Landlord Has Thrown Away Our Personal Possessions

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    Landlord Has Thrown Away Our Personal Possessions

    Hi All

    I wonder if anyone could give me some advice. We moved into a privately rented flat 18months ago. At the beginning of the month the landlord told us we would need to move out of the flat as he was moving abroad and selling his own house and that he wanted to use this flat so he had somewhere to stay when he returned for a holiday. He agreed that we could have the other flat in the property, as the previous tenants had moved out a couple of months ago.
    He told us that we had until October to move but he would require the use of our spare room in July to store his own property, we agreed to this on the understanding that we could start moving our property from our current spare room the flat upstairs immediately. He agreed to this and after checking the flat upstairs we told him there was nothing there and started to move our belonings.
    This weekend we took some further items upstairs only to discover that everything we had taken up had vanished. I phoned the landlord immediately and was told that he thought it was the previous tenants property and had disposed of it.
    In view of the fact that technically we are not renting this flat at the moment is there any form of redress I can take. The actual financial value of the property was not that high but there were irreplaceable treasured items of personal memorabilia and also all our winter clothing.
    Any advice would be appreciated, Thanks

    #2
    This seems to be covered by the Torts (Interference with Goods) Act 1977. You should seek compensation from the landlord, and if not, sue for any items that you can prove were disposed of.

    Of course, suing is likely to result in an s21 notice some time soon.

    Comment


      #3
      Thanks Snorkerz
      I'll get in touch with the landlord again, when I've calmed down, and request compensation.

      Comment


        #4
        search on here for what a LL is SUPPOSED to do with property! At least you will know what should have happened!
        Unshackled by the chains of idle vanity, A modest manatee, that's me

        Comment


          #5
          Hi Islandgirl

          I understand what the landlord should do with our property if we had moved out of the flat, however we are still living in the downstairs flat and will be moving into the flat upstairs in a few months. We were only moving our things upstairs, with the landlords knowledge, in order to accomodate his request that he could move his items into the flat we are living in from July.

          Comment


            #6
            yes but knowing this the LL presumably had a duty of care towards your goods - depends if you told him in writing what you were doing and when!
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              Hang on.

              The flat had been empty for a couple of months.

              The OP informs landlord flat is empty.

              Landlord agrees OP can move belongings into flat.

              Landlord removes belongings.

              ???

              Comment


                #8
                Hi Lawcruncher

                No I didn't inform the landlord the flat was empty, after looking round the flat I told him the previous tenants had left none of their effects in the flat. The landlord was aware the previous tenants had vacated the premises which is why he said we could have this flat and gave us the key so we could move our items into it.

                Comment


                  #9
                  But does that abandonment sufficiently prove the termination of oldT's tenancy?
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Hi Again

                    The previous tenants had purchased their own property and left at the end of their lease with the landlords knowledge and the knowledge of the letting agents he had used with them.

                    Comment


                      #11
                      Good! If T leaves on fixed-term expiry, no SPT can arise; so L is at once free to relet.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Hi Again Jeffrey

                        I'm sorry but I don't understand the relevance of this to the landlord disposing of our possessions.

                        Comment


                          #13
                          None directly, but it points towards L knowing your legal position as T2 and having no grounds for confusion vis-a-vis T1's goods.
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                            #14
                            Thanks Jeffrey the penny has just dropped, please excuse my ignorance before.

                            Comment

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