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Legal, pensions and money

How to remove someone's things from my garage

(104 Posts)
Winterbaby Tue 21-Jun-22 00:05:21

Five years ago my mother allowed a family friend to store items in her garage, supposedly temporarily. When she died her property including the garage passed on to me. The items remained and since I did not need the space immediately I did not press for their removal, although I made it clear that I wanted them taken away at some point. At first the person refused and became belligerant, and then earlier this year said they were making arrangments to take the things elsewhere. I believed them and have been waiting patiently but nothing has happened. I now need the garage urgently for storing my own things. The person insists I have to liase with them and demands to know what I am bringing into the garage - clearly intending to only make limited space available even though I want everything of theirs removed. No payment has ever been made or contract signed for using the space although the garage has been filled from top to bottom and front to back and it is not possible to put anything else in there. I want to know if I have any legal right to have someone else's property taken away by a clearance company, even though I resent the financial outlay and am afraid of any comeback as they have forbidden me to touch anything of theirs. There may be some valuable items in there although to me it looks like a lot of old junk. Can anyone advise the best (and legal) way of going about this?

DaisyAnne Thu 23-Jun-22 15:49:17

When did you get the reply, Winterbaby? Has this happened since you started this thread?

Grammaretto Thu 23-Jun-22 16:46:59

I have found a place near me which specialises in house clearances but doesn't throw out anything if it's possible to sell it or upcycle it. Once a month they have a sale for charity.
Could you suggest something like that to the hoarder?
www.nugenwaste.co.uk/

Every item collected by the Nugen Recycling teams will be donated, upcycled or recycled - nothing is sent to landfill.

Beautful Thu 23-Jun-22 17:06:05

After the letter you have received ... personally I would show it to your solicitor & see where it goes from there ... you can do without the hassle

welbeck Thu 23-Jun-22 17:06:39

please contact police on 101, to report that you are being harassed.
do you actually live near this person ?
be careful. do not communicate with them directly.
do you have some strong arms around, friends who can support you.
i was actually thinking about this situation this morning and going to urge caution. i felt the person may be aggressive.
what will happen with the property. will it be sold/let or will you occupy it ?
you could try citizens advice bureau, who may know of other local sources of support.
also contact the council, anti-social behaviour unit.

eazybee Thu 23-Jun-22 17:18:18

I am rather confused. The letter explaining the situation and asking for advice was posted on June 21st; by June 23rd a solicitor had been consulted, a letter delivered and an abusive response received.
Odd.

welbeck Thu 23-Jun-22 17:43:44

not necessarily.
solicitors can be consulted by phone.
letters dropped in by hand.
and responded to.

NotSpaghetti Thu 23-Jun-22 18:06:55

I would contact the community police team for advice after that letter.
Then at least it us on record.

Winterbaby Fri 24-Jun-22 01:01:15

To clarify - I had been considering how to bring the matter to a head for some time and as I said, believed the person was finding alternative storage since I had made it clear I would be letting out the flat and needed to store its contents. He has known this but despite promises done nothing. I did btw consult citizens advice some time ago, and they were less than helpful Having read all your very supportive messages I took action the next day, Wednesday the 22nd and phoned a local solicitor. He said it would be a costly business to employ him and advised writing setting a definite deadline and ultimatum first. I wrote an email and received back the message as reported. Sorry for any confusion, but all quite genuine I assure you. I haven't been able to reply to everyone individually but am truly grateful for everything you have said.

WoodLane7 Fri 24-Jun-22 07:41:15

How entitled is it of that person to presume they can keep their stuff in there, forbid you to touch it then demand to know what you are intending to store.
I would check it out with a legal advisor at CAB then write to them giving a date, about 2 weeks hence by which it has to be collected or it will be disposed of. If you were selling the house to someone they wouldn't be expected to keep someones stuff in the garage so why should you

DaisyAnne Fri 24-Jun-22 07:43:01

Thank you for the timeline Winterbaby - although I would rather you hadn't had that horrible letter.

You will have to move it out before the new tenants move in. I wonder if our GN member solicitors who have been posting would recommend you just make the police aware of the reply? It was designed to upset you and I imagine your circumstances will dictate how you feel about whether it is hot air or to be taken seriously.

M0nica Fri 24-Jun-22 08:42:08

Why not do as someone suggested and speak to the police about the letter then let the miscreant know that the matter is in the hands of the police.

The miscreant sounds as if he might be mentally ill

ElaineI Fri 24-Jun-22 09:04:21

I agree MOnica. They may be able to advise. Especially re safety if Winterbaby does move the items out.

Shandy57 Fri 24-Jun-22 09:28:16

It is sad to think this man bullied your mother in the same way. I do think the next step is absolutely no contact, only via a solicitor.

DillytheGardener Fri 24-Jun-22 09:46:59

Shandy57 yes I was thinking the exact same thing myself, that the op’s mother was bullied into this arrangement and into continuing it.
What a nasty piece of work, I don’t care if they are mentally ill, you can have mental health issues and not use threatening language towards someone who has every right to end the free loan of space.
Interested to see what GSM suggests, I think you will have to instruct a solicitor, and also call the police to ask advice in the case he escalates, or destroys your property as he currently has access.
I think an email from a solicitor, restating the terms, that the police will be notified should his behaviour continue to be abusive, I’d also note the removal of his property should be done under supervision.

Can you change the locks then have the removal at a preplanned time under supervision?

Esmay Fri 24-Jun-22 12:06:37

Hi Winterbaby ,

What a nightmare !

This guy is obviously mentally impaired ,drunk and or on drugs .
His letter doesn't even make sense .
Do report him to the Police .
They have to register it .
And follow legal advice .
I wonder how he behaved towards your late mother .
He comes across as a bully .

This is a salutary tale :

Never allow anyone to store their stuff in your garage ,outbuildings or house without a proper legal agreement if at all !

Don't allow anyone to park on your drive /in your garden either.
My vindictive neighbour has now got one of his friends to park his enormous van right across my access .

Do be very careful / vigilant .
Careful when you answer the door .
Ask you neighbours to keep an eye on your house if you go out .
I'm wishing you lots of luck in resolving this highly unpleasant episode .

Susie42 Sat 25-Jun-22 11:50:49

We nearly bought a house which had two garages but the owners had allowed someone to use one of them. Our solicitor advised us not to proceed with the purchase as it could be very difficult to gain occupancy of the second garage. I agree with what others have said, seek legal advice before doing anything or you could be in the wrong.

effalump Sat 25-Jun-22 15:20:15

Was there a written contract? If not, then I would get a 'man with a van' to take all the 'stuff' and deposit it on the drive of the owner. Either that or give them written warning that if they don't remove it in 28 days, you will take ownership of it. It's probably all wrong but I don't see how someone elses stuff can have 'squatters' rights. Can they prove your mum said they can keep it there indefinitely?

M0nica Sat 25-Jun-22 16:29:53

OPs Mum's promises apply only when she is living. If her inheritor says get it out, this man gets it out. It doesn't matter what the mother said.

Grammaretto Sat 25-Jun-22 18:26:42

Some friends sold their flat recently and moved out. The flat was in a block of 4 with informally divided gardens. This is a typically Scottish phenomenon.
www.rightmove.co.uk/properties/85576278#/?channel=RES_BUY
There had been a dispute about ownership of a garden shed. As my friends were departing for the final time, they noticed their neighbour filling the shed with his belongings and painting his house number on the shed door!
When confronted, he said "Oh I thought you had gone"

The sellers then removed his belongings and changed the lock just in the nick of time. Such a cheek.

biglouis Sat 25-Jun-22 23:45:25

Letter before action.

M0nica Mon 27-Jun-22 13:43:44

If you do not want to use a solicitor. Then send him a letter telling him that he has no contract to use the garage and is not paying rent date. Tell him the date you want the garage empty. T

Tell him that if he has not removed everything by that date. you will employ a house clearer to empty the garage and send him the bill.

Tell him that if it not payed within 2 months you will take him to the small claims court. If he doesn't responed, then you can send the baliffs in. They will recoup the cost from him - he could end up bankrupt.

This kind of behaviour up with which I would not put.

Farzanah Mon 27-Jun-22 14:41:58

Nor me?

biglouis Mon 04-Jul-22 23:55:03

Take note of the advice by GSM.

Solicitor should be able to write a letter for you for a fixed fee. It should set out the terms for removal/disposal of the items and that a rental charge will apply for every week which exceeds the stated date. Also that you will go to court to recoup your costs (iincluding legal costs) for disposal if not removed. Representing yourself in court is quite straightforward and you can do it online via www.moneyclaim.gov.uk

eazybee Tue 05-Jul-22 09:33:53

Winterbaby I am sorry I misjudged your post about your letter; I had assumed it came from the solicitor and was surprised they acted so quickly.
I can only reiterate the advice others are giving. You will have to involve the law, however costly, for your own protection, as it seems that this man lacks the wherewithal physically, financially and mentally to deal with the problem he has created, but will resist viciously any attempt you make to remove his possessions.

biglouis Sat 09-Jul-22 00:24:50

Many solicitors will do an initial 30 minute consultation for a fixed fee and advise you how to proceed. They can also write you an appropriate letter for a set fee. Thereafter any necessary county court action can be organized representing yourself. The procedure can be googled and there are no doubt u-tube videos.

In the unlikely scenario of the owner claiming you disposed of his "valuable" possessions and taking you to court/counter claiming you would then have a paper trail showing that you had given them reasonable notice to empty the garage. and every opportunity to do so. Courts do not like malicious and mischievous claiments. So it might be worth spending a couple of hundred pounds to get the right legal advice.