Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Possessions

Possessions

Postby Boo » Wed Oct 05, 2016 7:23 am

Tenant A rents a garage from the LA. In it is property owned by an ex partner. The ex partner has a very long restraining order against them and won't comply with removing the property by instructing a third party to assist.
There's a long history of domestic abuse and coercive and controlling behaviour.

Tenant A wants to terminate the tenancy on the garage. The LA insist on vacant possession.

Can tenant A bin the ex partner's possessions in a skip?
I'd like to recommend a match and an accelerant...but that's a no no.
God - "I have made Mankind!"
Angels - "You screwed up a perfectly good monkey is what you did. Look at it. It's got anxiety!"
User avatar
Boo
 
Posts: 3775
Joined: Thu Nov 01, 2012 1:53 pm
Location: On the edge!

Re: Possessions

Postby theycantdothat » Wed Oct 05, 2016 8:26 am

The tenant can invoke the procedure set out in the Torts (Interference with Goods) Act 1977. See section 12 and schedule 1. http://www.legislation.gov.uk/ukpga/1977/32

Assuming the tenancy is periodic, the tenant can serve a notice to quit to end the lease and failing to give vacant possession on expiry of the notice does not invalidate the notice. However, the LA will be entitled to damages which may be equal to the rent.

For there to be a failure to give vacant possession "any chattels left in the property [must] substantially prevent or interfere with the enjoyment of the right of possession of a substantial part of the property" (NYL Logistics (UK) Ltd v Ibrend Estates BV)
theycantdothat
 
Posts: 1053
Joined: Fri Nov 02, 2012 7:36 pm

Re: Possessions

Postby dls » Wed Oct 05, 2016 9:02 am

The tenant must first give recorded notice and a proper opportunity to remove the goods.

The other former hlaf is probably using this to 'stay in touch' and any communication should be through a third party.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11780
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Possessions

Postby Boo » Thu Oct 06, 2016 6:41 pm

Thank you.

I'll put this to Tenant A tomorrow so they can make an informed decision.

dls wrote:
The other former half is probably using this to 'stay in touch' and any communication should be through a third party.


Oh for sure. They have breached the restraining order many times leading to several stays in HMPs.
And on that basis, I think I have a good recommendation for a third party...
God - "I have made Mankind!"
Angels - "You screwed up a perfectly good monkey is what you did. Look at it. It's got anxiety!"
User avatar
Boo
 
Posts: 3775
Joined: Thu Nov 01, 2012 1:53 pm
Location: On the edge!

Re: Possessions

Postby diy » Fri Oct 07, 2016 7:32 am

Do these items have value? if it comes to disposal, then this might simplify things as plenty of free ads offering house and garage clearance.
My suggestions are not legal advice
User avatar
diy
 
Posts: 2326
Joined: Fri Nov 02, 2012 10:06 pm


Return to Landlord and Tenant Law

Who is online

Users browsing this forum: No registered users and 1 guest

cron