Updating post from Reddit.
So we were evicted under Section 21 on March 31st & was pretty rushed as the landlord in question was considering contacting the courts & pushing back the eviction until the 29th. However, he decided against it so we packed as much as we could & left the property but still had a lot of our belongings left behind.
He said he was willing to give us time to collect our belongings & clear the house for him so we did that until the 22nd April as it was difficult to get there due to work commitments. He has now said that we owe him a month’s rent due to the time taken despite 1) nobody being in the property, 2) no access to the house outside of when he was able to let us in & 3) not notifying us of this beforehand.
I’m pretty sure this is illegal & keeps asking my parents when can they pay the money but just wanted advice before we take up the legal route of going to a solicitor/lawyer please?
If your items were left past the eviction the landlord can claim for removing, storage or disposal expenses. I doubt this will be near the monthly rental and should not be worded as rent. Basically the landlord has to follow torts act which stores items for reasonable time 14-28 days even then everything needs to written on an inventory list before selling or disposing. So yes landlord can charge money but not for rent.
He said specifically rent & is charging us the amount that would be for a month’s rent usually
Yeah the landlord is wrong here you need to read up on involuntary bailey and how to collect goods after an eviction. Basically the landlord can't just say you owe rent else you can't get the items. You may need to speak to citizens advice or even legals about this as your goods are basically being held against you here. No way should you be giving landlord a month's rent.
Thank you, think CAB is probs our best (free) option for now
Yeah they will probably template a letter and advise you on your options if the landlord disposes of your stuff they effectively will be in a lot of crap but it is highly possible it will end with this unfortunately.
You used the property to store possessions during that time. The landlord can’t rent it out or take possession while you are storing items there. Unfortunately you owe them money for it
I understand owing them money but a month’s rent for the time? That is unreasonable & not an amount I’m willing to pay, especially as I wasn’t living there anymore.
The property was unusable due to your actions. You should have put your possessions into storage if you wanted a cheaper option
Exactly this it is unreasonable of the landlord to charge a month's rent. The landlord by all means is allowed to move items into storage to rent the property out and release goods for the costs to cover removals and storage.
Why is it unreasonable? Could they use the property? Nope. Full rent prorated
100% it's called "vacant" possession for a reason.
It is vacant just the landlord has now become an involuntary bailey and has to abide by torts nothing is stopping the landlord from putting items into storage and letting out the property?
They can use the property by moving the items into storage?
Why should they do it.
Because they have become involuntary bailey... What on earth makes you think a landlord is allowed to charge rent for someone that is evicted just because belongings are left behind, it happens, it sucks but it doesn't stop a landlord from being able to relet it just means they have to move shit out themselves all of which can be charged for against the ex tenants. The rent is not something you can charge for as a landlord once the tenant has been evicted. The mind boggles as to how many landlords really do not understand this process of being a landlord and having to follow the rules.
So under the Torts act, we are allowed some time to get our goods, which is chargeable. That’s fine. A whole’s month’s rent worth?
What does your lease say about leaving the property? They will normally require vacant possession and if you left “a lot of possessions” behind it sounds like you haven’t done that. They will normally have a right to charge your for storage and removal of items left behind.
Your point 1 isn’t really relevant if the place was full of your junk. Point 2 may be relevant is your reasonable efforts to access the property beforehand were rebuffed. Point 3 I would say you should check your lease to see what it says, there is a good chance you not only had notice of what would happen but you agreed it in writing.
I checked the lease, there is nothing in there regarding vacant possession & the collection of our goods.
Can I ask, why was you evicted? Was it due to not paying rent, or did the landlord just want you to leave, after fixed term ended? Just so I know, before I give some advice.
He just wanted his house back, we’d been there for 10 years so issued it in May 2024
Offer a deal. It won’t be rents that’s due but a charge for storage.
Say rent is £1000 offer £400 see what he says. Then agree the middle ground.
He has a right to charge but not rent.
The rent is 1650, we’ve attempted to ask for a deal but he’s not budging off that price & I am not paying that, respectfully.
If you did not have keys and access to the property and he evicted you i don't think that classes as rent payable. Talk to shelter and it looks like a ton of good advice here anyways.
Did you get your deposit back?
No due to arrears accrued in the time leading to the eviction
Then he will have to take you to court to get any money from you.
However it may benefit you if you find out how much local removals and storage would have been for the time your belongings were still in his property and offer him that?
They cannot charge rent past the tenancy end date. Sounds like the LL is charging you for April's rent which they cannot do as the last day was March 31.
Tenancy agreements rarely include provisions for charging beyond the deposit for abandoned items, but check yours to make sure.
If there's a deposit, use the tenancy deposit scheme’s dispute resolution service as the LL will likely overcharge if you voluntarily pay the asking cost.
For charges beyond the deposit, the LL would need to pursue a legal claim, which is rare for small-scale issues. If it gets to a payment injunction - lengthy and costly process for the LL - the actual court ordered amount to pay would probably still be less than the month's rent LL is charging you now.
If you did not move out past the eviction date and were using the property to store furniture, still had access to the property and hadn't returned the keys then you were still deemed as living at the property.
If you had returned the keys to the landlord and only accessed it to collect the furniture when the landlord was present, that would be different.
We had no access to the property outside of the landlord opening the door for us to get in & pack our stuff
They can charge you for storage but it shouldn’t be the same amount as your rent. Offer a partial amount as a compromise.
I’ll try again but not sure they’ll be willing to compromise
You mention courts, but
An s21 doesn't end the tenancy, rent is still due until you provide your own notice, and return vacant possession of the property back to the landlord.
It was a court order, evicted by bailiffs & given the notice when left regarding making the property vacant
Your tenancy ended when the Baliffs physically attended and evicted you from the property. Rent stops at that point, but landlord can claim costs from your deposit and further costs from the court if the deposit doesn't cover it. They can't claim for rent, as there is no longer a tenancy. Baliffs would usually give you an opportunity to collect your belongings within a few days as anything inside then falls under Torts Act, and the landlord has to look after until collected within a reasonable time, after which they can be sold/disposed if not sellable.