Possessions left behind
Other

Fiona Talbot
Fiona Talbot
1 Thanks
7 Posts
10 years ago
0
Hi, I have a query regarding possessions left behind at the end of a tenancy. I run a council licenced HMO and one of the tenants fell behind in the rent in May this year. I served the section 8 notice and 2 weeks later I paid £100 for the Possession Claim Online (PCOL) service. The tenant was then arrested for threatening another tenant in the HMO with a knife. I contacted the police who confirmed the arrest. 2 weeks after the arrest the police contacted me seeking to locate the tenant as he had been released and they were concerned for his wellbeing. From his arrest in late June until last week I heard nothing at all from the tenant and explained this to the police. I questioned the other residents in the HMO who confirmed that they had not seen him return to the HMO after his arrest. On 30th July I obtained a possession order in the Peterborough County Court and a CCJ for rent arrears. When the 2 weeks elapsed on 14th August (2.5 months after his arrest)I removed all of the tenants belongings into storage and re-let the room. These belongings are of no real value to me and have remained in storage ever since. The AST contains a clause that "The tenant agrees that any property left at the property after the end of their tenancy may be retained, sold or disposed of by the landlord at their discretion".

I was contacted by the tenant last week and it transpires that he has been hospitalised and now wants his items returned. I explained that I was happy to return the items but that he needed to pay some money towards the debt and quoted the clause in the AST. At first he seemed accepting of this but has now sent me a letter of demand that the Citizens Advice Bureau has prepared along with some information about such action being harassment.

Can you offer any advice?

Thanks!

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