Person left country and free storage.

[The GodMother]

This would be for a neighbour but also me as l dont have to hear about it. 

Neighbours brother left country nearly 2 yrs ago. He has left bedroom furniture, living room furniture and other bits, at various peoples property. Incase he comes home. This was originally going to be a temporary measure as he could not find and sort storage in time. House was sold and work wanting him moved over quickly. The company has provided a fully furnished house. He works for a multi national company and not short of money. 

Currently my neighbour has a dismantled 4 door wardrobe, 2 bedside tables, 2 3 drawer units, side table set, 2 about 6 ft tall statues they are Very heavy, a small statue about 1 foot tall, 2 person dining table with chairs, loads of tools a bookcase and various other bits in his shed. As you can imagine these are taking up room and he wants them out.

He has asked brother to find somewhere else to store it but this will cost money as someone will need to be paid to move the items and put them elsewhere. Other family members are also annoyed with the situation. 

Another family member has offered some garden space but a shed would need buying which he does not want to do. It would cost between £1,500 and £2,000 in total for shed having it put up and treated this shed would hold Everything from across the houses. Then moving fees on top of up to £1,000. Further to this he has to pay for someone to come out and do necessary checks and shed general maintence every year £50 for once a year including treatment and general maintence extra if non general is needed. General includes inside and outside checks eg windows, doors,  roof, if water tight, screws tightening nails putting in or replacing painting with the shed treatment stuff. Extras if roof needs replacing window replacing  doors replacing etc. He has turned this down due to costs. 

My neighbour wants to know where he stands eg can he go threw the stuff and sell what he can donate what he cant or even take to tip what cant be got rid of. 

The statues could make £2-3k between the 3 from rough estimates of auctioneers or even  scrap value of up to £2k. Minus a cut for the scrap person. Other  stuff depends on the day etc. 

Obviously he would make sure he does inform him before getting rid of anything by email and post. 

[BankFodder]

This sounds like the kind of brother that nobody really needs.

Anyway, the people who are looking after his property are gratuitous bailees – bailees at will. As such, they have no contractual obligations so that they have a great deal of flexibility and discretion as to what they do with the property.
However, they do have the duty to look after the property and take all reasonable care to make sure that it's not damaged while it is in their custody.

They can terminate the bailment whenever they want and so they should write to the brother and inform him that it has gone on too long and they can't manage it any more.
They want to know what he would like to do with the property but they are only giving him one month to sort it out after which time they will take their own action to have the items taken away.
They will do their best to get a price for the items but if any expenses are incurred having them moved, those expenses will be deducted from any money which is gained from the sale of the items after which the balance will be remitted to him, the brother.

Of course it's up to them – but I would urge them not to get involved in any kind of procrastination from the brother. They should be resolute and they should understand that even if this causes a problem in their relations with the brother, this will eventually be forgotten and things will continue.

They shouldn't get into an arrangement where they start charging for storage unless it is very clear that this is still a bailment at will and that they, the bailees, reserve the right to terminate the bailment at any time on a months notice and that in that case, the steps outlined above – disposal, deduction of expenses and accounting – will all be implemented.

 

[The GodMother]

So there is no such thing as its been in our care for 6 months after we have asked you to move it or after our initial agreement so its ours to do what we like with. 

The initial agreement was temporary 6 mths as he was ment to have leave then. This got pushed back by 2 mths but then leaving country was not able to be done. He has claimed due to the time zone contacting places is a problem. I agree it can be but email does not have a time zone. 

The family would not be charging for storage just expecting him to pay for the shed removals to shed and maintence. The maintence was able to be done when the guy comes and does the other shed and fencing so it was as a group booking discount. 

Also a key to the lock would need to be held by family member for access incase needed. 

 

[honeybee13]

I understood that you said the brother doesn't want the shed solution?

HB

[The GodMother]

He does not. I was going of what BankFodder said in the last paragraph. He said about charging for storage. 

Is there a rule where if its been in someones possession for xx time after initial agreement then the brother has no claim to it. 

 

[The GodMother]

Neighbour wife spoke to CAB, she did not know hubby had spoken to me as different shifts, the CAB has said that as they have been in there possession for over 6 mths then it up to them what they do with it and nothing has to be given to the brother. 

Is this true as l have just run outside to tell her to stop throwing it out of shed as they need to give him notice.