Unwanted LPG gas tank

[TeeDog]

Hi all.

This year we purchased a house with an underground LPG gas tank. This was rented from the gas provider by the previous owner (now deceased). We were made aware of the tank when we pruchsed the house. They sent us a contract to take over the rental, which we declined to sign and we have never topped up the tank. We now have a heat pump and the tank is safely capped. HOwever, we would like the tank excavated and removed as it massively restricts how we can use our garden. We have spoken to the tank owners and they say they will remove the tank if we excavate it. Or they can excavate it for us for a price of several thousand pounds. I suggested leaving the tank and decomissioning for which they also gave a price of several thousand pounds due to the cost of them losing the tank. Everyone I have spoken to about excavating it has said they wouldnt risk it being done by anyone but the tank owner. My feeling is that we dont have a contract to rent it and we dont want it on our property and so am tempted to let them know that they have X amount of time to excavate and remove it themselves (with no payment from oursleves) otherwise we will be decommisioning it ourselves or selling it. Any idea where we stand legally with such a situation? Are we stuck with paying them extornionate amounts to remove a tank we do not want and does not belong to us?

[des8]

It seems to me that your position is covered in The Torts (Interference with Goods) Act 1977 .(the Act)

You are involuntary bailees for the tank, and require its removal.
The owners are liable for the costs of removal
If the owners decline to deal with the matter you may, after certain formalities, dispose of the tank.
You should endeavour to attain the market price for said item(auction?), and having first deducting your costs you retain any balance for the owner.

Schedule 1 of the Act details the formalities (https://www.legislation.gov.uk/ukpga/1977/32/schedule/1)

[atticus]

Hold on. Do you know who caused the tank to be buried? These things do not have to be underground.

The problem with giving notice pursuant to Schedule 1 of the Torts (Interference with Goods) Act 1977 is the the tank is not ready for delivery to its owner. (Sch 1, para 1(3))

[des8]

OK, but what exactly is an involuntary bailee meant to do when the goods are in a position where interference with them to make them "ready for delivery" could cause damage and therefore a trespass by the said bailee.
If the Bailees tells the bailor the goods are there for delivery (ie recovery by the bailor) wouldn't that be sufficient?

In other words, assuming the bailee was not responsible for the tank being buried, how ready does ready have to be?

[EXC]

Hold on. Do you know who caused the tank to be buried? These things do not have to be underground.

When I bought my house it had a really ugly over-ground tank plonked right in the middle of the front garden and I wanted it underground. I had to have one that is designed for it, so I rent one from Calor who delivered and installed it and also maintain it. So I imagine the OP's rental company installed themselves.

[PallasAthena]

Teedog have you asked the vendors (executors of the deceased previous owner?) if they have the original contract documents relating to the installation?

[atticus]

Don't imagine or assume. Check facts and verify.

[TeeDog]

Teedog have you asked the vendors (executors of the deceased previous owner?) if they have the original contract documents relating to the installation?

Unfortunately the executors had almost no paperwork for anything to do with the property- certainly nothing to do with the tank.

[PallasAthena]

Does the tank supplier have any standard T&C on their website that might indicate who pays what if a tank is removed?

[EXC]

Unfortunately the executors had almost no paperwork for anything to do with the property- certainly nothing to do with the tank.

Who is the gas company that provided the tank?

[TeeDog]

Does the tank supplier have any standard T&C on their website that might indicate who pays what if a tank is removed?

I couldnt find anythign on the website but their contract (the one we didnt sign) says they will remove for free if the contract has expired (2 year contract) but excavation falls on the ex- customer. If within contract, both excavation and uplift falls on the customer.

[TeeDog]

Who is the gas company that provided the tank?

Flo-Gas are current owers. Thouugh the lid says calor and as you can switch providers and they will buy out the tank, there's certainly a chance it was originally installed by calor. No way to confrim though.