Someone else's stuff

[user1486133359]

I have stuff in my house that belongs to someone else. (Use to live here but hasn't for over a year) I have been trying to get them to collect it (and I've tried to return it) since August but they haven't.
Am I within my rights to dispose of it ?.
It's in the way and I need the space.

I think I would write them a message saying that unless the things were collected within a period of time like two weeks then they would be disposed of. If you're unsure about their reaction you could send that by registered post, the one where they have to sign to receive it.

That should be classed as a fixture and fitting. I have mantelpieces in my house and I don't think I would be able to sell the house and just rip them out and sell them separately.

If it was attached to the house, it should have been left unless you and the seller agreed otherwise. However, if it was not attached the seller was free to take it with them.

I bought a house recently and in the marketing pictures there was a nice fireplace with a beautiful insert. It wasn’t a topic or listed in the fixture and fittings and I had no idea it could be removed but it has been. It was a feature in the room. The surround is still there but the insert has been removed. Any ideas on my legal standing

In this case, the owner of the goods used to live in the house. If they were a lodger, tenant or ex-partner, OP clearly consented to the goods being in the house at the time. Whether OP consented to them remaining when the owner left is irrelevant, as is the fact she clearly does not consent now. She is the bailee and is bound by the Torts (Interference with Goods) Act.

I'd just drop a note to said person and give them a deadline for collection or else it will be disposed of

For bailment to apply, wouldn't you need to agree to look after the stuff?

Thank you all for your advice. Much appreciated

If the circumstances are difficult and you genuinely can’t just put the stuff in an attic/shed or somewhere out of the way, then you will need to do as @prh47bridge has laid out. Otherwise this angry child could well come after you in the future.

I’m assuming that you are stepparent and the bereavement was of said child’s parent? If the child is your own child however, and you might want any form of relationship with them in the future when the grief has diminished somewhat, on a human level, I would definitely find a way of storing the items for them. It’s also worth factoring in the age of the child to any decision making.

It's my house and its a childs stuff. Didnt agree to keep it, just left here when child moved out. All bagged up for collection. Please don't judge, very difficult circumstances. I don't have room for it and just want it collected.

No, you cannot just dispose of their goods. You need to follow the procedure set out in Schedule 1 of the Torts (Interference with Goods) Act 1977. To help you with the legalese, you are the bailee and the owner of the goods is the bailor. You need to give them notice that they must collect their goods by a certain date and that, if they are not collected, you will sell them. You need to give the details set out in the Schedule. If they do not collect the goods by the date specified, you can then sell them using the best method of sale available in the circumstances. You are then liable to the owner of the goods for the amount raised by selling the goods less any costs you have incurred selling them.

None of that’s relevant to whether you can dispose of their stuff.

The relationship between you and their rights in the property are the kinds of things which will make a difference here. If the person jointly owns the property for example or is still on the tenancy (even if they aren’t paying rent or mortgage) you won’t be able to do anything. Likewise if these are items belonging to your husband pre-divorce.

Bailment is complicated so be careful about accepting advice on the internet to the effect you can just bin someone else’s stuff!

Is it your house or you're the tenant? Was it a housemate or partner?

There's a legal concept of bailment where you undertake to look after property for someone else. If you didn't tell the owner you'd look after it and you've done your best to contact them, and they have no right to leave stuff there, I'd say bin it.

You said it's of low value, what are they going to do - sue you for the value of some rubbish they left behind? Take some pics of it before binning just in case.

Its complicated. Someone moved out following a bereavement, has absolutely nothing to do with me for a year but leaves stuff they clearly don't care about in my home. None of it is of any value.

Who are they and what are the circumstances? That matters; legally speaking.