Topic: Disposing of other people's property.

[Wizpod.]

Long story short.
Privately owned allotments.
My friend has three garages on his plot rented out to other allotmenteers usually to use as storage / shed space.
Informal written arrangements made with the tenants.
One tenant is storing a car there which is not road worthy, but which he wanted to repair.He is now almost six months behind in his rent, and has repeatedly been asked both verbally and in writing to empty the garage, and to leave. He offered the car to my friend in Lu of owed rent.My friend does not want it, has given up hope of ever seeing the money owed, but wants the garage cleared so he can rent it out.
He doesn't want the hassle of going to court.
Is there any legally acceptable way he can dispose of his tenant's car ?

[willsy]

Maybe he could try the small claims court!

[gavinjconway]

How much is owing?

One way to re-coup some is to accept the car as payment and let the car scrappers take it - some pay up to £250 for cars!! then give him notice to vacate.

[rugbypost]

If you accept the as payment do not forget to get a receipt and the log book then you can call a scrap dealer  you will have all the documents needed for them to take it reading what has been said sell the car get your money back

[Wizpod.]

Thanks for your replies.
No idea what my friend Mr Compost will do.
I'd like to find out where the tenant lives and dump the car in his garden..........

[pumkinlover]

I would suggest contacting citizens advice?

[Unwashed]

Is there any legally acceptable way he can dispose of his tenant's car ?

Yes, probably.

If the tenancy is still extant and rent is owed then the landlord can levy distress - that is, seize the tenant's  property in the gararge and, if the tenant still won't pay up, sell it to clear the debt - any excess after rent and costs has to be given back to the tenant.  Distress is still lawful, though probably not for much longer.  There are a few tricks and traps mind, so do some research - I'm not advising you to do it, just giving you my unqualified opinion that I believe it's possible.

If the tenancy has ended then if the car has been abandoned then the landlord can sell it without any more to-do.

However, just because the car was left behind doesn't in itself mean it was abandoned, and if the tenant just left it because she couldn't be asked to make arrangements to move it then it's actually still the tenant's and the landlord has a duty to look after it - the landlord is an involuntary bailee - see the Torts (Interference with Goods) Act 1977.

The landlord really needs to terminate the tenancy if the tenant is no longer in a position to pay the rent.

[Wizpod.]

Thank you all for the help you gave re my friend Mr Compost and his garage / tenant problem.
Just to let you know that it's all been sorted.
Notice served re ending the tenancy, car and paperwork given to landlord, car removed for scrap and the few other belongings in the garage delivered to the tenant's flat.
Job done and an acceptable solution for all involved.
Thanks again.

[pumkinlover]

Good ending