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Surrender of tenancy - what to do with possessions?

Started by deeCCKENT, May 02, 2019, 09:47:14 PM

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deeCCKENT

My tenant has signed a surrender of tenancy, but his possessions are still in the property. To make it more interesting the tenant is currently in prison. I wrote to him asking what he wants me to do with his stuff, but he only sent back the surrender of tenancy. Should I write to him again? The property is currently in the process of being sold

Mortimer

Yes, you need to write to him again.  Your letter should say:-

1) You're storing his stuff. 
2) You're in the process of selling the house, and you will need to clear the house in order to offer vacant possession to the new purchaser.
3) Therefore he should reply to your letter within 21 days setting out who will collect his stuff, and how.
4) If he doesn't reply to your letter within 21 days, you will have to consider either putting it into storage at his expense, or else selling it off.  Explain that if you sell it, you will give him the money you get.

Do not actually sell his stuff or put it into storage, just write to him telling him that these are alternatives that are on the table.

Wait 28 (not 21) days.  If he doesn't reply in that time, then write to him again enclosing a copy of your previous letter and giving him a further 21 days to respond.

This should work but if it doesn't, or if his reply is vague or difficult in some way then you might need to post here again...

deeCCKENT

Thank you! That's really helped me. I really appreciate your reply. Thanks

theangrylandlord

See here: Many answers are already on this site:

https://www.propertyinvestmentproject.co.uk/blog/my-tenant-left-belongings-in-the-property/

I would say the advice from Mortimer is generally sound, but perhaps you do not need to give such a long time for each notice (49 days is quite long).  For example the How to Rent Guide (which I'm sure you served you Tenant at the outset of the Tenancy?) indicates only 14 days.  If you have the time the longer notices are OK.

You should send an itemised list of property if possible (will make it clear exactly what was at stake).  ALWAYS keep a record of all correspondence and send everything with proof of mailing/delivery.

You are actually entitled to sell the property (if anyone wants it) but you can't keep the money.

I think as your tenant actually bothered to sign the surrender he might be receptive to letting you know what he wants done.