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Missing Person

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davidmarsden | 17:08 Tue 25th Feb 2020 | Law
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I am 70 years old and live alone in a 4 bedroom hous so i decided to take in a lodger.he was with me for just over three weeks when the police came and arrested
him.the police told me to look in his room and I found
32 used needles and ...50 unused needles,he was a heroin addict.the following night he came back and I told him he could not stay any longer. one hour later the police came and arrested him again,on the first arrest he had been taken to hospital and escaped.it will be two weeks tomorrow since I saw him.i rang the police to find out where was but they said they are not allowed to tell me.he was claiming housing benefit
so I rang them with the same result-not allowed to give any information same with universal credit.i now have a room full of clothes,television,play station etc.does anyone know. how long I have to keep his belongings or any way to find where he is.
regards
david

so I rang them

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As far as the law is concerned with regard to holding onto, or disposing of, the guy's belongings, it's the provisions of the Torts (Interference With Goods Act) 1977 that apply, with you being the 'bailee' and your former tenant being the 'bailor': "If the bailee— (a) has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his...
00:14 Wed 26th Feb 2020
Although you are not a direct victim of crime, you have been affected by this situation and can access support and advice from Victim Support.

https://www.victimsupport.org.uk

Its a free and confidential service, with the answers you need.

As far as the law is concerned with regard to holding onto, or disposing of, the guy's belongings, it's the provisions of the Torts (Interference With Goods Act) 1977 that apply, with you being the 'bailee' and your former tenant being the 'bailor':

"If the bailee—

(a) has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his intention to sell the goods under this subsection, or

(b) has failed to trace or communicate with the bailor with a view to giving him such a notice, after having taken reasonable steps for the purpose,

and is reasonably satisfied that the bailor owns the goods, he shall be entitled, as against the bailor, to sell the goods".

http://www.legislation.gov.uk/ukpga/1977/32

So, once you've 'taken reasonable steps' to try to trace the guy, you can then sell the stuff he left behind. You're obliged to retain the proceeds of such a sale, less any expenses of that sale, and pay them to the 'bailor' upon demand.

You could probably show that you'd 'taken reasonable steps' if you were able to prove (e.g. through copies of correspondence) that you'd asked the relevant agencies (DWP, etc) if they were prepared to forward a letter to the guy if you provided them with a stamped envelope. (They'd almost certainly refuse to do so but that wouldn't matter as you'd then have proof that you'd tried to 'take reasonable steps' to trace the guy).

you can get rid of his gear - drug stuff now
any drugs found you can take straight to a police station but it has to be straight

the rest you should store until you get tired of trying to find him. arrest dies NOT count as abandonment by the way

bear in mind that people in prison have recovered damages for being chicked out willy nilly
ph and you should tell the DoSS that he has gone and they will stop paying you from the day he left ....

not getting any rent does NOT give you any rights - such as being allowed to chuck him out

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