Q&As

Can a client remove goods from a storage unit which has been abandoned by his tenant. The issue is not whether he is an involuntary bailee and what he can do with the goods but whether the agreement between my client and the tenant creates a lease. The agreement is a simple sheet of A4, which states that the tenant rents the storage unit for one year and that rent is payable on a monthly basis. The agreement also states that the tenant is to give one month's notice to quit. The tenant paid the first month's rent and a deposit and has since left without notice or forwarding address. My client has tried to make contact but no luck. Was a tenancy created with this agreement and, if so, how does my client regain possession of his property in this situation?

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Published on LexisPSL on 28/10/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Can a client remove goods from a storage unit which has been abandoned by his tenant. The issue is not whether he is an involuntary bailee and what he can do with the goods but whether the agreement between my client and the tenant creates a lease. The agreement is a simple sheet of A4, which states that the tenant rents the storage unit for one year and that rent is payable on a monthly basis. The agreement also states that the tenant is to give one month's notice to quit. The tenant paid the first month's rent and a deposit and has since left without notice or forwarding address. My client has tried to make contact but no luck. Was a tenancy created with this agreement and, if so, how does my client regain possession of his property in this situation?
  • Was a tenancy created with this agreement?
  • If so, how does my client regain possession of his property?
  • Surrender by operation of law
  • Abandonment

Can a client remove goods from a storage unit which has been abandoned by his tenant. The issue is not whether he is an involuntary bailee and what he can do with the goods but whether the agreement between my client and the tenant creates a lease. The agreement is a simple sheet of A4, which states that the tenant rents the storage unit for one year and that rent is payable on a monthly basis. The agreement also states that the tenant is to give one month's notice to quit. The tenant paid the first month's rent and a deposit and has since left without notice or forwarding address. My client has tried to make contact but no luck. Was a tenancy created with this agreement and, if so, how does my client regain possession of his property in this situation?

Was a tenancy created with this agreement?

As the term is less than three years, it can still be a valid lease even though it was not by deed.

Accordingly, it is possible that a tenancy has arisen based , so long as there is exclusive possession (see commentary Halsburys Laws of England, 8. Nature of grant of exclusive possession) certainty of term and payment of rent. The tenancy may also have been Landlord and Tenant Act 1954 (LTA 1954) protected on the basis that

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