How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask RJM Law Your Own Question
RJM Law
RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 3755
Experience:  LL.B (Hons)
106205234
Type Your Property Law Question Here...
RJM Law is online now

I just need some advice on a tenant that has eventually

Customer Question

Hi
JA: Hi. How can I help?
Customer: I just need some advice on a tenant that has eventually vacated my property but has not handed in all of the keys, not cleaned up as he should have & allowed us to inspect the property before his termination date, no forwarding address & has left his his car on my land, since last Tuesday.. what can I & cannot legally do.. we did manage to give him a typed up requirement of what was expected of him & also he never had a contract in place because he refused to accept one..
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Frenchwood knoll PRESTON
JA: Has anything been filed or reported?
Customer: Meaning?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No not really m bur if & wen u connect me will I be charged for the connection & sevices?
Submitted: 4 days ago.
Category: Property Law
Customer: replied 4 days ago.
Hi
I’m just waiting to get my reply…
Customer: replied 4 days ago.
How long does it usually take for me to get some info back?
Expert:  RJM Law replied 4 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 4 days ago.
Thank you
I will wait for your guidance & advice
Expert:  RJM Law replied 4 days ago.

Thank you for the question. If they have clearly vacated the priority you can change the locks, in terms of their things you. cannot just discard them you have to store then and provide reasonable notice before you get rid of them.  As you  have no address then I would suggest 28 days then discard them.  You are not allowed to sell them to profit from them.  In terms of money, you can legally keep the deposit.  Unfortunately, if you cannot find them it would be tough to obtain the money back however if you can, you can raise a small claims action for the remainder of what is owed plus any costs you incurred as a result of their breach of contract.  Prior to intimating small claim proceedings, you will require to send a letter to the respondent.  It is a simple letter stating that if they do remedy the matter as you have outlined (in the same letter), you will take legal action against them.  This is referred to as a. pre-action protocol letter.  You can complete the forms for a claims action easily online.  You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory.   If you feel you can do this yourself then you don’t really need to hire a solicitor, but I will provide details for you in case you feel you want to.  You will then receive a response to the claim and a court date.  On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge, and they will response.  The judge will assess the merits of the claim and defence and make a judgement this may be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.  In terms of evidence, ensure you keep copies of all correspondence, photo’s, social media items etc. you have in connection with the claim.   These can be used to strengthen your case and will be considered in evidence by the court at the hearing.  The strength of your evidence may also help to obtain an ex-judicial settlement.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 4 days ago.
Hi
Thank you for your response… I have to read it all properly but in short I think what you are saying is he has about 28 days to take it off the property… which in effect it’s an ugly red sports car which he took advantage of parking there for an x number of years, & because he refused to sign up a tenancy agreement & give no deposit, although before he eventually vacated the property I did manage to hand him a copy of requirements he had to adher to before he left, & in that I did clearly specify the garden space & all toys, rubbish & cars will need to be cleared when moving out.. also a inspection was supposed to be carried out throughout the house so we could check what was working, need replacing, damaged etc etc although he has already left without doing any of that & left the key on a pillar outside of the house & claimed the cleaner left it there so we shld go & collect it & inspect the property & he will meet us up at the house in weekend to go over everything,which actually ofcourse never happened…& that was after he vacated the property on Tuesday…
Expert:  RJM Law replied 3 days ago.

Even if there is no written agreement, there is still an implied contract, and you have to service the correct notice.