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Original poster

Care abandoned in my garage

21 replies

25sheets · 04/08/2023 07:12

I have a stand alone garage which I have been renting out to a man (for his car) for 3 years. He had a standing order set up and I was paid monthly. I wasn't paid for the last month and I've discovered via Linkedin that he has a new job in South Africa and sounds like he's been there for nearly 2 years.
I've emailed him several times and he's not replying.
Can anyone recommend the next step I need to take? I am supposing he's decided to dump his car in my garage.

OP posts:
Fraaahnces · 04/08/2023 07:25

Report it as abandoned and have it towed.

loislovesstewie · 04/08/2023 07:27

If he's renting from you issue him with a notice, tell him in the email that if he doesn't pay rent and make contact with you then you will consider that he has abandoned the vehicle and have surrendered the tenancy.

prh47bridge · 04/08/2023 08:17

The car is not in the open air, so the authorities will not remove it.

The Torts (Interference with Goods) Act applies. You need to serve written notice on the owner of the car in the form set out in Schedule 1 of this act, requiring him to collect the car. If he does not do so, you can then serve notice that you intend to sell the car. Again, Schedule 1 sets out how to do this. Once you have done that, you can sell the car, but any proceeds go to the owner after deducting the costs of sale and the unpaid rent.

Original poster
25sheets · 04/08/2023 08:33

prh47bridge · 04/08/2023 08:17

The car is not in the open air, so the authorities will not remove it.

The Torts (Interference with Goods) Act applies. You need to serve written notice on the owner of the car in the form set out in Schedule 1 of this act, requiring him to collect the car. If he does not do so, you can then serve notice that you intend to sell the car. Again, Schedule 1 sets out how to do this. Once you have done that, you can sell the car, but any proceeds go to the owner after deducting the costs of sale and the unpaid rent.

Oh my goodness, I've just had a quick look at that Interference with Goods Act. It speaks about bailiffs and is very much written in legal jargon. If I was to do it properly I'd have to pay a solicitor I imagine to help me! Is there not another way? I think the car would be good for scrap at least as but it was an expensive fairly new car (7 years old by now I imagine)

OP posts:
LuckOfTheDrawer · 04/08/2023 09:06

I think it might be good for a bit more than scrap then. I think this will be a bit of a mess to sort out - do you have a written agreement?

Hoppinggreen · 04/08/2023 09:09

If you can find a way to move it onto the road then you can report it as abandoned. The Council may eventually do something about it

Original poster
25sheets · 04/08/2023 09:13

LuckOfTheDrawer · 04/08/2023 09:06

I think it might be good for a bit more than scrap then. I think this will be a bit of a mess to sort out - do you have a written agreement?

We have a signed contract.

OP posts:
DanceWithTheBigBoysAgain · 04/08/2023 09:15

What does the contract say about this situation? (Expecting the answer "nothing" but you should definitely get it out and take a look)

TowerHouse · 04/08/2023 09:17

Put the reg into we buy any car to get a value (that will help you to decide if it is worth hime trying to sort it out)

Dropchain · 04/08/2023 09:17

Would you be able to deduct solicitor fees for sending the right letters from eventual sale price?

prh47bridge · 04/08/2023 09:18

It isn't as complicated as it looks. You are the bailee, the owner of the car is the bailor, and his tenancy of your garage is the contract of bailment. So, looking at schedule 1, you need to give him notice that must:

  • Specify your name and address
  • Give "sufficient particulars of the goods", i.e. it is his car
  • State the address where the car is held if it is different from your address
  • State that you are terminating the tenancy due to his non-payment and that the car is ready for him to collect
  • Specify how much he owes you
If you are sending the notice by post and send it registered post or recorded delivery, you can combine this with the notice that you intend to sell the car. In that case you also need to specify the date after which you intend to sell it.

Since the individual is on LinkedIn, I would try contacting him via LinkedIn before doing anything else.

If you do end up selling the car, you need to use the best method of sale reasonably available in the circumstances.

TowerHouse · 04/08/2023 09:18

You cant sell a car without the V5 (and I assume the keys) for anything other than scrap

Original poster
25sheets · 04/08/2023 09:24

@prh47bridge I don't have his physical address. We only communicated by email after he left the UK.

Rather upset if this is going to cause me inconvenience and my own time (time means money)

OP posts:
andymary · 04/08/2023 09:33

It seems a bit harsh that after only one missed payment, everyone's already egging you on to get it sold/destroyed/towed, even though you have a signed contract in place and he's been paying fine for 3 years straight.

Maybe they don't have regular access to the internet to reply to you swiftly and just need a little time?
Can you not look on social media for any friends or family, explain the situation and ask for a new contact method for him?
Surely it's worth 30 minutes of your time investigating, if it's a simple case of the direct debit needs redoing his end.

VegetablesFightingToReclaimTheAubergieneEmoji · 04/08/2023 09:38

I think some banks have clamped down on people living abroad with U.K. accounts. So perhaps it’s closed and he’s not aware.
i would blanket message linked in, Facebook etc before serving notice after the second or third missed payment.

at least you proved you tried.

prh47bridge · 04/08/2023 09:43

25sheets · 04/08/2023 09:24

@prh47bridge I don't have his physical address. We only communicated by email after he left the UK.

Rather upset if this is going to cause me inconvenience and my own time (time means money)

I would try contacting him via LinkedIn and see if that gets you anywhere. I would also try and guess his email address at his new employer - most use firstname.lastname@companydomain. It may be that he will sort this out. However, if you can't re-establish contact, I'm afraid this isn't going to be easy.

TheFlis12345 · 04/08/2023 09:47

A 7 year old car will be worth quite a bit of money given the current second hand car market. I would try all means you can to contract him and find out his intentions for it. Maybe offer to sell it on his behalf for a cut to make it worth your while? That would be win win.

ArseInTheCoOpWindow · 04/08/2023 10:16

I’ll have itGrin

vallee · 04/08/2023 10:18

Can’t sell it without the keys, surely?!

ProfessorSlocombe · 04/08/2023 10:23

TowerHouse · 04/08/2023 09:18

You cant sell a car without the V5 (and I assume the keys) for anything other than scrap

V5 could not have less to do with ownership if it had "This is not proof of ownership" printed on it. Which it does.

For the OP it's entirely possible to sell the car sans a V5, certainly any halfway decent trader will know the process to obtain a new one.

Once the process is in train, the OP can contact the manufactures as legal custodian of the vehicle to get the necessary keys, codes and kit to sell the car. However it could be pricey if it starts needing new control units etc.

endofthelinefinally · 04/08/2023 10:28

It has been one month.
I hope nothing has happened to him.
I am not sure how linkedin works, but is there any way of messaging him other than his email?
Can you write to him at his company if the details are on his page?

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