Tenant’s property - what to do?

[1frenchfoodie]

After a 10 month court process we’ve finally got our home repossessed from a tenant with 18+ months of arrears. We went with bailiffs and locksmith to find the letting agent keys still worked so it was a 10 minute job to change them. But the tenant had made no steps to pack or move out (fridge was full of in date stuff, his wallet was on the coffee table etc) and the house is full of his furniture and possessions. And our stuff is in storage as we planned to redecorate and move in after returning to the area following relocation for work.

I’m finding advice online conflicting. I understand we need to keep the stuff safe though it can be storage at his cost and give the guy a ‘reasonable time’ to collect (he’s not contacted the letting agent 48h on from the lock change). But is that 14 days (some sites + letting agent), 21 days or more - I’ve even read we need to keep it 3 months if we want to sell what we can to cover storage/removal. And that we need to show we did what we could to get reasonable prices. The last thing I want to do is even touch any of his stuff much less spend time showing it to strangers, all the while fearing him or all the other bailiffs on his case showing up.

It sounds like you need legal advice. Didn't the bailiff know about this? You have my sympathy though....my next door neighbours have just been evicted after 2 years....the house is full of dirty crap and the landlord comes every weekend to clear. It's taking him ages.

Post the question on the Landlordzone forum. Someone there will have experience of this.

Thanks@FortunesFave I have asked my solicitors but given they served papers to the wrong court, missed an error on the original possession order that made it unusable and got themselves accidentally removed as my counsel when trying to rectify a different issue I dont have a lot of faith in them. They also need endless chasing for everything.

The bailiffs were nonplussed that everyting (tv, electronics etc) was left. At that point they and I assumed he’d be straight on to the letting agent to get his stuff back so I didn’t ask about holding timescales, disposal etc.

I work for a ll.
His procedure is a notice on front and back window with date and 14 days to contact him (with phone numbers) from said date to arrange the removal of goods or they will be disposed of..
He is a very to the letter ll.
It's usually me who bags up the stuff...
Then cleans up the devastation left behind...

This website provides some information that might be helpful www.propertyinvestmentproject.co.uk/blog/my-tenant-left-belongings-in-the-property/
If you have any form of legal cover on your insurance it's worth asking them to advise.

Ex-tenant surfaced after 8 days. Was to do a clear out this weekend, ‘as quick as possible so as not to incovenience us’ - bit rich after 12 months+ of no rent and leaving the place imposible for us to reoccupy without storage costs.. But couldnt get a van and I said we werent driving 3h to enable him to pick up an armful of stuff from a full 3bed house. So hopefully back on for tuesday..

Good luck OP. What a nightmare. I had very similar recently, at least my non paying tenant agreed that he didn't want any of the stuff (mainly rubbish) he left behind.

Is there any way of you being able to recoup the lost rent? It's utterly outrageous that this sort of stuff is allowed to happen.

@smallgoon Not sure of the OP's situation, but I luckily had legal cover on my buildings insurance so I at least didn't have to pay legal costs and I had access to a good solicitor. Their advice is that it's unlikely I will recover any lost rent or the costs of damage. On top of rent arrears, I had a wrecked kitchen, a large hole drilled through the wall, laminate and solid wood floors destroyed, the cost of getting rid of tenants stuff (a skip full!).

All I got back was the deposit from the deposit scheme which was just less than a months rent. I believe the deposit has to be capped at 5 weeks rent these days.

Not very likely @smallgoon - there was a CCJ money order attached to the possession process but it relies on ex-tenant’s ability to pay (and being able to keep tracks on where to pursue him). Around 1/3 of the rent and all the legal costs were covered by insurance. It is pretty galling to be sleeping on camp beds with relatives while the house sits unoccupied but stuffed with possessions we can’t dispose of yet. At least (pending surprises under the piles of stuff) the house seems in ok condition unlike the nightmare suffered by @rejectedcarrit

Who'd be a landlord, eh?

We moved for an unmissable work opportunity (DH had to give up work to follow me) but can give up the landlording now we are back. I think much of the time it works out for both parties (Like most I’ve been a tenant/lodger much longer than a landlord). It is just when either party take the mickey it can get painful.

What a nightmare for you.
I would phone Shelter and ask their advice. They were very helpful when I had a similar issue with a tenant years ago and told me exactly what to do to start the formal eviction process. Luckily for me, they did a flit so I didn't have the problems you've got.