Disposal Of Junk

[2sp_]

My estranged brother has left a shed full of "stuff" (mostly junk) at my mother's house. He has not spoken to me in nearly 5 (blissful) years, and has only been in contact with her once in the same time. That was when he turned up at hers to take some of his belongings away about 2 years ago. At that time he said he would return within 2 weeks to remove the rest.

He still hasn't shown up, and I'm trying to convince my mum to just dump his stuff. We have no idea where he lives and have no desire to reconcile with him. She wants to put her house on the market but can't really sell it when there is a shed full of junk!

She is concerned that he will somehow take her to court if she disposes of his belongings. Can any of our legal eagles advise me please?

(Scots Law)

[jackthehat]

If she writes him a letter advising him that he has 28 days to come and remove his property, that would pretty much cover her.
Or get a Solicitor to word it correctly (for Scotland) so that your brother is in no doubt that his belongings will be disposed of if he fails to collect them by the 28 day cut-off point.
Do you know where he stays?

[2sp_]

Thank you for the answer JTH. He has moved from the last address we had for him and he has no contact with any family at all.

His last visit to my mum was after she sent him a text to say that he had 28 days to get his stuff out or she would dispose of it. As I say, that was just over 2 years ago and he's still not come back for the rest of it.

[bednobs]

does she still have his mobile number?
in any case, it might be an idea to inventory what's there (in case he claims he had a Renoir stored there)

[jackthehat]

I agree with bednobs......take an inventory, possibly with photographs.
One way to concentrate his mind might be to text him and say that Mum will be throwing out the obvious junk and selling anything salvageable....and keeping the money herself.
He'll either shrug his shoulders and be happy to let her do the hard work, or he'll get all possessive over his belongings and come and get them himself because he'll believe there is some value in them.

[2sp_]

Hi Bednobs, thanks for answering.

She doesn't have a number for him either. An inventory is a good idea, although it's all junk! The shed it's been stored it sprung a leak a few years back so it's all pretty damaged now anyway.

[woofgang]

useful advice here, apparently there is a five year cut off
https://www.citizensadvice.org.uk/scotland/consumer/somethings-gone-wrong-with-a-purchase/lost-found-and-uncollected-goods/

[2sp_]

Thanks for that woofgang!

[Buenchico]

The relevant part of the Torts (Interference with Goods) Act 1977 state:
"If the bailee [your mother] . . . has failed to trace or communicate with the bailor [your brother] with a view to giving him such a notice [regarding collection of the goods], 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.
. . .
A bailee exercising his powers [to sell the goods] shall be liable to account to the bailor for the proceeds of sale, less any costs of sale, and the account shall be taken on the footing that the bailee should have adopted the best method of sale reasonably available in the circumstances"

So if any of the items in the shed might be 'saleable' it's important that some effort to sell them is made (rather than, say, simply donating them to a charity shop) as your brother would be entitled to the proceeds of any such sale (less any expenses occurred in making it).

[atalanta]

If still in doubt, consult the citizens advice bureau. I had exactly this problem ( ex-lodger) and they gave me chapter-and-verse for what to do.

[fiction-factory]

If she does sell and moves then he may not know her new address and so may find it difficult to pursue her anyway