Landlords rights

HeatherJane

We have a problem with a tenant who has given notice (because he has a new job elsewhere) 
He has put  a large aluminium shed in the small garden and a gazebo and stores lots of equipment  but thinks he can " leave it for  a while"
This is not acceptable for the new tenants due, or for us as the information we have is that we must look after and store his belongings. We have nowhere to store large garden items. What can we do?

caprikid1

If he leaves all his stuff there has he surrendered the tenancy ?

Norman_Castle

Direct him to a storage unit.

saajan_12

HeatherJane said:

We have a problem with a tenant who has given notice (because he has a new job elsewhere) 
He has put  a large aluminium shed in the small garden and a gazebo and stores lots of equipment  but thinks he can " leave it for  a while"
This is not acceptable for the new tenants due, or for us as the information we have is that we must look after and store his belongings. We have nowhere to store large garden items. What can we do?

Write to the tenant saying you received the notice, reminding them how they need to leave the property, how to arrange the key return / checkout and wishing them well in their new place. How they need to leave the property is clean, fix any damage, remove belongings, remove rubbish etc. Clearly state that if not, they would be liable for storage, transport and disposal costs. 

Then upon checkout, take proper photos of the condition including of stuff left behind if any. 

Hopefully that will encourage them to clear it but ultimately if they still leave the stuff, then you do have to safeguard it for 30 days as abandoned items. However its still a contractual breach of contract as they should have vacated by the notice expiry date, so you can claim your costs from them. This would need to be your mitigated costs, so the cheapest combination possible from the below: 
- storage on site and reduce the new tenant's rent for a month
- storage at an offsite unit and the rental for that
- transport to the storage unit
- sell the items and give them the profit minus any selling / storage costs 
- if unsellable junk then disposal costs

You then claim this as deductions from the security deposit or even file in small claims court if the cost plus other damages exceed the deposit. 

HeatherJane

Thank you for your advice
The tenant has given notice (end of February) as he has another job in a different area of the country.  
The information on tenants leaving stuff behind  seems to be on items left in the house, or rubbish, and as this is neither we are concerned to do the right thing without cost to ourselves.

theartfullodger

caprikid1 said:

If he leaves all his stuff there has he surrendered the tenancy ?

No, he has not.

Explain he will remain liable for rent until vacant possession and all his stuff gone.

Can we be confident you'll give either no reference or only a full honest one ?

doodling

Hi,

theartfullodger said:

caprikid1 said:

If he leaves all his stuff there has he surrendered the tenancy ?

No, he has not.

Explain he will remain liable for rent until vacant possession and all his stuff gone.

Can we be confident you'll give either no reference or only a full honest one ?

And presumably, as the tenant has given notice then that will be double rent?

saajan_12

theartfullodger said:

caprikid1 said:

If he leaves all his stuff there has he surrendered the tenancy ?

No, he has not.

Explain he will remain liable for rent until vacant possession and all his stuff gone.

Can we be confident you'll give either no reference or only a full honest one ?

Definitely say that to encourage the tenant to clear stuff.
However if he doesn't pay it, then you have to claim from deposit / court, and I can't see them granting rent ad infinitum until some shed junk is cleared. 

theartfullodger

saajan_12 said:

....

Definitely say that to encourage the tenant to clear stuff.
However if he doesn't pay it, then you have to claim from deposit / court, and I can't see them granting rent ad infinitum until some shed junk is cleared. 

Who's the "they"?  Deposit scheme, Court if pursuing via MCoL ??

Norman_Castle

HeatherJane said:

 
The information on tenants leaving stuff behind  seems to be on items left in the house, or rubbish, and as this is neither we are concerned to do the right thing without cost to ourselves.

The property includes garages, sheds or gardens. Its whatever was included in the rental agreement.

sammyjammy

saajan_12 said:

theartfullodger said:

caprikid1 said:

If he leaves all his stuff there has he surrendered the tenancy ?

No, he has not.

Explain he will remain liable for rent until vacant possession and all his stuff gone.

Can we be confident you'll give either no reference or only a full honest one ?

Definitely say that to encourage the tenant to clear stuff.
However if he doesn't pay it, then you have to claim from deposit / court, and I can't see them granting rent ad infinitum until some shed junk is cleared. 

Its hardly some shed junk!