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Involuntary bailment or or something else?

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  • Involuntary bailment or or something else?

    Hello,

    I hired a ball pit / ice cream machine etc for an event, and the company hasn't picked the items up as agreed. The first of these things is taking up way too much floor space, and the novelty of the second is wearing off...

    Company is being uncommunicative. I'm guessing they're minimizing their transport cost by picking up whenever suits them. Lots of guidance on tenants leaving stuff behind for landlords, but nothing I've seen on this type of situation. I'd rather not issue a 14 day notice - want the stuff out tomorrow. Is the situation different because they are hired goods, or because I'm dealing with a company vs person? (I assume it is incorporated rather than sole trader; I'm not actually sure).

    Ta!
    Tags: None

  • #2
    The situation is no different whether it is goods belonging to a tenant or someone borrowing an old antique, you still have certain obligations under goods borrowed.

    The starting point is to look at any written terms of the hire agreement and see where the onus lies for returning them. If there is no written agreement or the terms are silent on the obligations to return then you have the right to give them notice to collect the goods otherwise you will dispose of them yourself. The law says you must give reasonable notice to allow the owner to collect their belongings so if you decide to shift the stuff tomorrow without giving them any prior written warning, then you will be held accountable and they could pursue you for any loss of money.

    Have a look at the link below, there is a template for giving notice under the relevant law (the document is under section 1(d) of the templates list). Send a covering letter enclosing the notice and fill in the missing information on the notice but I would allow 14 days as a minimum.

    http://legalbeagles.info/forums/foru...t-of-templates

    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    • #3
      Thank you

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