A landlord, who rented out a garden flat in Earlsfield, south-west London, remains locked in a battle with his ex-tenant despite the fact the two-year tenancy was brought to end with an eviction on 23 October.
Paul Sinclair claims the tenant has left behind all of her belongings and a trail of squalor that will cost more than £8,000 to put right.
Sinclair starting renting the property to the tenant just over a year ago. References suggested she was in full time employment but it later transpired she wasn’t and was, in fact, claiming housing benefit.
Sinclair says that from the outset, the tenant never paid the £1,100 per month rent in full, and instead chose to send nominal amounts as and when. He allowed the tenancy to continue knowing the tenant had two children, until such time as payments became so infrequent he was no longer able to meet his own mortgage payments on the property.
He employed the services of eviction specialists Landlord Action and a successful possession order was granted on 9 August 2013, meaning the tenant had to vacate by the 23 August. She refused to leave and instead filed a defence to delay the process, saying she had not received the notice.
After a hearing on the 16 September, an eviction date was finally set for 23 October. Since then, the tenant has absconded leaving behind a property full of belongings and filth. Sewage has built up in the living areas, there is mould in every corner of the kitchen and its appliances, with rubbish, which has collected over months, attracting vermin and leaking toxic gases.
Now, despite reclaiming possession, Sinclair can’t move forward with the property as it remains packed with hoards of the tenant’s belongings.
Paul Shamplina, founder of Landlord Action, has issued the following advice: “Landlords who find left items at their property, whether by accident or deliberate, must follow a procedure in order to dispose of them to avoid repercussions. In this instance, we have advised Mr Sinclair that he is within his rights to dispose of any rubbish and perishable items immediately. He then needs to give the tenant written notice that the rest of her belongings must be collected by a certain date, otherwise they will be disposed of.”
However whilst items of value must be held for 14 days, personal documents such as financial information, personal photos or identity documents must be kept safe for up to 90 days.
“This is a very time consuming and frustrating situation for any landlord,” says Shamplina. “When you finally get possession of your property, you want to take control straight away and sadly that is not always the case.”
Landlord Action advise all landlords to ensure there is a clear communication trail indicating you have done all you can to ask the tenant to remove the items, then have a third party inventory company carry out a full check-out report so that the items are documented. Finally, dispose of the items accordingly. If the tenant does choose to come to the property and remove the items, ensure there is an agent present as a witness.
Sinclair said: “The financial and emotional burden this dealt me with is unimaginable. The extent of the mess is something I thought was just fabricated in media stories but sadly, this is reality. Reclaiming possession of my property is only half of the story as I am now faced with further threats from the tenant who says she will sue if I remove her belongings. I feel the rules on matters such as these need to be clearly laid out as part of winning a possession order.”
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Comments
Yes you can move on.
The Torts of Goods Act only makes you an involuntary bailee for 3 months if no contact from all efforts and for 2 weeks if you know tenant has received your instruction to them to remove goods.
Any decent advice from a Landlord and Tenant specialist solicitor will confirm this. You have contact - tell her she has 2 weeks to remove the belongings, the three months
expires 22nd January but get the specialist advice to confirm on giving the 2 weeks notice you can then deal with it.
None of it can have any value anyway so what can she possibly sue you for - your counterclaim would outweigh anything she claimed.
Just get in a complete house clearance company and then fumigate completely - and tell her you will bill her for the costs
Sounds like my tenant from hell, 4 years ago. Mother, 2 sons, good work reference, BUT later found out reference was a fraud, and was on benefit in Scotland!!!!! Left the place wrecked, neighbours had to temporarily move out, police regularly visiting. I tried to provide a newly refurbished flat in a good area to a family, Brother and boyfriend then moved in. Housing benefit WROTE to make an appointment to inspect. Surprise surprise, my neighbours advised me that the extra people moved out in the morning, and back in the evening AFTER the appointment!!!!! No rent paid for many months before and whilst eviction process under way, although full HB was being paid to the family. Trail of devastation and no rent paid and eviction costs. Holes in doors, walls and ceilings, locks changed, bathroom basin smashed. Private investigator found her, but believed her sob story. The police asked ME if I had evicted them correctly!!!!!! Said there was no proof the tenants did the damage!!!! Council then put the lot up in B&B I found out. How much cost to the landlord, and to the tax payers in supporting these people. Yet the laws are being changed to protect these 'poor' people.
Luckiily all of our other and current tenants are terrific, which gives us faith. BUT left very wary.
Send the keys back to your lender mate, and get out of this awful business !