1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Legal advice wanted

Discussion in 'Serious' started by iancowell, 6 Jun 2016.

  1. iancowell

    iancowell Minimodder

    Joined:
    21 Jan 2015
    Posts:
    590
    Likes Received:
    6
    Having a problem regarding someone's stuff that is at mine and what I am legally allowed to do in regards of getting it out of the house when they are refusing to collect it.

    Hopefully someone can help.

    If easier pm me and I can give you my number or ring you if you can help

    Thank you so much

    Ian
     
  2. Arboreal

    Arboreal Keeper of the Electric Currants

    Joined:
    21 Jan 2011
    Posts:
    4,153
    Likes Received:
    846
    Not sure whether this is relevant. If your situation is related to goods left by a tenant, there are well established legal principles.

    Something like this document may be of use here.

    That was a decent looking result from a quick search about the subject

    Although I am not a lawyer; I work in commercial property, and we have specific clauses in the leases to deal with this situation.

    As mentioned, you have to assess whether it has been abandoned, and then there is the tension between disposal (and potentially recovering losses in rent etc.) and the Torts (Interference of Goods) parts.

    In theory, you cold be liable for compensating someone for a load of rubbish they have left, if they can prove value and you cannot prove that you have been though the proper processes

    HTH
     
  3. iancowell

    iancowell Minimodder

    Joined:
    21 Jan 2015
    Posts:
    590
    Likes Received:
    6
    Basically I stored someone's stuff when they got made homeless and they have over gone the time I allowed it to stay here and have since had some of my own furniture moved in so there is no longer space for it to be here I have given them the whole weekend to collect it and they said they would collect Friday but have not collected it and had hardly any contact with them since Friday as to when it will be moved. I have today had to move it outside due to not enough room. Does this put me in the wrong or are they liable for of I have to remove it to the tip due to them not collecting it all?
     
  4. Arboreal

    Arboreal Keeper of the Electric Currants

    Joined:
    21 Jan 2011
    Posts:
    4,153
    Likes Received:
    846
    Did you agree any terms other than taking the goods in for 'some time'?
    Is there anything of value?

    If you put it outside, you will need to protect it from the weather (tarp over old blanket etc.), as you may be liable for damage if they choose to come back and it's wet.

    IIRC, we had to keep stuff for 3 months and make at least 2 (proper) attempts to contact the ex tenant in writing.

    We could then get rid of it after that time, having informed them that the goods would be disposed of to cover costs.
    In theory, you can sell stuff and deduct the costs, and the rest is theirs.

    Depends on if this is a friend/someone you want to look after or not. They could make a claim in the courts, but it costs money to do so, so they may not have realistic recourse if you do get rid of it.

    On the other side, it could equally be tricky for you to claim costs of clearing it up, if you get a commercial person in to do it.

    Whatever you do, document it clearly, and make every effort to contact them in a traceable way.

    I have historically ended up with stepladders and vacuum cleaners almost every time when tenants have moved out & dumped stuff!

    Again HTH
     
    Last edited: 6 Jun 2016
  5. VipersGratitude

    VipersGratitude Multimodder

    Joined:
    4 Mar 2008
    Posts:
    3,453
    Likes Received:
    779

Share This Page