Sons belongings

FlorayG

Section62 said:

FlorayG said:

Just a thought I don't know if this is a possible solution because I've never had one so don't know how it works, so do check my thinking before you take up my idea;
rent a small storage unit in his name and put all his stuff in it. Pay one month's storage. Give your son all the details of the unit and walk away - do not pay any further charges. I don't know what storage units do with items not paid for but it would then be HIS responsibility to maintain the payments or remove his stuff
Can anyone else advise on the practicality of this and would it cause the OP any problems?

Fraud - by the OP - is likely to be the problem with that, unless the son has agreed beforehand.

Fair enough. Rent in OPs name then?

Section62

FlorayG said:

Section62 said:

FlorayG said:

Just a thought I don't know if this is a possible solution because I've never had one so don't know how it works, so do check my thinking before you take up my idea;
rent a small storage unit in his name and put all his stuff in it. Pay one month's storage. Give your son all the details of the unit and walk away - do not pay any further charges. I don't know what storage units do with items not paid for but it would then be HIS responsibility to maintain the payments or remove his stuff
Can anyone else advise on the practicality of this and would it cause the OP any problems?

Fraud - by the OP - is likely to be the problem with that, unless the son has agreed beforehand.

Fair enough. Rent in OPs name then?

Which would make the OP liable for the costs and responsible for the ultimate disposal.

subjecttocontract

When we had a portfolio of rental properties we often had situations where tenants would move out and leave some of their belongings behind. We were always of the opinion that we had to follow the correct process which was: - Advise them in writing that they need to collect their property, make sure they have the contact details. Store the items I think for 28 days, if not collected dispose of the items.

Herzlos

silvercar said:

FlorayG said:

Just a thought I don't know if this is a possible solution because I've never had one so don't know how it works, so do check my thinking before you take up my idea;
rent a small storage unit in his name and put all his stuff in it. Pay one month's storage. Give your son all the details of the unit and walk away - do not pay any further charges. I don't know what storage units do with items not paid for but it would then be HIS responsibility to maintain the payments or remove his stuff
Can anyone else advise on the practicality of this and would it cause the OP any problems?

If you are going to pack up the belongings and deliver them somewhere, you may as well deliver to his new address. Why involve paying a storage unit?

It sounds like a lot of stuff, some of which is quite heavy so he'll almost certainly claim he can't take it yet.

With a storage unit the OP can fill it at leisure (though with health conditions a man and van would be better) then post the keys with details through letterbox and it's done without any direct confrontation. It's going to be much safer than trying to leave clothing and a multi-gym at the grandparents doorstep.

OP can make it clear the unit is only rented for 1 month and the contents will be forfeit if not collected. Job done.

Bookworm225

subjecttocontract said:

When we had a portfolio of rental properties we often had situations where tenants would move out and leave some of their belongings behind. We were always of the opinion that we had to follow the correct process which was: - Advise them in writing that they need to collect their property, make sure they have the contact details. Store the items I think for 28 days, if not collected dispose of the items.

and what form did that disposal take?
if the goods are of value you cannot simply throw them away as their owner still has a right to their value and could sue the landlord for financial loss

Section62

Herzlos said:

silvercar said:

FlorayG said:

Just a thought I don't know if this is a possible solution because I've never had one so don't know how it works, so do check my thinking before you take up my idea;
rent a small storage unit in his name and put all his stuff in it. Pay one month's storage. Give your son all the details of the unit and walk away - do not pay any further charges. I don't know what storage units do with items not paid for but it would then be HIS responsibility to maintain the payments or remove his stuff
Can anyone else advise on the practicality of this and would it cause the OP any problems?

If you are going to pack up the belongings and deliver them somewhere, you may as well deliver to his new address. Why involve paying a storage unit?

It sounds like a lot of stuff, some of which is quite heavy so he'll almost certainly claim he can't take it yet.

With a storage unit the OP can fill it at leisure (though with health conditions a man and van would be better) then post the keys with details through letterbox and it's done without any direct confrontation. It's going to be much safer than trying to leave clothing and a multi-gym at the grandparents doorstep.

OP can make it clear the unit is only rented for 1 month and the contents will be forfeit if not collected. Job done.

Never had to test it myself, but I doubt any storage company would have T&C's that would allow person A to store person B's property for a month with person B then being liable for ongoing storage costs and/or disposal.

What if the son doesn't collect at the end of the month?  Having shelled out for storage (and a man and van) the OP would then have to arrange to a) get the keys back from the son and b) arrange the sale/disposal of property which isn't at her home - which means more visits to the storage and/or paying for another man and van.

There is a really simple and 'correct' way to do this... there's no need for the OP to make it any harder for themselves.

onomatopoeia99

To the OP and since I cannot see anyone else in the previous replies having mentioned it, legally you are in the position of being an "involuntary bailee".  As such you will have certain duties and your actions regarding the goods are constrained by law.

The positive thing is you can serve a notice in the format given by the Torts (Interference with Goods) Act 1977 requring their removal within a defined time period, after which you can consider them abandoned and dispose of them as you please. If you sell you would need to retain any proceeds less your reasonable sale and storage costs.to be given to the bailor.

There is plenty of information on google about what to do in your situation.  A lot of it concerns situations like divorce or things being left in properties post sale or end of tenancy, but the principles and process are the same.

Herzlos

Section62 said:

Herzlos said:

silvercar said:

FlorayG said:

Just a thought I don't know if this is a possible solution because I've never had one so don't know how it works, so do check my thinking before you take up my idea;
rent a small storage unit in his name and put all his stuff in it. Pay one month's storage. Give your son all the details of the unit and walk away - do not pay any further charges. I don't know what storage units do with items not paid for but it would then be HIS responsibility to maintain the payments or remove his stuff
Can anyone else advise on the practicality of this and would it cause the OP any problems?

If you are going to pack up the belongings and deliver them somewhere, you may as well deliver to his new address. Why involve paying a storage unit?

It sounds like a lot of stuff, some of which is quite heavy so he'll almost certainly claim he can't take it yet.

With a storage unit the OP can fill it at leisure (though with health conditions a man and van would be better) then post the keys with details through letterbox and it's done without any direct confrontation. It's going to be much safer than trying to leave clothing and a multi-gym at the grandparents doorstep.

OP can make it clear the unit is only rented for 1 month and the contents will be forfeit if not collected. Job done.

Never had to test it myself, but I doubt any storage company would have T&C's that would allow person A to store person B's property for a month with person B then being liable for ongoing storage costs and/or disposal.

I doubt A could sign B up to anything. A would need to take the storage unit out in their name, give a key to B, and then if there's still anything in the unit when the month runs out, A would be stuck having to deal with it. Whether that means another van and man or whether the unit can just be abandoned, I don't know.

In the short term, it's an opportunity to get the stuff out of her house quickly and safely, and avoids any direct confrontation whilst trying to return the items, or any concern about leaving stuff on door steps etc. It does rely on the son collecting the stuff within the month though.

WIAWSNB

After giving notice;

1) Sell all the items, deduct expenses, and hand the balance to your son. This will almost certainly take many weeks if not months, and likely dominate Goose's life. And who knows how the son will respond - I doubt it'll be with a 'thanks'.

2) Carry out Onoma's 'involuntary bailee' action, and dispose of the items. I can guess how the son will respond. 

3) Give all the goods to the son. 

Section62

WIAWSNB said:

After giving notice;

1) Sell all the items, deduct expenses, and hand the balance to your son. This will almost certainly take many weeks if not months, and likely dominate Goose's life. And who knows how the son will respond - I doubt it'll be with a 'thanks'.

...

Subject to the legal advice mommygoose has lined up next week I'd think - given the background and her own health - that it would probably be sufficient to get three 'quotes' from house clearance companies.  If they say there is nothing of value to cover the disposal costs then she has the answer.  If it costs her a little for one of the companies to take the stuff then it should hopefully be cheaper than hiring a van and/or a storage unit.

So 30 days plus (say) a week?

I could be wrong, but I sense mommygoose won't want a 'thanks', but would be happy for it to be over with the least amount of hassle and without the risk of the son starting a moneyclaim (or other action) against her.  Following the 'correct' approach is probably the best way to achieve that.