Tenancy agreement legal help needed
Discussion
A friend let out his flat. The tenancy finished last December 12th and they have not lived in the flat since. But there are a lot of there possessions still there nothing of any value as it’s mainly old wardrobes bits of clothing etc etc. My friend wants to move back into the flat with his girlfriend now. The tenant told him that they had 2 months to collect their belongings even though they have not paid any rent, this was 4 weeks ago and my friend has not been able to contact them since. No replies to emails no answer on the phone and he has no idea where they are now. What is his legal obligation? When can he dispose of their belongings? he is in a bit of a stalemate at the moment. So any advise would be great.
Cheers Chris
Cheers Chris
When the tenant left, he became an involuntary bailee.
He has a duty to keep items safe, and to make them available to owner.
He can dispose of items after a reasonable period of time. Reasonable is probably 2 weeks. Maybe 3. Not 2 months.
On becoming an involuntary bailee, he ought to have taken an inventory of the items, and approximated their value.
Once reasonable period of time expires, and owner has not collected - disposal. If items sell for money (and he can't just bin Patek Phillipe watches, Manet paintings etc) then he has to hand over cash less costs of disposal to owner.
He has a duty to keep items safe, and to make them available to owner.
He can dispose of items after a reasonable period of time. Reasonable is probably 2 weeks. Maybe 3. Not 2 months.
On becoming an involuntary bailee, he ought to have taken an inventory of the items, and approximated their value.
Once reasonable period of time expires, and owner has not collected - disposal. If items sell for money (and he can't just bin Patek Phillipe watches, Manet paintings etc) then he has to hand over cash less costs of disposal to owner.
So what to do - I'd think about putting together list of items, with estimated value, email to former tenants and give them a week to collect before disposal. Make best efforts to contact, and keep evidence he's done so.
Then off to the tip.
Will hazard a guess that the tenancy didn't end terribly amicably, and that the former tenants is trying to cause your pal as much hassle as possible.
Then off to the tip.
Will hazard a guess that the tenancy didn't end terribly amicably, and that the former tenants is trying to cause your pal as much hassle as possible.
2 months seems far too long. If he’s said that he’s bound by it.
I had involvement when a house seller was unwittingly verbally told by the buyer they could move their stuff out the weekend after completion. We didn’t know this so the whole lot was skipped on the Saturday and the seller turned up on the Sunday and went ballistic. It was really good stuff too and by then a lot had been sold to the local secondhand furniture place! Nightmare
I had involvement when a house seller was unwittingly verbally told by the buyer they could move their stuff out the weekend after completion. We didn’t know this so the whole lot was skipped on the Saturday and the seller turned up on the Sunday and went ballistic. It was really good stuff too and by then a lot had been sold to the local secondhand furniture place! Nightmare
The Torts Act 1977 requires a landlord to take reasonable care of a departing tenant's belongings, with the landlord making reasonable effort to contact the departed tenant, with a period of three (3), although a well worded tenancy allowing fourteen (14) can override the former.
Usually a LL/agent will/may have a forwarding address, telephone number for the departed tenant, with social media being another useful platform for searching for the departed tenant.
If you do trace the tenant, then the LL/agent is required to inform the departed tenant in writing that unless their effects are not uplifted by xx date, then those same effects will be disposed off. Helps also to change the main entrance door locks of the rental premises, with a notice placed on the nearest visible window to the main entrance door, of the LL/agent's contact details, and again that the effects will be disposed off after xx date.
If items go to auction, or house clearance etc., then effects should be clearly listed, and to their value etc.
Only ever assisted with a similar event, and that led to the landlord being prosecuted by local council authority for unlawful eviction, so clear correspondence in writing.
Usually a LL/agent will/may have a forwarding address, telephone number for the departed tenant, with social media being another useful platform for searching for the departed tenant.
If you do trace the tenant, then the LL/agent is required to inform the departed tenant in writing that unless their effects are not uplifted by xx date, then those same effects will be disposed off. Helps also to change the main entrance door locks of the rental premises, with a notice placed on the nearest visible window to the main entrance door, of the LL/agent's contact details, and again that the effects will be disposed off after xx date.
If items go to auction, or house clearance etc., then effects should be clearly listed, and to their value etc.
Only ever assisted with a similar event, and that led to the landlord being prosecuted by local council authority for unlawful eviction, so clear correspondence in writing.
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