Hi all - I have had a nightmare tenant who hasnt paid any rent since last Nov, finally got the Bailiff there on 12th June, and she has left! … But she left this 2 bedroom terrace absolutely full and rammed with her stuff - and there is loads of mouldy food left everywhere on floor and stairs, all trodden in to the carpets that are all ruined !! … We met her a week later at a time to suit her to take this stuff … and she did get a van there to take some things, but refused to get the van back to get the rest. We waited outside in the hot weather in our car for 4 hours … and in the end she was not even bringing anything out of the house … just having a sort out ! … We went and said can you get a van back and get all this stuff removed ? She refused and drove off with her mum! … Since then there is still a house full of stuff, although a lot of this seems bags of rubbish ! … It has now been nearly 3 weeks since the bailiff called … and i have offered to let her come this week either monday, tuesday or wednesday, or thursday or friday !! I have even offered to bring everythng outside so she can just put it in the van … She cant make any of those days! … She has now requested 7th or 11th July by which time i am away !! … She has then said that she could come this saturday but she wont be there long … so i have said that i would struggle on saturday as i have to take my children places … but i have said if i did cxl my plans … will you be there for several hours on saturday and have a large van to be able to take everythng … otherwise this will mean you just take a couple of items and leave again ! … HONESTLY … I AM AT MY WITS END ! … When the bailiff called he told her to remove her stuff within 7 days … but AI tells me that it is a grey area and i should not dispose of this stuff. This house is now a health hazzard with strange insects and flies and bad smells … it is dusgusting and needs a big clean up and new carpets … and i am struggling to pay the mortgage and bills ! … Can anyone give advice on this situation as i am now desperate to get rid of this stuff. This is costing me a fortune. Just tried to attach photos as there is just stuff everywhere in every room. Thank you so much Jane
Ok, So whats in the rental contract that describes anything about removing chatels within a time limit and what to do with them.
It should be laid down in writing.
Best
Oh dear, Oh dear . Nice photos, butiful house.!! NOT.
Bailiff was right. You need to put in writing that she has a finite time limit to clear house of all chaettels. Eg 7days max as a reasonable time frame.
After that , you are allowed in law to remove (and pay to remove into secure storage) but not destroy. This is to allow the miscraent tenant to collect said chattels as it is legally their property.
After a another finite time you can dispose / destroy rubbish (again in writing to tenant) Eg 14 days
Others will clarify.
House clearance services come across this all the time. 4 x guys and a 2 x Luton van loads to the tip.?
C’mon Legal Eagles your input?
Thank you so much for your reply. I feel so alone with this nightmare. The tenant is not even answering messages at all now. … So you are advising me to move the stuff to storage, this would mean me paying for storage then, which is another cost on top. It is so hard isnt it. … I feel as though i need to go there and really sort out what is rubbish and throw in the bin … and anything that is belongings … take to my garage maybe ? … But it all needs bagging up as it is strewn everywhere Nightmare !!
The house is a total health hazzard with terrible smells mouldy food and insects everywhere. Its hard to find any definite time allowed for the tenant ! I have already met her and waited for 4 hours for her to take everything ! But that was not enough It is hopeless tbh
Please tell us all what is in the written AST , word for word?
Its unlikely this tenant cares a fig for her stuff, however that is not relevant here. It all belongs to her.
You cannot play fast and loose with her ‘chattels’ there is a legal process involving notifying her of yr intentions unless contacted by her with redress.
If it was me, I would give 36/ 48 hours notice ( displayed on the front door ) to remove from site all material, chattels, rubbish, carpets, at the 36 hour point, you or other contractor shift everything to a secure, dry storage, eg yr garage. Keep for another 36 -48 hrs , then ditch all in a skip.
there may be minimum durations to these times in law. 7 - 14 -21 days.
Was tenant a LHA benefit claimant - if so call in council environmental health to inspect and advise and record.
Sorry to hear your problems.
There’s good advice on this here from nrla
give a reasonable period and say if not removed it’ll all be disposed of
-keep records.of cost of disposal and claim back from deposit or charge them if they won’t pay you can pursue through small claims court if you think a reasonable chance of recovering. And /or from guarantor if any.
Personally as you have already given plenty of opportunity to allow tenant to remove belongings, one more week is entirely reasonable. Arrange for disposal in 10 days time and tell tenant that is what you have done. Provided you provide reasonable opportunities to access in the next 7 days that’s it. Don’t let her drag it our later.
Good luck
HI there … thank you so much - I have looked at the AST … this is from Open Rent platform … it just says at the end of the term, the tenant must remove all items / furniture and goods … and they can be liable for the landlords costs if things are left behind.
See attached copy of this … but it does not give any timescale of how long the landlord has to give to collect things ! … you would expect this to be stated on an AST
Thanks so much … there does not seem to be any legal definite time frame that i need to give, for her to collect everything else from the house.
Considering it has already been 18 days now … i think that your suggestion of giving 24 - 36 hours is very fair. This would then take us to 21 days. Meaning yet another month without any rent
The tenant does work at the hospital … which is a bit concerning with the amount of mouldy food everywhere and strange insects. She is not on benefits as far as i am aware.
I wonder if Environmental health could advice re how much notice ?
Thanks again
Also she no longer has a key to the property … so if i did put a notice on the front door to remove stuff … she would need to contact me to gain access
@Jane27 I think so long as you have been reasonable and can show that’s been the case you’ll be fine.
If a LL was away didn’t want to let a former tenant back in unsupervised and didn’t offer to allow them in except on a single day in the month after eviction that would be wholly different from your case where they have had access and chosen to drive off, and you are offering them further access.
Given it is now becoming an environmental hazard and so a risk to neighbours a short period is entirely reasonable
Good luck
She works is a Hospital - Blimey?
Record and Claim all costs via deposit and small claims court. She has employment. Debt Attachment to earnings as redress for all your efforts / loss of rent over 8 months.
There will probably be some damage for breakages so this another recoverable cost if fully documented via the check-in inventory.
You have been more than reasonable timescale wise to this point.. Get the place clear, cleaned and re-let. remember that 99% of tenants are reasonable people.
Come back to this forum if and when there is closure to this problem. NRLA have good advice lines for help. You have gained a lot of experience already via this eviction process, more than most.
Best of luck with everything.
Thank you again … yes a hospital worker at a mental health hospital! It is very worrying tbh
So to get debt attachment to earnings … this would be the next step after obtaining a court order then … and another further cost i presume
Thanks
If you think you have a chance of recouping your losses? Yr Ex-Tenant is working so will have earnings. I am not familair with small claims process myself but it would be reasonable that SC court would certainly side with you and you can put a claim in online - you have to know where she lives now to serve court papers.
the amount hospital staff get paid you’ll likely never see a penny - she may be on minimum wage or a volunteer anyway. may not be worth pursuing through the courts -depends what sort of income you have evidence of her earning, was that at same place?. what excuse was given for not paying? A court may end up giving them the chance to repay over a very long time or may be conned by sob stories and claims that you didn’t do repairs. Could be more good £ thrown after bad unless you are certain she can pay.
good luck