TRL Helpdesk

[Phil]

Asking for a friend (really ?)

my friends tenant has done a moonlight owing him £1500 in rent. He’s left some of his property in the house. Can my friend sell it to recoup/reduce his losses? 

[Old Frightful]

Not since 1977, he has to be very careful.

http://www.landlordlawblog.co.uk/2010/04/27/landlord-rights-over-tenants-possessions/

[ckn]

He could do a quickie repossession case while suing for unpaid rent. “Accidentally” leave the door open for peaceful entry. The bailiffs can then seize property to pay for the rent while legally gaining possession. And it’s a tax write-off. 

Of course, that’s just wild internet talk that’s really not meant to be serious and you should speak to a lawyer for proper advice. 

[Old Frightful]

If they've done a moonlit flit, surely they won't have left much worth owt.

Unless of course it's a cannabis factory. 

[Phil]

1 minute ago, Old Frightful said:

If they've done a moonlit flit, surely they won't have left much worth owt.

Unless of course it's a cannabis factory. 

It’s a fair old quantity of vinyl singles and albums which after I’ve given it a slightly more than cursory glance I reckon is easily worth £2,500-£3000 and quite possibly more 

[Futtocks]

6 minutes ago, Phil said:

It’s a fair old quantity of vinyl singles and albums which after I’ve given it a slightly more than cursory glance I reckon is easily worth £2,500-£3000 and quite possibly more 

Make absolutely sure your friend's shiny metal ass is covered legally before he/she does anything with the goods. It would add insult to injury if the tenants not only skipped the rent, but then also sued for illegally flogging off their property.

Oh, and the value of vinyl is not necessarily what some people on eBay, Discogs etc. would have you believe. The 'Vinyl Stupidity' account on Twitter is a bit of an eye-opener to some people's greed/ignorance.

[Phil]

19 minutes ago, Futtocks said:

Make absolutely sure your friend's shiny metal ass is covered legally before he/she does anything with the goods. It would add insult to injury if the tenants not only skipped the rent, but then also sued for illegally flogging off their property.

Oh, and the value of vinyl is not necessarily what some people on eBay, Discogs etc. would have you believe. The 'Vinyl Stupidity' account on Twitter is a bit of an eye-opener to some people's greed/ignorance.

Yeah but with respect I know my vinyl, the guy left in a hurry, according to his neighbours there were three “scary” blokes looking for him just before he vanished ?

[Futtocks]

5 minutes ago, Phil said:

Yeah but with respect I know my vinyl, the guy left in a hurry, according to his neighbours there were three “scary” blokes looking for him just before he vanished ?

Potentially some ill-gotten gains involved, then? Definitely check the legalities, or it could become complicated.

[Derwent]

8 hours ago, ckn said:

He could do a quickie repossession case while suing for unpaid rent. “Accidentally” leave the door open for peaceful entry. The bailiffs can then seize property to pay for the rent while legally gaining possession. And it’s a tax write-off. 

Of course, that’s just wild internet talk that’s really not meant to be serious and you should speak to a lawyer for proper advice. 

I’m sorry but that’s just not right. The bailiffs will not, and have no power to, seize the tenants property to pay for unpaid rent. An s12 repossession order gives them the right to enter the property and retake possession, but that is all. In cases like this where the tenant owes the landlord money, the landlord must by law keep the tenant’s possessions for a minimum of 3 months before selling them. Even after selling them the landlord is not entitled to keep the full proceeds, they are only entitled to deduct the cost of storage and selling the items and any surplus must be paid to the tenant. In respect of unpaid rent the landlord must pursue a separate legal action through the county court system which is a separate action and outside of the repossession process. It is a minefield for landlords, there are cases where tenants have won many thousands in compensation from landlords in the courts where the landlord has disposed of what was little more than worthless junk without going through the right process.

[ckn]

1 hour ago, Derwent said:

I’m sorry but that’s just not right. The bailiffs will not, and have no power to, seize the tenants property to pay for unpaid rent. An s12 repossession order gives them the right to enter the property and retake possession, but that is all. In cases like this where the tenant owes the landlord money, the landlord must by law keep the tenant’s possessions for a minimum of 3 months before selling them. Even after selling them the landlord is not entitled to keep the full proceeds, they are only entitled to deduct the cost of storage and selling the items and any surplus must be paid to the tenant. In respect of unpaid rent the landlord must pursue a separate legal action through the county court system which is a separate action and outside of the repossession process. It is a minefield for landlords, there are cases where tenants have won many thousands in compensation from landlords in the courts where the landlord has disposed of what was little more than worthless junk without going through the right process.

My first sentence does say two separate actions. One, repossession. Two, recovering unpaid rent.  Also, I do say to take legal advice because it’s wild internet talk.