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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am owner-occupier of downstairs flat in a converted semi-detached

Resolved Question:

I am owner-occupier of downstairs flat in a converted semi-detached house. The upstairs flat is owned by someone else and the current occupiers of the upstairs flat are his tenants. We have a common driveway which accomodates two cars. As I don't have a car I am happy for the upstairs tenants to park their car and the cars of their friends. Some 3 months ago (approximately), one friend of the tenants left his car there and has not returned to collect it.. The upstairs tenants do not know how to contact him and it seems likely he will not return and that the car will remain. The car is in good condition though its tyres are flat and its road tax expired. It is, of course, locked.
The tenants will be leaving in the near future and the owner of the upstairs flat and I have been wondering what our options are for the disposal of the car.
1. Can we claim it as our property and sell it? (if so, what is the process?)
2. Should we call the police to register it as an abandoned car?
Please advise as to the options in our predicament.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Don't they have a mobile number or address for him please?

Customer:

No, apparently not. I get the impression he was a friend of a friend and not especially well known to them..

Alex Watts :

1. Can we claim it as our property and sell it? (if so, what is the process?) - No, its not yours. You can never own it without permission from the owner. One day he may come back for it

Alex Watts :

2. Should we call the police to register it as an abandoned car? - Yes, this is what you should do it is abandoned.

Alex Watts :

Normally what would happen is if property was left, you would notify the owner and ask them to remove it within 28 days or say it will be removed and sold.

Alex Watts :

Then you would remove the car (or sell it) and hold the proceeds, less any costs for when the person came back

Alex Watts :

But the above is the way forward - speak to the Police

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

OK. Once the car is reported as abandoned will the police collect it/take it away? Plus, after a period (how long?) will an unclaimed car become my property under the law?

Alex Watts :

It never becomes your property. The Police should collect it yes or contact the owner.

Alex Watts :

Does that clarify?

Customer:

I think that covers it. Thank you for your advice.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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