The bailiff granted possession of a flat back to us (as landlord) however it was full of tenant’s belongings. We have given her 7 working days to collect her items but as she cancelled the first appointment I have now said she is having one further opportunity to take everything. Am I ok saying this?
Locks have been changed to her flat door, however she can still get into the building through the communal door.
How long, if at all, do I need to store her belongings beyond the 7 days or can I take them to the tip – there doesn’t appear to be anything of any value but we don’t want her to make a claim against us.
Question
Tenant Moves Out (England)
Bailiff has granted possession of a property to us, how long to store tenant’s posessions?
Answer
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1 Comment
When this happens, you become an involuntary bailee (emphasis on the word involuntary).
This means you must take reasonable care of the goods and give reasonable notice to collect them. It makes it easier when you are communicating as you are.
There is no definitive answer as to what is reasonable but the How to Rent guide published by the Government which must be given to all tenants in England from 1 October 2015 suggests 14 days as being a time-scale. This is not definitive though as each case is decided on it’s own merits as to what is reasonable.
There are prescribed forms to serve explaining goods are ready to collect and if not collected, sold or disposed of.
Please see this article for full details. The article contains the forms you need.