Can my now ex landlord throw all my possessions away?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Can my now ex landlord throw all my possessions away?

    Hi, I recently moved out of a property and left a lot of my possessions in the house...as I could not move them anywhere until 8 days later.

    Now my problem is that my now ex landlord of the house in question, has gone and thrown all my belongings away...the same day he got the keys back for the property.

    What, if any, are my rights regarding him doing such a thing?

    Thank you in advance ;-)

    #2
    Why return the keys if you still need the stuff? Or were you evicted by bailiffs?

    Comment


      #3
      You can sue him in the civil courts for compensation for the loss. You may be able to have a criminal prosecution brought for theft.

      The landlord must give you reasonable notice of the intent to dispose of them, and keep them safe until then. He can charge you cor the cost of safe storage. He should try and realise their market value when disposing of them, and give you any profits, less any costs of storage and disposal, Google Tort Interference with Goods for more details.

      Having said that, you should not have left them behind.

      Comment


        #4
        As far as I have read and heard the LL has to give you certain amount of reasonable time to collect your possessions. Now reasonable is open for debate. Maybe some can throw some light on this.

        Comment


          #5
          If you have returned the keys, then you are surrendering the house and pretty much abandoned your stuff, unless you explicitly told him you haven't (and thus still renting the house)

          If you got evicted, landlord is supposed to keep your stuff for a reasonable amount of time (say 2 weeks) to collect your stuff, the landlord is not obliged to keep your stuff inside the house, he could have it in storage or piled up in garage for example.

          I have had many tenants leaving all kinds of stuff at the end of tenancy, no one ever came back for their stuff, and it is usually a chore for me to arrange to throw them out. I think it would be unreasonable to expect the landlord to leave the property empty as free storage for your stuff, as you have effectively stopped paying rent after you returned the house.

          Comment


            #6
            It's not possible to end the tenancy and then return 8 days later for your possessions.
            At the point the tenancy ends, your use of the property ends and you have no right to leave things there.

            Your landlord can't just throw the items out, unless they genuinely believe them to be simply rubbish left there which should have been thrown away.

            You can, if you want, try and sue the landlord for the (depreciated) value of what you have lost.
            The landlord can counter claim for the costs of disposal.

            Have fun!
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Like driving on M4 at 87mph you MAY not do so but you CAN.

              Sue him, LBA today, MCoL after it expires. What evidence do you have of your belongings - list, photos (ideally date-stamped)
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                O/p, if I was not used to the left leaning posts of some members here, I might think that suggestions about suing your landlord were windups, intended to cost you money.

                Frankly, I don't think you have a leg to stand on.

                Comment


                  #9
                  It depends on the value of what was misappropriated. If something was really valuable, you should, of course sue

                  Although you were wrong for leaving items behind, the landlord was acting illegally by disposing them without following the Tort Interference with Goods Act process.

                  Comment


                    #10
                    Tenants should LBA landlords then at the very least consider suing landlords or agents if they feel they have a case.

                    Landlords should likewise with tenants or agents, indeed ensuring those with no funds or PAYE job get a CCJ.

                    I am at a loss to see what is "left-wing" (or indeed "right-wing") about that view.

                    Could anyone explain to a confused 70-yr old, please?

                    Best wishes to all.
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      In an idea world, everyone follows the law etc.

                      However civil lawsuits are expensive, and time consuming.

                      In this case, tenant can of course sue the landlord for value of the possession disposed of, which I doubt can reach thousands of pounds in value.

                      The landlord of course then counter sue, for the cost of keeping the house empty, disposal, clean up costs etc.

                      So in practice, both side chalks it up as a loss and move on, otherwise the country court system would be clogged up with all kinds of mini claims.

                      Comment


                        #12
                        Originally posted by spiritdreams View Post

                        In an idea world, everyone follows the law etc.

                        However civil lawsuits are expensive, ......
                        Small claims charges....
                        https://www.gov.uk/make-court-claim-...ney/court-fees
                        If you know the claim amount

                        The court fee is based on the amount you’re claiming, plus interest.
                        Claim amount............Paper form fee ...................Online claim fee
                        Up to £300 ....................£35 ....................................£25
                        £300.01 to £500 ............£50 ....................................£35
                        £500.01 to £1,000 .........£70 ....................................£60
                        £1,000.01 to £1,500 ......£80 ....................................£70
                        £1,500.01 to £3,000 ....£115 ...................................£105
                        £3,000.01 to £5,000 ....£205 ...................................£185
                        £5,000.01 to £10,000 ...£455 ..................................£410
                        - I think they ain't bad....

                        I've done small claims, not too painful.
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          Originally posted by spiritdreams View Post
                          The landlord of course then counter sue, for the cost of keeping the house empty, disposal, clean up costs etc
                          Those costs (other than keeping the property empty) will probably be claimed from the deposit.
                          The tenant will decline them, because of their own loss.
                          The deposit adjudication can't resolve that dispute.

                          So in order to avoid the landlord using the rest of the deposit as leverage and getting their own costs as well as destroying the tenant's property, the tenant doesn't have a great deal of choice (in my view).


                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            I'm wondering if this is another essay question as o/p logged off after posting it, and has not been back since.

                            Comment

                            Latest Activity

                            Collapse

                            • Destroying property begins
                              Ash-uk
                              Further to my earlier post

                              the tennants have knocked a wall that supports the exterior roof for a bay fronted roof

                              in th garden I can see they have ripped the toilet out and and windows

                              possessing hearing is 1st is may

                              they are gona destroy the house...
                              19-04-2019, 22:08 PM
                            • Reply to Destroying property begins
                              spiritdreams
                              I am very sorry to hear that.

                              You may be able to call the police for malicous damage.

                              Property insurance for landlords, normally do not cover malicous damage by default, only accidental, however it is usually available as part of additional premium. Check your coverage small...
                              20-04-2019, 08:16 AM
                            • Reply to Destroying property begins
                              Hudson01
                              I am not experienced enough to offer the advice i know you need, but is suspect (as you have seen) that the police will be of no use in this instance, they will still see it as a civil dispute right up and until the whole interior is destroyed. I am so sorry this is happening to you and i trust a member...
                              20-04-2019, 07:09 AM
                            • Slightly painful tenant
                              Awesomestow
                              Wondered if anyone has thoughts on use of s21 (while we still can!) when a tenant has been great at paying rent but is just very demanding - significantly more work than the other four properties combined. The main issue is mould on the walls - it’s an old building recently refitted to modern insulation...
                              19-04-2019, 10:02 AM
                            • Reply to Slightly painful tenant
                              buzzard1994
                              Tell the tenant the property is not suitable for their lifestyle and invite them to leave, s21 if they dont.
                              19-04-2019, 21:45 PM
                            • Reply to Slightly painful tenant
                              Awesomestow
                              Thanks all. I suspect leaving the whisper quiet extractor fan on will fix the problem. Hard to tell because he hasn't left it on. And if he turns that off he'll turn off a PIV system too.

                              MdeB - yes Jpkeates is right. Warmer air can hold more moisture so there's more water to condense...
                              19-04-2019, 17:53 PM
                            • Reply to Slightly painful tenant
                              jpkeates
                              The moisture that's in the air has to go somewhere, if the updated insulation has closed off where it used to escape, it'll hang around until it finds a cooler surface to condense on.

                              If a damp expert declined to do anything about it, that suggests that whatever they could do, they knew...
                              19-04-2019, 17:26 PM
                            • Landlord trying to keep deposit
                              cherrie
                              My former landlord and letting agent are trying to withheld my deposit. (England 12month AST).
                              They are trying to claim I caused damage to the carpets and walls but this damage actually belongs to the second flat in the same building and was caused by the previous tenant of that flat who left...
                              15-04-2019, 18:04 PM
                            • Reply to Landlord trying to keep deposit
                              jpkeates
                              While it's common to give the Prescribed Information to the tenant with the Tenancy Agreement it can backfire if the deposit isn't actually protected at that point, because the Prescribed Information is technically not correct.

                              It will be almost impossible to take legal action from outside...
                              19-04-2019, 17:19 PM
                            • Reply to Landlord trying to keep deposit
                              cherrie
                              Thank you for all your help.

                              The prescribed information was signed by myself and the letting agent at the same time the tenancy agreement was signed and the keys were handed over. I wasn’t actually given a chance to read the prescribed information before I signed it. The prescribed information...
                              19-04-2019, 16:43 PM
                            Working...
                            X