Eviction - Tenants Possessions

[brisol1234]

Hi All, just signed up to the Forum and already I need some advice...

Got court possession order and baliff's coming next week (at last!!!) Problem is tenants have not lived there for months - but they have all their possessions there, which I doubt will be cleared, I know that I have to store their things for three months and make arrangements for the tenants to pick it all up.

However I wonder if anyone knows that if their sofa doesn't have a fire label do I still have to store it and there are piles of dirty clothes/bedding and dishes - do I have to store them too? - Don't really want to put it in my house and I can't afford to leave it in my rental - as I really need to rent it out soon (had no rent for 4 months)

Any help would be greatly appreciated

[Grampa]

It is unlikely they will be back but to be on the safe side take an inventory of the items. The tenancy should state what the proceedure is for left items. You could just move all the items into one room while you paint clean the other rooms you dont need to move them until you find another tenant so maybe you could just box it all up and and have it all stacked in a corner of one room for now with a sheet over it. Not the best solution I know but a option..

[Melboy]

Your first action is to contact your tenants and state that they must collect within 14 days or disposal action will start. Send it recorded mail.

If you don't know where they are then a £15 advert in the local paper helps or at least proves that you have made every reasonable effort to trace them and asking them to remove their furniture etc.

As mentioned: Inventory......photographs.......bag up or box all loose items.

[Richlist]

Without a special clause in your contract you will have to store the items for 3 months.......just rent a storage unit from Big Yellow or similar.

Here's the clause I use:

The landlord may remove, store and if not collected within 30 days, may sell or otherwise dispose of any furniture or goods which the tenant fails to remove from the property at the end of the tenancy. The tenant shall be responsible for all reasonable costs which the landlord may incur. The landlord shall be entitled to deduct such costs from any monies lawfully due to the tenant.

You can claim the transport & storage costs directly from the tenant or the guarantor if you have one.

Failing that you would have to claim from the tenant in the small claims court.....don't waste your time if the tenant is unlikely to be able to pay.

Sometimes not taking rent guaranntee insurance &/or a guarantor can prove very costly I thnk..

[brisol1234]

Hi Many thanks for your good advice, I do have their signed tenancy agreement which has the following wording, would you mind looking at it for me It is quite harsh though and I think a court would say that we should have given them so many days to collect.

42. The tenant will clear all his own personal effects and any rubbish from the premises

on or before the end of the tenancy. The Landlord has the right to dispose of any of the tenants’ personal belongings or effects left inside or outside the premises at the end of the tenancy. The landlord has a right to charge for the cost of removal of any such abandoned effects.

Thanks again for your advice

[Richlist]

I've no idea of the validity of your clause........to play safe, in your shoes, I would send a letter identifying that clause to the ex tenant and give them a few days to collect or respond.

Then its your call wether you get legal advice or take action a you see appropriate.