Thanks for your message. I agree completely with you. It is a disgrace isnt it. No wonder our health service is in such a terrible state.
Of course i am presuming that she has stolen these things. I dont have any proof. But it does seem this way ? It is hard to make accusations with out proof. Although there is remotes to TVs that have stickers on there, saying which room they are from. See photo of this and of the large stand on wheels
You do not need to prove anything .You are taking back to the hospital, in a box, items that a NHS worker left behind. ( do I see her name on that box)
Yes i see your point Colin. Although this over the bed trolley / tray thing - is huge ! So to get this there is quite a job tbh. I mean do the hospital ever give these things to staff ? If they are getting new items. I wouldnt hae thought so ?
Some people grab these and all sorts of things out of skips during refurbishment.as they are clearly being throw away for disposal - not giving the tenant an excuse but it is plausible behaviour and akin to hoarding for the sake of it. Pop into hospital admin and take remotes back and mention many more items that potentially came from their wards too big to return for yr car. Ask manager to collect and they may find many more items that they recognise. Envelopes, packing paper, office / ward equipment, who knows.
Take photographs, list items and hold items until you speak with the authoritative person at the hospital to obtain signatures, not simply hand over. Great for a claim. Once done I think you will find any claims company she uses will back down.
Going back 20 years the police were upgrading their portable generators I happened to be working on a job for one of them. They were going to be thrown out, He got me one for free. So larger stuff is thrown out . I would stick with all the small gear that can go in a box and take with you a picture of the big frame
In our Trust there isn’t a process for staff getting stuff that is being thrown out, it is explicitly forbidden on h&s grounds as the trust are then liable if injury results. I would very much assume she has pocketed them. As someone above said, write to the dept General manager/ ward manager with a list if items found (in a flat rented by their staff member xx) and ask if they would like them returned and a statement re their location. I would bite your hand off for evidence like that for some of my nightmare staff members!
The clauses you have in your contract are not enough to protect you
Her belongings are protected by Torts the Interference with Goods Act 1977.
I wrote a post on here last year about what to do
What clause tells you in her contract ref her chattel specfically
Contact a tracing agent and identify her location. Do not contact her at work . It will not stand up in a court of law unless your contract gave you permission to do so. It may be considered harassment.
Does she have a guarantor or next of kin. Contact those…
salesatnationwidetracingdotcodotuk
Send her a recorded delivery letter and give her 28 days to collect her belongings. If she does not you can dispose of it. You need to demonstrate that you made all reasonable efforts to contact her. If you want to sell her belongings you need to store for 3 months.
If you dispose of stuff you need to inventorise it ( independantly)
If you are disposing of her belongings you need to photograph what you disposed of.
Watch David Smith’s abandonment and possession videos to get a better idea.
It is not unreasonable to dispose of perishables but don’t throw away stuff that you may consider rubbish but she may later claim to be sentimental because it will cost you in court.
Last year I went through the same I packed it all up and I still have it in storage just in case as I have to take his guarantor to court for rent arrears. It’s a play on her part to stop you taking her to court for arrears. She will counter claim
You are not allowed to dispose of anything unless your contract permits it.
If you are disposing of perishables you need to photograph what you disposed of so you can demonstrate to the court it was perishable and a health and safety issue
If the chattel clause is zero days it will not stand up in court
So then if @Jane27 decides not to pursue ex tenant for arrears and damage costs the risk is less isnt it. Tenant has already had an opportunity to remove all possessions and chose to drove off. If there had been anything valuable or of sentimental value tenant could reasonably have been expected to remove when given the opportunity previously.
If @Jane27 provides a reasonable further period to collect belongings that should be enough shouldnt it?
28 days is the max ive seen suggested anywhere but that doesn’t allow that tenant has already had an opportunity to remove belongings.
Maybe @Jane27 needs advice from an eviction specialist on what time period to provide/what the courts will consider reasonable. A further 28 days seems excessive to me.
The tenant’s belongings are protected under civil law ( Torts Interference with Goods Act 1977).
I suggest the tenant reads the law and takes advice. No legal professional is going to tell you anything against the referenced legislation.
It is not your opinion that matters in court @David 240. It is whether the landlord actually followed due process and she has not. This is a legal minefield which could cost the LL a lot of money in damages if it goes wrong. Judges will favour the tenant in this process so you need to tread very carefully.
What has been done so far is grey it is not the law and it is not clear from the contract what the clause regarding chattel states. It is also not clear if the tenant intends to come back and collect stuff ( it sounds like she does ).
What happens if the tenant said she has mental health issues ( mine did ) what will you tell the judge then.
There is clear case precedent on this and winging it may not be enough if the tenant is in a play.
With respect @David 240, it is clear you are not writing from experience or a legal perspective and quoting links of the internet is not enough. This LL is asking for peoples experience.
If the LL disposes of objects of sentimental value then the T can sue for exponential amounts in damages under Torts (IWGA1977). It could cost her more than the rent she’s lost. There are enough cases out there where people threw stuff away and the LL has been sued successfully.
Its exactly because this forum is just people 's opinions that ive suggested
Ie that @Jane27 seeks expert advice on whether the courts will insist on 28 days or whether something shorter is reasonable.
Ps nrla say ‘typically 14 days’. I am not clear why you think your view of 28 days is better than their view of typically 14 days but @Jane27 should seek legal advice for her specific circumstances. It doesn’t seem unreasonable to me that nrla will know what they are talking about on this at least as much as you as they will have seen many LLs face this situation and have provided guidance as a result. A link to their advice isnt valueless just because its a link not my personal experience.
"##### Notify the tenant
Attempt to contact your tenant. Use all available contact methods—phone, email, and a letter to their new address if known. Clearly state that they have left belongings and provide a reasonable deadline for collection, typically this is 14 days. The notice should outline your intention to dispose of the items if they are not collected by a specified date. Keep a copy of this notice for your records. "
The law is 28 days . Something shorter, if the contract does not allow for it , will not be enough. Even so , even if in this situation she will be advised to follow the 28 day rule unless the lawyer who wrote the contract will insure her for her losses if he advises against Torts, that is how serious this is .
The NRLA contract stipulates 14 days and if you used their contract they will guarantee you or reimburse losses through insurers ( I rang for clarification when I was going through it) . If you speak to David Smith or other legal experts, even if the contract states 14 days, you will be advised to follow due procedure. You need to speak to the person that wrote the contract and obtain clarification.
Hence why quoting legal websites is not enough and you have taken it out of context
This is one area of legislation that you need to follow the rules and not wing it
@Jane27 asked at the top as she couldnt find anything definitive saying what the period is.
Can you provide something where the 28 days rule is written down in law ?
As there’s nothing in the contract @Jane27 has used about the notice period then if 28 days is what has been established in case law as a default minimum and that was the advice you received from legal experts, that will def help her
The page i read doesnt mention only using their contract to be able to use the 14 days . Hmmm something to bear in mind when reading nrla advice
And ..thank you for sharing the source of 28 days and explaining what the nrla 14 days is based on - that will help @Jane27 a lot as knowing the length of notice needed is exactly what she asked at the top, and not obvious to others why nrla cite 14 - seems rather misleading on their part…