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On January 12th 2010 we got a judgement for possession and rent owed. The tenant was eventually evicted on 11th March by the High Court Enforcement Officers and the locks changed. Despite the tenant getting numerous warnings from us and the HCE officers between 12th Jan and the 11th March, he did not remove any of his furniture or possessions. After the eviction we were still trying to get the rent owed and eventually did on 26th March. The tenant refused to give anyone a forwarding or contact address. I gather that his tenancy ceased on the date of the judgement - 12th January 2010.

According to the RLA Assured Shorthold Tenancy agreement clause A.12 we thought we could now get rid of anything left at the property so that we could get it ready for re-letting however last week a judge in the Swansea County Court said that it was illegal to have such a clause and to act on it.

The tenant is now suggesting that there was some 30,000 worth of possessions there (not substantiated though) and is bringing a claim against us.

Is it the case that the RLA AST is not a legally binding agreement? and even if it is, is 70 days (the time between the end of the tenancy and the removal of the goods) a reasonable time to put off the disposal of the contents?


Graham Smart

12/07/2010 00:00

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