Landlord accusing me of theft

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

  • Landlord accusing me of theft

    My previous landlord has made a statement to the police and has told them that I have stolen his oven.

    The problem is that the day after my tenancy started I told the landlord that his oven was broken. I told him that I had an oven of my own that I could use and asked him if he wanted to collect his broken oven. He said that that was fine and he didn’t want the broken oven so I left it outside where it stayed for a week until the local scrap man spotted it and disposed of it for us. The conversation with the landlord regarding his broken oven took place over the telephone so unfortunately I have no written proof of this but my girlfriend can confirm the conversation as she was present.

    After moving out of this property my landlord has decided to forget that his oven was disposed of on the second day of our tenancy as it was broken by previous tenants and has decided to try and get me charged with stealing his property.

    There was no inventry in place, he took no deposit from us, he didnt ask us for references that he could check up on. So, he has taken no steps to protect himself and now that things have gone bad for him he feels that lying to the police is the way for him to go.

  • #2
    Did you leave an oven of any sort after vacating?

    Comment


    • #3
      Originally posted by Poppy View Post
      Did you leave an oven of any sort after vacating?

      Replacing items over wear and tear is not the problem here as his oven was broken by previous tenants. A tenancy agreement is not a new for old insurance policy and asking me to replace a broken oven on the second day of my tenancy is going a bit too far.

      But to answer your question, no, there was no oven left of any sort after vacating. Learning from this experience has told me that i should have kept his broken oven until i moved out so that he could still be left with an oven. But then with this mans personality i would still be looking at replacing his oven that he would now be saying that i broke.

      Comment


      • #4
        Oh dear! Total lack of communication between y'all.

        On the face of it, you have not even left the ex-landlord with an oven that he can repair if he so chose.

        Wouldn't you be annoyed if you were in your ex-landlord's shoes?

        Going to the Police is not really the answer.

        Comment


        • #5
          I would be surprised if the police took any interest in this, it sounds like a civil matter to me.
          I also post as Moderator2 when moderating

          Comment


          • #6
            Unfortunatly the police did were involved. Myself and my gf were both arrested, interviewed, photographed, had fingerprints and DNA samples taken and were released on bail. My GF feels violated for having to give her DNA and fingerprints just because of somebody elses lies. She also risked losing her job as she cannot have a criminal record.

            Comment


            • #7
              So, how do you propose to resolve the situation with your ex-landlord?

              Comment


              • #8
                Originally posted by dazza-uk View Post
                Replacing items over wear and tear is not the problem here as his oven was broken by previous tenants. A tenancy agreement is not a new for old insurance policy and asking me to replace a broken oven on the second day of my tenancy is going a bit too far.

                But to answer your question, no, there was no oven left of any sort after vacating. Learning from this experience has told me that i should have kept his broken oven until i moved out so that he could still be left with an oven. But then with this mans personality i would still be looking at replacing his oven that he would now be saying that i broke.
                I think this tenant has been treated unfairly by the LL. Since the police have been involved and T has (it seems) admitted getting rid of the old broken oven with no written proof that LL allowed that, I think T only has three options (despite the fact there is no inventory, which would normally get him off the hook).

                1.Leave the new oven that T himself purchased, in situ.
                2. Buy a new oven for the property and leave that
                3. Buy a second hand oven (not necessarily working) - buy/scrounge one from the council tip if need be - and leave that behind instead. He is not obliged to replace original item with something better.

                Needless to say, I would be going for option 3.

                The LL had a duty to provide a working oven and failed to do that. T helped him out of a hole and is now being punished for it. Morally T owes LL nothing, in fact, LL owes T.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                • #9
                  I am aghast....you cannot accept this. That arrest will stay on your file forever. There is absolutely no way I would be buying any oven - you may as well admit your guilt. Get all the proof you can - do you know who the scrap man was? Did anyone see the oven outside? Do you have at least phone records to prove calls were made? What I do not understand is what the LL hopes to gain; he has "lost" a broken oven. Ovens cost buttons 2nd hand. Why go to all this trouble. And the Police? I am sorry but I find it almost impossible to believe they would get involved. It is your word against the LLs. I would be jumping up and down and sueing for wrongful arrest - that is unless there is more to this story that you are telling us...
                  And as a Magistrate myself I can't see how the CPS can take this forward? Have you spoken to a good CRIMINAL solicitor (specialist)? If not, do so, NOW!
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

                  Comment


                  • #10
                    Get it in writing

                    If your story is accurate dazza-uk, it is a pity that the Police have seen fit to take the course of action they have so far.

                    To other tenants with non-working appliances - you must insist in writing to your landlord that the appliance is repaired. Always resolve the matter amicably and with the co-operation of your landlord. If your landlord does not act quickly enough for your liking, write again stating that you will have the appliance repaired and deduct the cost from the rent.

                    If matters are remain unresolved you should vacate the property at the end of your tenancy.

                    Do not throw out other people's property, unless express permission in writing is given. CYA - cover your arse!

                    Comment


                    • #11
                      Originally posted by dazza-uk View Post
                      Unfortunatly the police did were involved. Myself and my gf were both arrested, interviewed, photographed, had fingerprints and DNA samples taken and were released on bail. My GF feels violated for having to give her DNA and fingerprints just because of somebody elses lies. She also risked losing her job as she cannot have a criminal record.
                      That seems a bit excessive just for an oven that the landlord couldn't prove was in the property via an inventory. Is that all you were charged with or were there other elements to the charge?

                      I think this confirms yet again that it is vital to keep records of communication between parties especially when it involves removing the landlords goods from a property, whether working or not.
                      My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

                      Comment


                      • #12
                        Poppy and Oaktree - you are absolutely right. I look forward to further info from dazza-uk
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment


                        • #13
                          Originally posted by islandgirl View Post
                          I am aghast....you cannot accept this. That arrest will stay on your file forever. There is absolutely no way I would be buying any oven - you may as well admit your guilt. Get all the proof you can - do you know who the scrap man was? Did anyone see the oven outside? Do you have at least phone records to prove calls were made? What I do not understand is what the LL hopes to gain; he has "lost" a broken oven. Ovens cost buttons 2nd hand. Why go to all this trouble. And the Police? I am sorry but I find it almost impossible to believe they would get involved. It is your word against the LLs. I would be jumping up and down and sueing for wrongful arrest - that is unless there is more to this story that you are telling us...
                          And as a Magistrate myself I can't see how the CPS can take this forward? Have you spoken to a good CRIMINAL solicitor (specialist)? If not, do so, NOW!
                          In a nutshell we moved into a property, threw away a broken oven, moved out and get arrested for stealing his oven. The police did say that they expect the CPS to throw it out but then i still have the future hassle of him trying this in the civil courts.

                          I did not post this here for sympathy i just want to tell it so that people can read and learn from my mistake.

                          Comment


                          • #14
                            You have not answered my question dazza-uk. I'll modify it.

                            How do you propose to resolve the situation with your ex-landlord, so that your problems are not compounded by civil legal action?

                            Comment


                            • #15
                              Originally posted by islandgirl View Post
                              I am aghast....you cannot accept this. That arrest will stay on your file forever. There is absolutely no way I would be buying any oven - you may as well admit your guilt. Get all the proof you can - do you know who the scrap man was? Did anyone see the oven outside? Do you have at least phone records to prove calls were made?
                              Presumably all this has been gone through and OP has told the police what he did with the oven. There would be no point now in saying 'It's his word against mine' - sounds as if T has admitted that he disposed of the oven without written permission. I agree it's ridiculous but what's done is done. He cannot now claim he didn't get rid of it - is that what you are suggesting?

                              Whether he got rid of it to a scrap merchant or to his granny in Australia is immaterial.
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X