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senior partner, Solicitor
Category: UK Property Law
Satisfied Customers: 13234
Experience:  30 years commercial law
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If I have allowed the tenant 7 days to collect her goods but

Resolved Question:

If I have allowed the tenant 7 days to collect her goods but she does not, can I remove them from the property?
Submitted: 11 months ago.
Category: UK Property Law
Expert:  senior partner replied 11 months ago.
Thank you for your question. You can remove them any time but you need to keep them until you have given the tenant a reasonable chance to collect but you can move them elsewhere. If you are going to dispose of but not sell them then I suggest you give more than 7 days notice to collect I would normally recommend 21 days.

Customer: replied 11 months ago.

I told her that she had 7 days to collect her belongings from the property otherwise i will sell them at auction, but she refuses to arrange a date, instead throwing accusations that I cant touch them otherwise she will recover damages.
Expert:  senior partner replied 11 months ago.
Well i would just go ahead and sell if you have given her written notice and she has refused to collect .
Customer: replied 11 months ago.

Is there a specific period I have to wait before I can sell the goods legally?
Expert:  senior partner replied 11 months ago.
If you are holding the goods against payment eg ad a lien then 3 months but as you are not doing that but in effect they are abandoned goods which she has refused to collect it is "reasonable" notice. I recommend 21 days but you might get way with less. I suggest you send here another letter saying if she fails to collect as specified then you will sell.
Customer: replied 11 months ago.

just to clarify, I have given her 7 days to collect the goods. If she does not I have to wait 21 days before I can actually sell them? Or are you saying that I have to give her 21 days to collect.?
Expert:  senior partner replied 11 months ago.
the relevant legislation -The Torts (Interference with Goods) Act 1977 requires that you give notice requiring collection AND you give notice that you are going to sell. You can do both in one notice but if if you have not said you will sell then you need to give a second notice to say you are going to sell. Where you are holding goods as security for payment you have to give 3 months notice of otherwise you have to give reasonable notice as I said I recommend 21 days.

Customer: replied 11 months ago.

I did tell her that if she does not remove in 7 days i would sell them, if 7 days is not enough notice, can i at least remove the goods and put them into storage.
Customer: replied 11 months ago.

I did tell her that if she does not remove in 7 days i would sell them, if 7 days is not enough notice, can i at least remove the goods and put them into storage.
Expert:  senior partner replied 11 months ago.
Yes as i said earlier you can remove them any time from the premises you just need to keep them somewhere until they are collected or sold. it does not have to be in the premises
senior partner, Solicitor
Category: UK Property Law
Satisfied Customers: 13234
Experience: 30 years commercial law
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