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evicting unwanted tenant


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Hi All

 

Bit of an odd one this. We've just taken over a livery yard (stables and land for horses).

 

We have taken it over from a large land owner (legally) for 5 yrs. The previous 'tenants' sub let - verbally- to an 'individual' which was ok'd by the landlord. The lease for the new tenancy started on the 1st of April, for us. Prior to this the 'individual' knew the tenants were looking for a place of their own to buy and would not be around for much longer, so they served the 'individual' notice to move out. The individual ignored this. Sour grapes as they did not get offered the yard.

Here comes the problem.

The 'individual' who was sub let a couple of stables previously, took their horses off the yard and moved them to another yard some miles away due to personal problems and there they have remained now for some months. They still, however, have some tack which is still on the yard, a few rugs and feed buckets etc. They have known full well that they are not going to return to the yard as they are not welcome due to 'discrepancies' they claimed against the previous tenant. Our new landlords are also aware of these 'discrepancies' claimed and have said to us that we can choose who we have as liveries. Obviously the 'individual' concerned is one we don't want. We have served a 'notice to remove their belongings' by recorded delivery which they ignored, but they did get one we sent by hand. They do not have any contract with us and never will. They have also been given a deadline to remove their items including a horse box, which is now on our land as per the lease.

 

They are refusing to take their things and are under the false illusion they have some right to come back to the yard with thier horses.

Can we remove these items and take them to their home address?

Can we have the horse box towed off and also taken to their home?

 

What other legal rights do we have and any pitfalls we need to look out for?

 

Any advice would be grateful as we are starting a business, legal costs would be an unwanted financial extra.

 

Thanks for your time and patients reading this

 

Andy

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Thread moved to landlords/tenants forum where you should receive more help and advice.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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It may come under trespass if they return - as they have vacated the premises. I would write to them and state that unless they remove all property belonging to them within 14 days you will begin charging them for storage. Make it a reasonable charge - something like £5-10 per day.

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Hi Blacksheep 1979.

Thanks for the quick reply. We have already sent a letter asking them to move their belongings, recorded delivery, as did the previous tenant, but because they are known for causing trouble, and have chosen to not sign for the letter. Hence one was hand delivered to the person, which supprised them to which they have now responded to.

 

No inventory of what they still have or ever had there including it's condition was ever made. They knew they were asked to leave by the previous tenant, but played ignorant and avoided going to the yard until the previous tenants had vacated. They even accused the previous tenant of theft of some items when the previous tenant handed the yard over to us, which, coincidentally, happened to be to the value of what they owed in back rent. I have no doubt we may suffer the same kind of treatment which is cause for concern. We do not want to 'inherit' this kind of individual and have since found out, quite a few other yards feel the same of this individual. Gives you a bit of an idea of what kind of person we are dealing with.

 

As far as trespass, we have changed all the locks, with permission of the Landlord and added new chains and padlocks to all the access gates. In fact we've done everything you would expect to do, with permission, just as you would if you moved into a new house.

 

Understandably the Landlord does not want to get too involved and we dont want to have to force them to if we had to.

 

Any futher advice would be most grateful

 

Thanks again

 

Andy

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A letter will be deemed delivered I believe it is two days after postage so from now on just get proof of postage. I would also maybe talk to the local crime prevention officer, ask about securing the site and get them to note your concerns about the ex-tennants - its always better to be prepared and get the first opinion down which can count for alot.

 

Good Luck

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Hi Blacksheep1979Just a quick update. The individual plus a few family members arrived, on time at 10am as stipulated in the letter, and removed the remaining items. No fuss, no problems because they knew they did not have a leg to stand on. As a precaution, the Police were informed of what and when this was taking place, and as an added precaution, the whole 'eviction' was filmed on a camcorder, under cover of a blanket. I hate being brought down to that level, but felt it wise.I have no doubt the individual will try and accuse us of some valuable item that is missing but as the whole yard entrance was clearly recorded, with audio, from start to finish, there is no mention of them querying any missing items, which of course, there would'nt be.Its just a great pitty there are individuals out there that will try and 'screw' you over just because they dont get their own way and stamp their feet in defiance, just like a little kid. Some people are really twisted like that.If you know you are right and on the right side of the law and have checked your rights, which we have done 4 times with different organisations including this one, then stand your ground. It will come right in the end.Thank you and all that have given advise.Kind regardsAndy

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