Getting someone to remove their stuff
Discussion
We have a third party storing some equipment on our site that we'd like them to remove as we could do with using the storage space ourselves. We've emailed them a couple of times asking for it to be collected but after replying that yes they'll come and collect it gets forgotten about until someone mentions needing the storage space and off we go again.
There's no animosity between us and the third party, there's no reason for them not to come and collect (other than, possibly, Covid) and no obstacles to them collecting. We'll even help them load their stuff if it would help them out. So is there anything we can do to give them an ultimatum? We won't be trying to sell their stuff and give them the money or anything like that, but can we email them again and say something like they've got two weeks to collect otherwise at 9:00 on Monday morning the stuff to be collected will be left outside the site gates (where it won't be causing an obstruction, there's plenty of room for everything outside the site)? We've got no intention of getting legal with them either, it's simply not worth it, nor are we interested in charging them rent to keep their stuff here.
Thoughts please?
There's no animosity between us and the third party, there's no reason for them not to come and collect (other than, possibly, Covid) and no obstacles to them collecting. We'll even help them load their stuff if it would help them out. So is there anything we can do to give them an ultimatum? We won't be trying to sell their stuff and give them the money or anything like that, but can we email them again and say something like they've got two weeks to collect otherwise at 9:00 on Monday morning the stuff to be collected will be left outside the site gates (where it won't be causing an obstruction, there's plenty of room for everything outside the site)? We've got no intention of getting legal with them either, it's simply not worth it, nor are we interested in charging them rent to keep their stuff here.
Thoughts please?
You can do what you want on your land.
It sounds like you're been very accommodating already, and the third party has taken advantage of that. On the basis that they are presumably receiving your correspondance then simply send them a letter informing them that the goods must be removed from the site by X, and that any goods left on the premises will be left outside of the company gates as of the morning of Y, and that you will accept no liability for any loss or damage incurred thereafter.
You're not obliged to store someone's goods on your property in perpetuity, or indeed at all.
It sounds like you're been very accommodating already, and the third party has taken advantage of that. On the basis that they are presumably receiving your correspondance then simply send them a letter informing them that the goods must be removed from the site by X, and that any goods left on the premises will be left outside of the company gates as of the morning of Y, and that you will accept no liability for any loss or damage incurred thereafter.
You're not obliged to store someone's goods on your property in perpetuity, or indeed at all.
I saw a police solicitor for a domestic abuse victim who was frightened of the chap, a mechanic for an F1 team, returning at the end of the season. She wanted to sell her business and move to the continent. The problem she had was that he'd left some 'items' in her garage. The total was of some value.
The brief did not give advice (for legal reasons), but only general points, and instead gave some things for her to consider. There was a long list.
It's not a simple matter of put it outside, throw it in the road, or dump it in the owner's front garden. One factor, one of many, is you should act reasonably. There's no useful definition of reasonable that is applicable to specific circs as it is a matter of fact to be proved.
Tread carefully, especially if the items are of value. Take care in suggesting that you might start charging for storage. There are other matters that you might think would be the way to go, but might be risky. Put nothing in letters to them until you have a plan to follow.
The brief did not give advice (for legal reasons), but only general points, and instead gave some things for her to consider. There was a long list.
It's not a simple matter of put it outside, throw it in the road, or dump it in the owner's front garden. One factor, one of many, is you should act reasonably. There's no useful definition of reasonable that is applicable to specific circs as it is a matter of fact to be proved.
Tread carefully, especially if the items are of value. Take care in suggesting that you might start charging for storage. There are other matters that you might think would be the way to go, but might be risky. Put nothing in letters to them until you have a plan to follow.
Cheers all. Everything is and will remain amicable with the third party. We have no intention of doing anything stupid either to their equipment or with them in general. Oh, and it does definitely belong to the third party and there is no contract regarding their storage and no fees involved - all we want is for them to collect. As I said, can we simply tell them they have x weeks to collect otherwise on the Monday morning it'll all be outside the front gates?
Antony Moxey said:
Cheers all. Everything is and will remain amicable with the third party. We have no intention of doing anything stupid either to their equipment or with them in general. Oh, and it does definitely belong to the third party and there is no contract regarding their storage and no fees involved - all we want is for them to collect. As I said, can we simply tell them they have x weeks to collect otherwise on the Monday morning it'll all be outside the front gates?
Durzel said:
You can do what you want on your land.
It sounds like you're been very accommodating already, and the third party has taken advantage of that. On the basis that they are presumably receiving your correspondance then simply send them a letter informing them that the goods must be removed from the site by X, and that any goods left on the premises will be left outside of the company gates as of the morning of Y, and that you will accept no liability for any loss or damage incurred thereafter.
You're not obliged to store someone's goods on your property in perpetuity, or indeed at all.
It sounds like you're been very accommodating already, and the third party has taken advantage of that. On the basis that they are presumably receiving your correspondance then simply send them a letter informing them that the goods must be removed from the site by X, and that any goods left on the premises will be left outside of the company gates as of the morning of Y, and that you will accept no liability for any loss or damage incurred thereafter.
You're not obliged to store someone's goods on your property in perpetuity, or indeed at all.
V8 Bob said:
Yes tell them that you need the space and it is going to cost you £x per week to rent elsewhere plus the additional operational costs associated with running two sites therefore you will need to recoup £x +y per week if they don’t vacate by a certain date.
I’m sure you can’t create a contract without their agreement!As long as you are in contact with them, you do have a responsibility to look after their stuff and not just sling it out in the street, and may be exposed to liability if you don't. You may be able to recover some reasonable costs from the owner.
Dumping it outside the gates will almost certainly be fly-tipping.
Dumping it outside the gates will almost certainly be fly-tipping.
When I had a scaffolder that wouldn't remove his scaffolding (they like to take it from one job to the next rather than storing it)
After 4 weeks of promises I told him there were some gypsies asking for it and I was going to let them take it on Friday - he removed it the next day.
As mentioned always better to do such things by phone
After 4 weeks of promises I told him there were some gypsies asking for it and I was going to let them take it on Friday - he removed it the next day.
As mentioned always better to do such things by phone
If things are amicable and its just a case of the third party being lazy then can you just set a date for them to collect it, and call them to remind them the day before? So instead of them being asked to choose a date, they get politely told when you will be expecting them.
If they don't turn up then you could just take it to them, assuming its practical to do so.
If they don't turn up then you could just take it to them, assuming its practical to do so.
paintman said:
CoolHands said:
I think we did this one before? Can’t remember the outcome. Not as straightforward as you might believe.
Think BV went into some detail. IIRC it isn't as easy as just dumping it outside the gate.
Do a search & you might find the relevant thread.
I'd be giving them a few weeks and then turfing it outside my boundary, whatever happens to it. The fact your not charging them and no contract is in place makes it a fairly simple situation to resolve.
My dad used to rent storage space from a guy, he was ruthless.He had his warehouse all marked out and if you left something outside your space he fined you a tenner.
He always claimed he had to do it because he was skint but kept about £2k in notes rolled up in his back pocket. This was early 90's. Then a local developer who it later turned out bribed the council planning committee turned up with blank cheque to buy his land, he was offered £5m but told him to eff off.
Nearly thirty years the house still sits with a big warehouse and sheds at the back but the guy is long dead.
My dad used to rent storage space from a guy, he was ruthless.He had his warehouse all marked out and if you left something outside your space he fined you a tenner.
He always claimed he had to do it because he was skint but kept about £2k in notes rolled up in his back pocket. This was early 90's. Then a local developer who it later turned out bribed the council planning committee turned up with blank cheque to buy his land, he was offered £5m but told him to eff off.
Nearly thirty years the house still sits with a big warehouse and sheds at the back but the guy is long dead.
Edited by sutoka on Wednesday 10th March 00:57
You can't simply fling the stuff outside the gates, both because flytipping, and because the fact that the owners are being a bit crap doesn't absolve you of your responsibility to take reasonable care of other people's property which is in your possession. If the equipment came to harm as a result, you could be liable for its value.
Ignore the people telling you that you can because you can do what you like on your own land - that principle went out at a lot the same time as the feudal system.
What you CAN do is give notice that if the goods aren't collected by date X they will be sold, and then sell them rather than chuck them. The owner is entitled to the proceeds of the sale, but you can deduct reasonable expenses that you incur in the process. There is a formal process for doing this laid out in the Torts (Interference with Goods) Act and some technicalities to comply with - here is a reasonable place to start.
https://www.shoosmiths.co.uk/insights/articles/dis...
(It's written with landlords whose tenants don't take their possessions with them in mind, but the principles are the same).
Obviously if the equipment is of very low value, trying to sell it might be a pointless exercise and maybe you might as well chuck it - at worst you would be liable for it's low value. However if it has significant value you should try to realise as much of that value as possible rather than leaving it out in the rain.
This assumes you are in England - I don't know how things work in Scotland.
Ignore the people telling you that you can because you can do what you like on your own land - that principle went out at a lot the same time as the feudal system.
What you CAN do is give notice that if the goods aren't collected by date X they will be sold, and then sell them rather than chuck them. The owner is entitled to the proceeds of the sale, but you can deduct reasonable expenses that you incur in the process. There is a formal process for doing this laid out in the Torts (Interference with Goods) Act and some technicalities to comply with - here is a reasonable place to start.
https://www.shoosmiths.co.uk/insights/articles/dis...
(It's written with landlords whose tenants don't take their possessions with them in mind, but the principles are the same).
Obviously if the equipment is of very low value, trying to sell it might be a pointless exercise and maybe you might as well chuck it - at worst you would be liable for it's low value. However if it has significant value you should try to realise as much of that value as possible rather than leaving it out in the rain.
This assumes you are in England - I don't know how things work in Scotland.
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