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  • Legal FAQs

    Rights of Access to tenants goods

    Hi

    the tenant left early before the tenancy ended, and owes a lot of back rent, there was no deposit.

    theyve left a car in the garden which they haven’t moved, and now want to send a removal van to

    collect their goods.

    can I deny access to the movers as they weren’t the legal tenants as leverage to move the car etc?

    is only the tenant allowed reentry rights, and can they spend hours going through stuff deciding what to take?

    im refurbishing, so there’s a lot of tools and work in progress too which isn’t safe

    thanks

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    If the tenancy has legally ended, ie they have signed a surrender of tenancy letter and returned the keys, then they have no rights of reentry. However, they do have the right to retrieve their belongings, they belong to them.

    Therefore you may choose to carefully place ALL their belongings outside the property for collection at an agreed time.

    You should not allow them entry to rummage through deciding what to take and what to leave for you to then dispose of.

    You only need allow them a single opportunity to retrieve possessions. having said that, it's always best of course to do what's reasonable and fair.

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    Get the car clamped, its got scrap value at least. How long have their belongings been left in the property, as you have started work I would estimate its some time. I would seize the belongings in lieu of rent owed.

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    You have no right to seize any of their possessions. If they are removing stuff then you should make an appointment for them to do so.

    It’s up to you whether you allow them in to do this or place things outside but they have no right to spend ages looking through their items.

    Really they should take everything and rummage elsewhere!

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Do I need to allow relatives to come and collect, or removal people, or just the tenant?

    theres a ton of stuff left

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    Vimto,

    You want he stuff - gone - out of your way as much ( perhaps More ! ) than they want the stuff, - so does it matter who comes to collect, - I'd suggest not.

    PLUS,  even better if its NOT the tenant, as there will be no rummage opportunity.   agree a time and tell them possessions will be outside at this time, after which - you can't be responsible.

      Have a look at my article on Abandoned Goods -   www.PossessionFriend.uk/abandoned-goods.    ( under  Landlord Advice menu )

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