No matter how long you be a LL there is always something new. I have a tenant who is almost certainly going to be banged up for a few years later this month.
I am not sure how i stand with benefits claims and UC payments, how i stand with council tax, the belongings (mostly old tat) and family are estranged due to the severity of the case.
I know i am meant to keep the stuff for 3 months - which wont happen unless its valuable, suspect council will pursue me for ctax from the day its been vacated and suspect UC will stop even the retroactive payment on day he is put away.
However i am reaching out to anyone who has any experience in this area. The person is not violent, is in arrears and is making no plans for the move. The deposit wont cover the arrears
Going to prison doesnt end her tenancy. You need to get her to serve you a notice to quit, sign a deed of surrender or go through the normal eviction process. I would suggest you make an arrangement with her about her possessions.
thankyou david, much appreciated advice i had no idea the tenancy did not end. i guess i will need to get a prison visit in!
Hi Sidney1. I had this issue also at the start of the year also. Getting your tenant to sign a deed of surrender on the tenancy will certainly be the quickest way forward, if she is being reasonable and will sign it.
A visit to the prison will be no good, as you will not be able to take anything in to the visiting area with you (ie documents to sign). What I did was printed the form off, filled it all in (except for the signature area) and post 2 copies of it, along with a stamped addressed envelope to enable a copy to be returned to you.
You may find phoning the prison visitors hotline helpful in that they should have an ‘emergency’ team who can help you out with processes etc.
I also signed up for the gov.uk ‘email a prisoner’ service to enable me to message my tenant directly via e-mail, although he has not been very responsive (1 reply out of 5 messages). I have finally got the house cleared by some of his friends, but the garage is still absolutely rammed with items.
Is that correct that items can be disposed of after 3 months?
Thanks.
Tenants possessions left at the property are subject to the Torts Interference with Goods Act. You have to follow whatever is in your tenancy agreement about disposal or a reasonable period if nothing is written. However, you have to show that you have made every effort to get the tenant to take them back to protect you from prosecution and that will be different for a tenant in prison. Best to consult a solicitor.
thankyou scott for this valuable information. ref the three months keeping goods david is the resident legal owl. i would keep anything of value and just make sure you photograph the stuff and say it will be dumped unless he makes arrgt for it to be collected or you can take it to his family or friends. 3 months i think is what is considered a reasonable period. you may want to keep on the right side of this person