UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

I ask as Chair of an Allotments Society. People rent plots…

Customer Question
I ask as Chair of...
I ask as Chair of an Allotments Society.
People rent plots from the Society. Sometimes when their tenancy ends, they leave property behind and don't answer letters.

Under The Torts (Interference with Goods) Act 1977 [12 (3)] it seems that with proper notice, we can sell their goods. However, 12(5) says "A bailee exercising his powers under subsection (3) shall be liable to account to the bailor for the proceeds of sale ...."

1. Does this mean that we have to give the proceeds of any sale to the ex-tenant?
If the answer to 1. is Yes.
2. Can we keep the money and pay it if asked?
Thank you
Submitted: 8 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 7 hours by:
6/13/2010
Solicitor: Michael Holly, Solicitor replied 8 years ago
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 7,088
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Verified

The answer is yes that if the person turns up after you have given notice to them asnd sold the goods then you must give them the proceeds of sale."shall be liable" implies that you can wait to be asked rather than send the money to the ex tenant. If you do have to send the proceeds of sale to the ex tenant you can deduct the expenses of the sale.

I hope this helps kindly click accept so that I get credit for my answer

Best wishes

 

Yours sincerely

 

Ask Your Own UK Law Question
Customer reply replied 8 years ago
Michael,
Oh dear!
Can the Society, instead of selling, tell the plot holder (tenant?) that the goods are left at the plot holders risk? ... that the Society has no responsibility for their safekeeping?
Chair
Solicitor: Michael Holly, Solicitor replied 8 years ago

Yes you can do that, then it would only apply if they then left stuff behind because you still become involuntary bailees.

You then write and if no reply dispose of the items. It is only if you sell them and they turn up later that you have any obligation to account to them. As such if you sell items you simply need to record what they fetched.

 

Yours sincerely

Ask Your Own UK Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Michael Holly Your Own Question
Michael Holly
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 7,088
7,088 Satisfied Customers
Experience: I have 20 years of experience as a solicitor in litigation and other areas

Michael Holly is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,256 satisfied customers

Qualified Solicitor

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,760 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,513 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,177 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I own a vehicle recovery company. I recovered a vehicle in
I own a vehicle recovery company. I recovered a vehicle in October 2015 (valued approximately £300) for a person who it turned out was only insured 3rd Party. He had been in a collision with a foreign… read more
Scott Taylor
Scott Taylor
Director
PG Dip - Legal Practice
41 satisfied customers
In about 1979 my father, who is now deceased, arranged
In about 1979 my father, who is now deceased, arranged for his sports car to be restored privately. Contact with the restorer was lost. To our knowledge the restorer never made any attempt to contact … read more
Scott Taylor
Scott Taylor
Director
PG Dip - Legal Practice
41 satisfied customers
A tenant took AST on flat in 2006. In Jan 2007 signed a written
A tenant took AST on flat in 2006. In Jan 2007 signed a written agreement with landlord to build a temporary shed in the garden of the property as storage an workshop for his business. The agreement s… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
i was awarded probate of my late mothers will with my sister
i was awarded probate of my late mothers will with my sister had power reserved not activated. My sister and her offspring have furniture left to them which they have refused to take though being aske… read more
Michael Holly
Michael Holly
Solicitor
Bachelor's Degree
7,088 satisfied customers
I rented my garage from december 2010 through an agent the
I rented my garage from december 2010 through an agent the man paid in advance two months rent pluss £50.00 deposit, since then nothing more was paid but the garage is still occupied with storage can … read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
Hi I split up with my ex boyfriend over 9 months ago and he
Hi I split up with my ex boyfriend over 9 months ago and he moved out of my flat, but he left some of his stuff tv, freezer etc (no clothes or personal belongings though). I have asked him on numerous… read more
Daniel Smith
Daniel Smith
Bachelor's Degree
3,777 satisfied customers
I own a 30 acre field in Hampshire which is currently unused.
I own a 30 acre field in Hampshire which is currently unused. Yesterday I visited the field, which is some 15 miles from my home, and found 7 horses/ ponies secured by way of chains attached to metal … read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
A friend of mine was evicted from her house last Thuirsday.
A friend of mine was evicted from her house last Thuirsday. The house was the property of a trust who defaulted on their mortgage. She was the beneficiary of the trust set up by her ex husband with a … read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
If a commercial tenant absconds leaving goods on site and an
If a commercial tenant absconds leaving goods on site and an outstanding debt, can the goods be sold to reduce the outstanding debt? Thank you… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
This is a follow up to my last question you answered on Sunday.
This is a follow up to my last question you answered on Sunday. My ex tenant arranged to pick up on Monday 13th but then her coucin contacted me and said she was in hospital and she would pick it up o… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
Dear Sir / Madam, I am writing to ask for some advice and
Dear Sir / Madam, I am writing to ask for some advice and assistance. My father has been working the allotments behind our house for approximately 30 years, for the first 4 years he paid rent to use t… read more
James Mather
James Mather
7,349 satisfied customers
i have been served a noitice of seeking pocessesion order section
i have been served a noitice of seeking pocessesion order section 12 and 14, it has not been signed by the landlord. /is this document valid without a signature.… read more
Matthew J
Matthew J
Solicitor
Bachelor's Degree
334 satisfied customers
Good evening. I own a specialist repair automotive repair
Good evening. I own a specialist repair automotive repair business and have 2 customers who have left cars with me for work. I have completed some works but now cannot get hold of either of them (12 m… read more
DR Lawyer
DR Lawyer
BA (HONS) Pgdl Pgdlp
2,318 satisfied customers
my tenants left without notice and without paying the rent. we
my tenants left without notice and without paying the rent. we caught them in the act as they were leaving. we entered the house and locked the tenants outside. we hold half of their furniture. the po… read more
DR Lawyer
DR Lawyer
BA (HONS) Pgdl Pgdlp
2,318 satisfied customers
Hi, can you tell me whether the Allotment Act 1950, Chapter
Hi, can you tell me whether the Allotment Act 1950, Chapter 31, section 12 applies specifically to allotments or to residential gardens as well? It seems to specify land used for allotments in other s… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,220 satisfied customers
I have been given a notice that goods are ready for for collection
I have been given a notice that goods are ready for for collection and notice of intention to sell goods Torts (interference with goods) ACT 1977 section 12 (1) (3). I was due to pay the site fees (£2… read more
PTS Law Ltd
PTS Law Ltd
35 years experience English Solicit
1,198 satisfied customers
A friend has left his motorbikes (3) in my garage for several
A friend has left his motorbikes (3) in my garage for several years. I have asked him to remove them numerous times but he ignores me. Can I get rid of them myself? He says that if I damage them or ge… read more
Tulkinghorn
Tulkinghorn
Bachelor\u0027s Degree
1,141 satisfied customers
two weeks ago my business partner walked out and took most
two weeks ago my business partner walked out and took most of the contracts with him. at the same time he removed a post from each of the ramps we used to stop me being able to use them. he has inform… read more
lawsolved
lawsolved
Bachelor's Degree
1,484 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x