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UKSolicitorJA
UKSolicitorJA, Solicitor
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A tenant has left owing six months rent. He has left a car

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A tenant has left owing six months rent. He has left a car on my property. Can I seize/ restrain these goods and dispose of them after what period. Do I have to put an advert in local press to give notice of my intentions?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

The Torts (Interference with Goods) Act 1977 permits you dispose off the car if you made reasonable efforts to trace the tenant without any luck.

Under the Act, if you manage to trace the tenant, you must serve notice stating your intention to dispose of the car, how to arrange collection, and that disposal of the car will not begin until the notice has expired.

You do not need to place an advert in the local press but the following process should be followed:
  • you should make every effort to trace the tenant/s to their new address or contact them through any forwarding address you may have;
  • as you are owed rent, you must keep the car for 3 months before disposing it off.
  • you should write to the tenant by registered post or recorded delivery with a legal notice stating that it is under the above Act. This will notify them that the goods are available for collection and that they will be kept for up to three months.
  • Make sure your notice clearly identifies you as the landlord and gives your full contact details
  • If the tenant does not collect the car within the 3 months period, youare free to sell it.
  • Once you have covered your expenses in this process and any rent arrears etc, any proceeds left over will belong to the tenant, they have 6 years to claim this excess money.

Hope this helps

 

UKSolicitorJA, Solicitor
Category: Law
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Experience: English solicitor with over 12 years experience
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