Bed in the hallway

[Irina]

We have a problem.

Our tenant left a double bed in the hallway and never brought it into the flat. It's been three weeks and the management company told us that if not removed by the end of the week, they would remove the bed and charge us for removal. Our tenant is really not quite grown up mentally, though an adult. He shrugs off our requests and gives us new promises every time but the bed is still there. We don't have a means to remove it ourselves unless we pay. If we get nowhere and the bed gets removed, can we charge the tenant and do we go about it? Is it enforceable? Thank you.

[Carryon Regardless]

Considering you can't remove it seems easiest to apologise to the management co and pay them to do the job.

I wouldn't authorise the removal as it could be seen as theft, if the management co remove they carry the risk.

Yes pass the invoice on to the T,

in case you have to chase the debt I would think of having some evidence that the bed belongs to the T.

Further I would now be concerned with the condition of the flat, this lack of consideration may be a risk to you in other ways.

[Irina]

Thank you for a fast reply. Yes, that's what concerns me - how do we prove that the bed belongs to teh T if he starts denying it? We have seen his brother bringing the bed in, but again, where is the proof? Can you prove anything in such cases?

The flat is ok more or less but the neighbours say that a woman lives there as well (he denies) , and Tenancy Agreement only on his name. Not sure what to do. Probabaly, we'll just leave it.

[Grampa]

Send a letter to the tenant explaining that it needs to be moved and will be a charge if they dont do it which will be taken out of their deposit at the end of the tenancy. If the tenancy agreement is any good it should have a clause about not blocking comunal areas which you can quote.

If the tenant is not all there up top I would also send a copy of the letter to any relation you have details of.

[Carryon Regardless]

The County Court is supposedly not about proof positive but 'most likely.

Can't say I'm sure about the practice though.

Last time in court I was claiming a small amount for a door that had fallen off it's hinges, as they do.

The G said he wasn't aware of this (he was).

The judge said I would have to prove it anyway.

Sorry Irina I'm not sure what to say to help you in honesty. To my mind your evidence should suffice, maybe the fact that there was no bed prior to your T and appeared as he did ??