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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience:  Over 5 years in practice
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Hi therePlease could you help me, I own 3 1/2 acres of

Customer Question

Hi there Please could you help me, I own 3 1/2 acres of land with 3 stables and charge the tenants £50.00 a week rent. They are in arrears with rent to around £1800.00 for which I am taking them to the small claims court. I also issued them with two months notice to vacate the stables and fields, this expired on the 13th April 2014. I went down to the stables on the 14th April and although the 2 horses had been moved they had left a horsebox and horse gear at the stables. I rang them and after much abuse they agreed to have all the equipment off site and post the keys through my post box by the following Sunday 20th April. On the Monday 21st April finding that they had not posted the keys through my post box, I again went down to the field, I found that they had taken the horsebox but there was still other equipment left there, and no keys had been left there. I rang them on Tuesday, and a lady answered the phone saying she was the tenants mother and that they had gone away on holiday and she could not help me as she was old. I then followed this telephone call with an e-mail to the tenants saying as follows Linda and Kerry Following my telephone conversation with Steve and Linda where we agreed that all the items of yours that you wanted would be removed from the stable by Sunday 20th April. When I went down to the stables on Monday the 21st April I saw that the horse box had been removed although there are other items I believe belong to you, that are still on site. By leaving them on site are you saying that you no longer require these items and that I can arrange for the disposal of the said items. You also agreed to return the keys on Sunday 20th April, I have checked my mailbox and no keys have been delivered there, I have also checked down the stables, and there are no keys either there. Could I please collect the keys from either of you or could you please arrange for the delivery of the keys immediately to my home address. Could you please reply within the next 48 hours as I wish to make arrangements to clear the stables Faye and Gary Could I remove the items from the stables (dispose) although they have not returned the key. I need to begin the clear up process as the stables have not been mucked out and everywhere is in a bit of a state. Thank you in anticipation of any help you can provide Kind regards [email protected] XXXX

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are these items junk or are they going to allege that they are worth a lot of money?

Have you taken photographs of the items and given a full inventory?
Customer: replied 3 years ago.


From what we can see there is only a few wheel barrows but they have changed the lock on the garage and fitted their own padlock so we cannot see what is in the there. We have not taken photo's of what we can see but I can do that tomorrow

Expert:  Jo C. replied 3 years ago.
Thanks

Make sure that you have photographs of all the items and you have a full list of all the items.

If you don't do that, they may allege that all sorts of things were there that were not there and they may allege they are worth lots more than junk.

You have already given them two months notice which has expired.

You are entitled to change the locks and charge them for the cost of doing so.

With regard to the items that are left, you need to tell them that unless they move them by a particular date, you will dispose of them and charge them for doing so. Give them a full list of everything that is there. However you must not dispose of them for three months in your case as I will explain in a minute.

You are under a duty to look after the tenants goods.

Under the Torts (interference with goods) Act however, you can give notice that if these are not removed within the next 30 days you may sell or otherwise dispose of them either to defray the costs if the cost of disposal is more than their value, charge them for the disposal.

However because you are owed money, you have to keep the goods for three months before you dispose of them. If you were not owed money, you can dispose of them with a a reasonable period. That would not normally be less than one month but in your case, obviously, you will need to hang onto them for three months.

There is no need to tell the tenant that. It is for them to find out. The reason I say tell the tenant you will dispose of them in one month is that they are likely to come back to you in six weeks and say they want their "a valuable goods" back and if you can then produce them, it shoots them down in flames.

Only if you get an email from them or and something else in writing saying that they do not want these goods is it safe to dispose of them before the three-month period is up. You can of course charge them for the storage.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thanks everso for your help Jo, I will remove the lock and do a list of items tomorrow, e-mail this list to them with the 30 option to collect. Your help has been invaluable


 


Kind regards


 


Faye

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 3 years ago.

Hi Jo



1 still following your advice will let you know the outcome

2 Yes I gave you a top rating

3 Yes I left positive feedback for an excellent service

Kind regards



Faye

Expert:  Jo C. replied 3 years ago.


No problem and all the best.

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