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Items left behind in flat, what are my legal obligations to it?
My old flatmate has left most of his belongings behind since beginning of February and will not come and collect them. He was forced out by the agency, and I was lucky not to be left without my home (the agency were able to let me stay, but if they wanted to they could have forced me out and taken my belongings until the debt was recovered, they didn't because they said I was a good tenant)
We left on bad terms- he wasn't paying his rent for 2 months never told me, expected me to pay it, hid all post during this time including my credit card bills, told me he was paying the council tax (I'm a student so I'm exempt, and we agreed he would be paying it) then I found a letter threatening to take us to court as he had not been paying. He also would refuse to find a job and spent his many hours playing world of warcraft! He also owes me a fortune for his rent from a previous year as he told me it was for other reasons, him being a long term friend I felt obliged to help out.
so naturally I'm annoyed that I'm having to store his belongings for such a long period of time.
The question comes to, legally where do I stand, can I sell his items to recover debts? He does not contact me, it is always me contacting him.
Just a quick note, I'm in Scotland- so scots law might be different from the English law
Thanks :-)
xxx000au- I have contacted him 3 times though email, each very formal for updates asking when he is going to pick up his belongings, not for anything else other than that. I have ignored any attempted of small talk on his behalf.
6 Answers
- Anonymous1 decade agoFavorite Answer
If you know where to contact him, write to him giving a list of all the things he's left behind. Also set out what he owes you. Say that if he does not remove his belongings within 7 days, you will sell them and apply the money towards what he owes you. In Scots Law, you are fully entitled to do this (in England it would have to be considered "reasonable")
- ?Lv 41 decade ago
I used to deal with this quite regularly when I was a retail manager - when people did not collect goods they had paid for on time:
You are required to keep the goods safe, and give the owner a 'reasonable amount of time' (usually 28 days) to collect it. You should do this by writing to the owner (recorded delivery so you have proof), and during that time make 'reasonable' effort to allow its collection. Legally, you can then claim ownership to the property (eg if you find lost property and hand it to the police, they will give it to you after 28 days by law), but to be on the safe side you can do something else to protect yourself:
Following the 28 days you may apply charges for your storage of the property. We would charge £30/day for a sofa, and that was a few years ago now - this stood up in court! Once the charges exceed the value of the property you may sell it to recover your costs (or keep it, which is like selling it to yourself). By doing this as well as the first 28 days you are protecting yourself twice - even if the original owner sues you for the property you can counter-claim for storage costs.
These 'rules' are common law in England and Wales - and because in Scotland most law is based on common law I guess it is very similar. A solicitor is really the only way you will know for sure.
Source(s): Ex-cop UK - xxx000auLv 71 decade ago
I followed all of that except the part about him never contacting you, its you always contacting him.
I am sorry but in my eyes that does not paint you as a very bright person. He clearly caused you problems yet you still call him.
That has to stop right now.
I would place an add in your local news paper in the notices section. Give him 21days from the date of this publication to have paid his outstandings of how ever much it is and after that he is to remove all of his belongings. If no actions from him to settle his account you will seek legal advice and you will dispose of his stuff, as you see fit.
Dont be over the top in naming him. Maybe say. Mr J Citizen of What ever town. Rather than he full name.
- hiddenmynameLv 71 decade ago
I'm not sure where you stand legally. I would see the CAB or a solicitor. I'm not sure you can just go around selling peoples stuff even though he deserves it. If you're a student and were at the time of the council tax bill they cant make you pay it as you are exempt.
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- ruslanaLv 51 decade ago
This is a link to the Citizen's Advice Bureau in Scotland: http://www.adviceguide.org.uk/scotland
They might be able to help you more. Or you could go to a solicitor, and draft a letter to this guy in which you tell him to claim his stuff by a certain date (give a specific date, give him about 3/4 months), and if not it will be sold/disposed of.
If you have everything down in writing, I don't think he can claim you've stolen anything; you can't store his things indefinitely.
- mazshepsLv 51 decade ago
tell him that if he doesn't pick up his belongings by the end of May you will consider it rubbish and dispose of it accordingly.
i think selling the goods would be risky as he could claim you stole them, and then you would technically be selling stolen goods.