend" should do the posting, searching for info etc etc?? Just a thought...  Loads of good info on't t'InterWeb....

Thanks for the link which I will forward on to my friend - it's genuinely not me if you think that.  I've also referenced to this forum, because I've benefited from its advice on many an occasion (although not with regards to Housing matters).  I'm just trying to help if I can - she's an anxious person and I'm better at handling forum interactions.

I'll ask if I can have a look at the tenancy agreement, would be interested to see if it mentions about if anything is left.  All she said is that the LA told the tenant she was required to leave it empty and clean (neither of which they have done), but that she wasn't allowed to move anything until the Deposit Scheme Assessor (or something like that) was able to go in and take pictures to assess the situation.  He then said that he'd get it from them in writing, but until then she can't dispose / move anything.  I can see why they have left unwanted furniture, but it's a bit odd to leave other personal items and clothing.

I appreciate all the advice thus far  

Suseka97

@Bendy_House and @ProDave - thanks.

The deposit is still being held in the deposit scheme and the LA has warned the tenants if they don't take their stuff then they'll be charged for disposal against it.  I understand they think that's unfair.  Also, they've caused some damage - minor, but damage nonetheless - so they definitely won't be getting the full amount back.

canaldumidi

* if tenant confirm in writing they don't want the things, dispose ofthem and deduct any cost from their deposit

* if they don't confirm, then be careful. There are 2 potential risks

1) you dispose of them and they then claim for the cost of their belongings. See the link artful gave above for what to do

2) they claim that as they have left things there, the tenancy is not ended! Was the notice legally served and accepted? If there is any doubt as to how/whether the tenancy ended (returning keys is not necessarily enough!), then acting as if it IS ended could lead toaclaim for illegal eviction. Unlikely, but if the tenants "haven't been the easiest to deal with" they might act awkward. You know them better than we.

Bendy_House

Suseka97 said:

@Bendy_House and @ProDave - thanks.

The deposit is still being held in the deposit scheme and the LA has warned the tenants if they don't take their stuff then they'll be charged for disposal against it.  I understand they think that's unfair.  Also, they've caused some damage - minor, but damage nonetheless - so they definitely won't be getting the full amount back.

Wow! At least your friend knows what they are dealing with... That should ring warning bells, and should make it even more certain that they follow this to the letter of the contract, because folk who think such things are 'unfair' are also often the type to cry 'foul' the other way whenever they can.