Ex neighbours possessions left on our drive

KazJenn

Yesterday our neighbours house sale concluded and it was moving in day. The couple had gone through a difficult divorce and the ex husband appears to have left the majority of packing and removing of his stuff (and some of their kids stuff) until yesterday. The ex-wife, who had sorted out her stuff weeks ago was trying to manage chaos as the ex-husband's removals men were frustrated that nothing had been sorted / packed. The ex-husband hasn't got enough storage to put all his stuff and he was absent for a large portion of the day and the times he was present was sporadic.

 As the new home owners were getting frustrated as couldn't move in. She pulled the remainder of his possessions and put them on our driveway. The ex- husband did not consent to her doing this (as was not responding to her calls) but saw that it was on our drive when he was present. We were not asked if they could do this but once we saw what she had done we stated to her that we expected the stuff to be moved by 5pm that day. We know that she tried to call him numerous times to ask him what his plans were for picking the rest of his stuff up and no response. She sent a final text explaining to him that she had left the property and attached a photo of his stuff left on our drive. 

I would guestimate that there are about two car trips worth of stuff  on our drive and an expensive bulky item that would need a van to transport. I've said that we leave everything as is overnight as you could see that the day had been stressful for all involved and as we would often see him up late. I didn't want him turning up around midnight or later and getting angry his stuff wasn't there.

However. We are now worried that we have no idea how long his stuff is going to be left on our drive. At a glance, there is nothing there that he would urgently need and his ex-wife says that he only used the high value bulky item a handful of times in 4-5yrs (Was approx £500 when new) We do have his number. Just to reiterate, we didn't contact him direct yesterday as didn't want to add to his stress and he was already exhibiting frustration at his removals men, new owners and other neighbours who had offered to store the bulky, high value item. The stuff does not impact on us apart from being an eyesore. It's also not secure or protected from the elements.

What I am asking is how would you recommend we go about this? We will obviously message him but want to be firm from the outset that we expect his possessions to be cleared from our driveway asap. If needs be, we would take it to the tip and would first give him a deadline. Would a week be fair? There may be financial issues and if we initiated a professional to clear the stuff or put his stuff in storage. He likely would not be willing to reimburse us.

I would also like clarification on whether we can lawfully just get rid of his stuff if needs be. Particularly as it was his ex wife that removed his stuff from the property and put it on our drive although he would have physically seen it there when he was present at the property yesterday. 

Any advice would be appreciated.

Kaz

Reginald74

I suspect the answer is: give him a reasonable deadline for removal, then dump it and sue him for costs.

deannagone

What an awful situation.  

Whilst the ex wife just wants to walk away from the problem, its even less your problem than it is hers and as you have found out, makes it difficult when its not clear how long a person is supposed to keep another person's left behind items.  When I split with my ex, I could store his stuff and gradually over time he picked things up.  It did take a while though, and I was able to store things meanwhile (was glad when he did finally collect items as it made my house messy).  

Obviously removal day was incredibly stressful, and this problem just made it worse.  Hopefully both parties will calm down and sort this out.  I can't be overly helpful as given this man is not/has not lived with you, I am not sure what your 'responsibilities' are.

However, I'd suggest writing a letter to this man, giving him a set time to collect the goods, and that you will charge for removal of the goods if he doesn't collect them himself by x date.  I can't see how a court wouldn't decide that this is a permitted action.  The problem isn't of your making and never was.  Its entirely his responsibility to sort out his storage problem.  

Windofchange

If it bothered me that much I’d probably just move it all back onto next doors drive, or onto the pavement at the front. It’s your property and you can clear it if you want. If I was friends with the neighbours then I might place my tarpaulin over it all and try to get in touch / work something out. Depends how bothered about your relationship with them / him you are as chucking it all in the pavement might make him angry. 

nyermen

On the side - presumably the fact that the OP wasn't responsible for placing the items on their drive doesn't make them liable for any damage (i'm thinking anything that shouldn't get cold/wet?).  Would be unfair on the OP if their duty of care extends to such.  What about theft too?

TripleH

Stuff was dumped on their property without their consent.

KazJenn  do you have contact details for him at all (I may have missed if you do).

I'd text him give him 48 hours then contact the council and make a complaint for flytipping. He is not now your neighbour and could have sorted his stuff that day. If he hasn't what would it be but rubbish?

Don't put it on your new neighbours property, don't upset them and don't move it at all anywhere as you could very the ones accused of flytipping.

KazJenn

Thanks everyone for your comments so far. We have his mobile number. We can find out where he is living fairly easily although this is temporary as he is staying with his parents and the ex-wife has told us that he has used up all available storage there.

We don't have a pavement. We're in a small, friendly and quiet cul de sac. I wouldn't want to pass this issue onto the new neighbours as they also had a crappy day and don't want us to get off on a bad start.

I was hoping that his 'stuff' would now be considered rubbish / fly tipping but the consensus so far is that we shouldn't consider taking it to the tip if needs be. Is that just because it's not our problem or that we should protect ourselves if he does get angry / accuses us of stealing his stuff?

deannagone

I'd text or preferably write to him saying you agreed to stuff being removed by 5pm on y day.  They haven't been.  You haven't been able to protect the items and if he doesn't collect by x date you will charge him for removal of said goods.

TripleH

If you report to the council it will be them taking action and disposing not you.

Plus he had ample time to sort this out besides this has nothing to do with you (in sofar as why should you have his rubbish on your property).

Any complaints of damage to his stuff, the answer is 'go away, you flytipped on our property, your fault'

Edit : if I'd have been asked, I would have helped out but specified a time limit from the start. Its the dumping without asking I object to.

Noneforit999

Whilst I would have sympathy for his situation, the reality is that its really not your problem and completely unfair of him to expect to leave his possessions on your property for any length of time. 

I would call his mobile and explain the stuff needs to be gone by the end of the day today. If he doesn't answer, leave a VM and follow up with a text saying the same thing. 

bbat

If youve seriously considered loading car and taking it to tip, would you consider taking it to him if he's moved locally? Just one way to speed up the process. Yes, i know you shouldn't have to.