Tenant gave notice which ended 28/4. I sent formal letter stating move out terms ie out by 1pm. Ended up sorting a van myself as constantly stalling. Van had to do two distance trips in the end and at 6pm they eventually left, house a tip lots of belongings left. Tenant signed end of tenancy agreement to say tenancy ended and handed keys back plus that they’d forfeit their deposit as garden & house a tip etc. They’ve now contacted me 2 days later to say there’s a sentimental item they would like. I said I’d ask the company clearing it if they have come across it but doubt it. There then follows a longer list of items they want. I’ve not responded as it is now getting ridiculous and I do not want to then back in the house. I’m being threatened with reporting to council and court. I’m not mean but they’ve caused me enough trouble already and they owe the last months rent. Any thoughts?
What does the tenancy agreement say, if anything, about disposal of items left in property.
9.44. At the end of the Term, to remove all of their furniture and other goods from the Premises. The Tenant
may be liable for damages if they leave items at the Premises which prevent the Landlord from making use of or
re-letting the Premises, or if the Landlord incurs costs in relation to such items (for example, reasonable charges for removal or storage).
All that is stated in the TA
It’s still their property tho isn’t it?
The month unpaid rent is irrelevant to this (you can claim from deposit?) as is any ‘hassle’ (unless it is a cost to you).
Is there anywhere outside you /the clearance co can leave the items so they can collect from outside? Even if not, just offer to leave by front door and ask the clearance Co to put the items there -tell tenants when that will be but make sure clearance co don’t let them in. Warn the tenants that if they do not collect within 24h then the clearance co will take the items at an extra charge to them
It’s going to be cheaper to let them take the items than have to dispose of them and if there are extra costs to you just charge the tenants. Probably a removal co taking all their items to their new address will cost a similar amount to a clearance - time spent loading and unloading is the same. You could get a quote and offer that?
Maybe tell them what the costs will be and if they want to pay for those (inc the van) and the month’s unpaid rent then in return you won’t pursue them in the courts for what they owe you. They would have to pay you everything upfront as they are already behind (rent) and you are not willing to offer them further credit given the circumstances and condition they have left your property in.. That would be a fair counter offer and would be seen as you being reasonable I think. And they are unlikely to accept..
Good luck
shame it doesn’t say anything about timescale nor disposal e.g.
“… The Landlords will remove and store the possessions for one month (other than any perishable items which will be disposed of immediately) and will take reasonable steps to notify the Tenant. If the items are not collected within one month, the Landlords may dispose of the items and the Tenant will be liable for the reasonable costs of disposal.”
In the absence of those terms in this clause (which even OpenRent’s new APT doesn’t stipulate), I think you have to tread carefully because their possessions are still their property.
It’s not clear from your posts what has actually happened to their goods. Have all/some been disposed of already?
Ps from nrla
When a tenant leaves belongings behind, a landlord cannot simply throw them away. Under the Torts (Interference with Goods) Act 1977, you must store the items securely, document them, and provide the tenant with written notice allowing a reasonable period (often 21–30 days) to retrieve them, or risk liability for damages
Key Steps to Take
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Do Not Dispose Immediately: Do not sell or throw items away right away, even if they appear to be rubbish, as you may face legal action.
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Take Inventory: Photograph and list all items in the property to protect yourself against claims of damage or theft.
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Attempt Contact: Use the contact details on file, including emailing or texting, to notify the tenant of their belongings.
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Store Safely: Items must be kept secure, not left outside. You can legally move them to storage.
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Serve Written Notice: Send a letter (ideally by recorded delivery) stating your intention to sell or dispose of the items if not collected by a specific “reasonable” date
See also A Tenant Left Belongings in My Property After Moving Out
And previous threads
https://community.openrent.co.uk/t/tenant-leftover-belongings-at-property/42353/6
However get legal advice
@David122 may be able to say more on the legal position
To be honest, even the demand to leave by 1pm was illegal as the tenancy continues until midnight. Any items deliberately disposed of is a breach of the Torts Act and the tenant can sue for the value of the items.
well they moved out at 6pm so ignored it anyway.
Surely it’s normal and reasonable to try to agree a time by when tenants will leave and handover the keys and not leave LL.waiting till midnight?
Just like it’s normal to agree a time for inventory and move in and hand over of keys at start.
OP has said it was in writing formally not that it was a demand, but I acknowledge it could maybe be represented as harassment or an attempt to illegally evict…
Best
Yes, its normal to agree it or to let the tenant set the timetable, but its not lawful for a landlord to unilaterally set a time unless its midnight.
Did you ask what they want you to do with the items left behind? If there is any record of them saying they do not need them then you are covered. I would have asked them and waited for an answer.