Hello my name is ***** ***** I will help you with this.
For now please let me know what is it you want to achieve?
Are there any occupants in the property now?
I would like to achieve full recovery of my expenses. (rental outstanding plus cost of repair to the property)
There are no occupants in the property at the moment. I'm eager to start repairs asap and relet
Ok, so its empty but there is property there, is that right?
that is correct
Is there anything of any value there?
mainly clothes, most of which are unwashed and on the floor. I haven't done a full search until I established my legal position. Only item of limited value is TV and a laptop. I guess the laptop is worth £100 - £200
There is also a hamster!
Indeed. If the property has been abandoned then you can take possession as long as you are sure the tenant wont return
If you are satisfied then you need to take possession of of the goods and keep them in storage
You need to write to the tenant, if you know where he is and say he has 1 month to collect and identify them or you will dispose
The tenant were removed under a section 21. They are now requesting their goods
Alex, have you read my summary?
Ok - it is not unreasonable for the tenant to identify what his goods are.
Yes I have.
1. Only the person that signed the contract is entitled to recover the goods
okay, can you answer my points at the bottom
That is who your contract is with no-one else
Just so I am clear though, you still have squatters or have they gone too?
they have gone
its the squatters who want their pocessions
Ok then you can take full possession.
Unless they identify what is theirs you dont need to release the goods
ok, can I withhold handing over the goods until the tenant has addressed his rental arrears?
2. Yes you can force them to take you to Court
You could then counter claim for the damge\
Well in theory you could hold on to the goods but if it went to Court they would argue the contract is with the tenant and any arrears should be dealt with the tenant and not them, as you do not have a contract with them
3. No. Sadly unless you can prove THEY caused the damage, rather than tenant you cant claim back from the tenants.
4. There are no other routes save for taking them to Court.
ok, so let me summarise to see if I understand
However if they are squatting they are likely to have no assets so you would be throwing good money after bad\\
Can I clarify anything for you about this today please?
1. As my contract is with the tenant, it only the tenant I hand the items over to? I do not have to hand over the goods as there are arrears, forcing the tenant to take me to court to force me to release the items and this opens an opportunity for me to counter sue if I so wish
1. You could certainly argue that
If I adopt this position, does this remove the risk of me being charged for theft?
Yes because you are not intentionally going to deprive the items, which is a key element
excellent and concise service. many thanks
Thank you. Can I clarify anything else for you?
do I have the ability to download our chat to my computer for later reference
Once you rate my answer the format changes so you can print or save it
ok, I'll do that now. Have a nice day
Thank you. If I could ask you to rate my answer, the button should be at the bottom of the screen
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