Former Tenant not collecting belongings, what are my/their rights

cgfw201

Not sure if this is the right section for this question, but looks the most relevant I could see.

We had a tenant at our business premises for a couple of years, mostly a good relationship but they got a bit useless towards the end. Not communicating, not turning up etc. Not the end of the world, had a mutually agreed notice period and they left to go to a new premises.

All fine. We let them leave some kit here whilst they got setup at their new place, and a month later it's all still here.

They've not responded to any emails or texts about coming to collect it and we're at a point where we need it gone. I've offered to move it for them to any new location, or sell it and give them all the money for it, less the outstanding rent they owe us. The kit is worth a few thousand quid and the rent a few hundred.

What are my rights and what would you do in the same situation? We had a very basic contract which just covered monthly rent and not a lot more, certainly nothing which covered this issue.

Savvy_Sue

cgfw201 said:

What are my rights and what would you do in the same situation? We had a very basic contract which just covered monthly rent and not a lot more, certainly nothing which covered this issue.

I am guessing you did not take proper legal advice when you set up this contract? Hence your problem. I'd get proper legal advice now, personally. 

marcia_

Lots of landlords on this section https://forums.moneysavingexpert.com/categories/house-buying-renting-selling

tacpot12

I doubt you will get much advice from residential landlords as this is business debt, and the property is more valuable than most stuff that gets left in residential properties. 

It has not been very long, so if you need it gone, I would move the kit to storage that you pay for. Tell the tenant they have another month to collect the kit, or you will take possession and sell it to cover the storage fees. Take photos of the condition of the kit now, and assemble what evidence you can of its value.

tightauldgit

cgfw201 said:

Not sure if this is the right section for this question, but looks the most relevant I could see.

We had a tenant at our business premises for a couple of years, mostly a good relationship but they got a bit useless towards the end. Not communicating, not turning up etc. Not the end of the world, had a mutually agreed notice period and they left to go to a new premises.

All fine. We let them leave some kit here whilst they got setup at their new place, and a month later it's all still here.

They've not responded to any emails or texts about coming to collect it and we're at a point where we need it gone. I've offered to move it for them to any new location, or sell it and give them all the money for it, less the outstanding rent they owe us. The kit is worth a few thousand quid and the rent a few hundred.

What are my rights and what would you do in the same situation? We had a very basic contract which just covered monthly rent and not a lot more, certainly nothing which covered this issue.

I don't quite know what the ins and outs are as commercial terms are always different to residential ones. If I was in your shoes I think I'd probably be tempted if it wasn't a huge inconvenience to take the stuff to their new premises and leave it with someone there to make it their problem. 

Otherwise I think you do need to be careful, you need to give them enough notice and act reasonably before you go as far as selling or disposing of the items. I also don't think you can use the proceeds to pay any debt owed to you. You can only deduct the cost of selling the items. 

To my mind a month isn't really long enough to go nuclear on it. I'd probably send them a letter or email saying its been here a month and I'll give you another 30 days to collect it otherwise they will be sold.  

cgfw201

tightauldgit said:

cgfw201 said:

Not sure if this is the right section for this question, but looks the most relevant I could see.

We had a tenant at our business premises for a couple of years, mostly a good relationship but they got a bit useless towards the end. Not communicating, not turning up etc. Not the end of the world, had a mutually agreed notice period and they left to go to a new premises.

All fine. We let them leave some kit here whilst they got setup at their new place, and a month later it's all still here.

They've not responded to any emails or texts about coming to collect it and we're at a point where we need it gone. I've offered to move it for them to any new location, or sell it and give them all the money for it, less the outstanding rent they owe us. The kit is worth a few thousand quid and the rent a few hundred.

What are my rights and what would you do in the same situation? We had a very basic contract which just covered monthly rent and not a lot more, certainly nothing which covered this issue.

I don't quite know what the ins and outs are as commercial terms are always different to residential ones. If I was in your shoes I think I'd probably be tempted if it wasn't a huge inconvenience to take the stuff to their new premises and leave it with someone there to make it their problem. 

Otherwise I think you do need to be careful, you need to give them enough notice and act reasonably before you go as far as selling or disposing of the items. I also don't think you can use the proceeds to pay any debt owed to you. You can only deduct the cost of selling the items. 

To my mind a month isn't really long enough to go nuclear on it. I'd probably send them a letter or email saying its been here a month and I'll give you another 30 days to collect it otherwise they will be sold.  

Cheers. That sounds about right.

Re: post above, not going to take to commercial storage as their track record suggests they'll never pay me back for it.
Also don't know where their new address is, found out their planned one fell through and they've ended up somewhere else.

Have emailed and given another 30 days to sort themselves out.

lincroft1710

Google "involuntary bailee"

Grumpy_chap

cgfw201 said:

 they got a bit useless towards the end. Not communicating, not turning up etc. 

The kit is worth a few thousand quid and the rent a few hundred.

cgfw201 said:

, not going to take to commercial storage as their track record suggests they'll never pay me back for it.
Also don't know where their new address is, found out their planned one fell through and they've ended up somewhere else.

Has the business actually got a new premises, or just folded up?

Do the goods / equipment left behind belong to the business or on finance?  I realise you might not know the answer to this question.

If you did put the items in storage, you could deduct those costs plus the owing rent from whatever value the sale of the items realised.
You are effectively paying for storage while you cannot let the premises again.

Is the kit really worth a few £k, sold second hand?

tightauldgit

Grumpy_chap said:

cgfw201 said:

 they got a bit useless towards the end. Not communicating, not turning up etc. 

The kit is worth a few thousand quid and the rent a few hundred.

cgfw201 said:

, not going to take to commercial storage as their track record suggests they'll never pay me back for it.
Also don't know where their new address is, found out their planned one fell through and they've ended up somewhere else.

Has the business actually got a new premises, or just folded up?

Do the goods / equipment left behind belong to the business or on finance?  I realise you might not know the answer to this question.

If you did put the items in storage, you could deduct those costs plus the owing rent from whatever value the sale of the items realised.
You are effectively paying for storage while you cannot let the premises again.

Is the kit really worth a few £k, sold second hand?

I've seen a couple of people say that but everything I've read suggests you can ONLY deduct the costs of selling, not other debts that may be owed. 

cgfw201

Grumpy_chap said:

cgfw201 said:

 they got a bit useless towards the end. Not communicating, not turning up etc. 

The kit is worth a few thousand quid and the rent a few hundred.

cgfw201 said:

, not going to take to commercial storage as their track record suggests they'll never pay me back for it.
Also don't know where their new address is, found out their planned one fell through and they've ended up somewhere else.

Has the business actually got a new premises, or just folded up?

Do the goods / equipment left behind belong to the business or on finance?  I realise you might not know the answer to this question.

If you did put the items in storage, you could deduct those costs plus the owing rent from whatever value the sale of the items realised.
You are effectively paying for storage while you cannot let the premises again.

Is the kit really worth a few £k, sold second hand?

Yeh I'd guess £8-12k or so. The Involuntary Bailee suggestion above seems the best advice.