T problem with LL.... 3

JoeZ

Hi again!

as i mentioned, i had been in the skip the LL hired to remove his trees / wood / broken window / window fitters used equipment etc. This was because i accidentally left some property in a cupboard. We left on Saturday 1st August and LL ws there hurrying us all, really harassing us! I overlooked one cupboard.

Monday morning i ring LL to make him aware i would like to collect stuff, he says ok, ring agent to meet me there. I ring agent and arrange to meet at the house tuesday lunch. Tuesday, agent rings just before to advise unable to make appointment. Rebooked Thursday lunch. Thursday same thing happens and agent says dont worry, I have the stuff you left.

After all the messing with LL, we witheld the last months rent to offset deposit, naughty but LL had already said he was going to get money back somehow after he tried to get us to pay for his drainage problem the day we moved in! So we held back 1 month rent, agent said i could have items back but 1 item missing, the most expensive. I ring LL and he says contractor must have thrown item in skip outside, so i spend an hour digging around in this grotty skip, no item.

Transpires LL does have it and allowed me to root around in that skip knowing he had the item i was looking for. (funny when i look back i suppose but still, what an idiot he is for doing that!) he says will swap for the £477. I have to say ok or he says he will sell the item he removed from the house. Due to take cash to agent to swap for all my items on friday.

so.... I'd imagine i'll be asked to sign something so LL can get deposit back from TDS, i will have to do this or will lose my item. Can i then speak to TDS and say i signed under duress and wish to retract signature and then battle his supposed costs with them as i would have had he not been in possession of my stuff?

thanks,
any other ideas how i can extract money from this total nightmare of a landlord would be greatly appreciated. We were good tenants and let him off with loads of stuff throughout our stay just for him to poo on us right at the end!

cheers guys.
Joe

clutton_2

"" I'd imagine i'll be asked to sign something so LL can get deposit back from TDS, ""

yes you have to use the TDS T&CS. but - if you have withheld your last months rent you are not entitled to your deposit back

JoeZ

clutton wrote: »

"" I'd imagine i'll be asked to sign something so LL can get deposit back from TDS, ""

yes you have to use the TDS T&CS. but - if you have withheld your last months rent you are not entitled to your deposit back

the last months rent will offset the deposit, it's the £477 he has charged that i will be wanting back.

I could hand over £1000 instead of the £477 which means he would still have the deposit, i could then contest his costs with TDS couldnt i? Thing is, he might have already thought of this and if i make that £1000 rent offer, he might retract his offer to give back my stuff and sell it, nothing i can do if he does is there?

here is agents reply when i asked for my stuff yesterday when i found out LL had indeed took possession....

Hi Joe
Unfortunately, I cannot reassure you/tell you any more than yesterday save that we are looking forward to receiving the outstanding monies and then every effort will be made to return your property.
(I wouold refer you to para 49 of your Tenancy Agreement, which states:-
In the event that any of the Tenant’s belongings are left in the property after the Tenant has vacated it such belongings will be deemed to be abandoned and the Landlord or Landlords Agent may remove sell or dispose of these without being liable to pay any compensation. The Tenant will be liable for all costs of removal and disposal or any other losses and these costs and losses may be taken out of any deposit.)

clutton_2

then pay the rent - you have it in writing that you will get your belongings back if you do

legally he is right - you have abandoned your property

yes you can contest the repairs deductions - as long as you have evidence

how much notice did you give when you left ?

RabbitMad

Surely if the LL admits to having the item its theft? Get the agent to agree to return the glove when you pay the money and arrange a specific time to go to the agency.

When you get there if they won't hand it over phone the police.

JoeZ

RabbitMad wrote: »

Surely if the LL admits to having the item its theft? Get the agent to agree to return the glove when you pay the money and arrange a specific time to go to the agency.

When you get there if they won't hand it over phone the police.

Thats what i was thinking but wanted to see if someone would suggest it. I have already reported items stolen as LL said originally the contractors must have thrown them in the skip (they werent in there and LL had it all along, he has admitted as such and taken item to agent)

I am supposed to go to the agent on friday afternoon to collect them and hand over the money. Do you suggest i turn up promising cash and when the items are on the table, take them and if physically stopped call the police as they are legitimately mine? Then deal with the dispute of the LL's money as a totally separate matter with TDS?

thanks for the help.

RabbitMad

I certainly would be tempted to turn up promising the money (final months rent only and dispute any deductions) but then not hand it over but take my belongings. Thats what I was suggesting.

The LL can have the deposit from the TDS for the last months rent and take you to the small claims court for the rest, but I would counter this with the LA / LL by pointing out they are handling stolen property and report them to the police.

I'd also consider a hidden video camera / camera phone videoing the encounter.

JoeZ

RabbitMad wrote: »

I certainly would be tempted to turn up promising the money (final months rent only and dispute any deductions) but then not hand it over but take my belongings. Thats what I was suggesting.

The LL can have the deposit from the TDS for the last months rent and take you to the small claims court for the rest, but I would counter this with the LA / LL by pointing out they are handling stolen property and report them to the police.

I'd also consider a hidden video camera / camera phone videoing the encounter.

thanks for the advice and i like your style Rabbitmad, I would love to do that but have had time to think and if i go in with that mindset, people will get hurt and i'll end up doing time. With some job prospects coming up, i cant afford that at the moment.
I have friends in the same business as this guy so he might find himself losing out somewhere down the line. He has lost a few months potential rent now anyway, i suppose thats what happens when you annoy your tenants and then ask them to show prospective tenants around the house.

thanks guys,

Fire_Fox

JoeZ wrote: »

thanks for the advice and i like your style Rabbitmad, I would love to do that but have had time to think and if i go in with that mindset, people will get hurt and i'll end up doing time. With some job prospects coming up, i cant afford that at the moment.
I have friends in the same business as this guy so he might find himself losing out somewhere down the line. He has lost a few months potential rent now anyway, i suppose thats what happens when you annoy your tenants and then ask them to show prospective tenants around the house.

thanks guys,

That makes you sound like a very nasty piece of work indeed.

clutton_2

after OPs last post

lets stop responding to this shall we ?

JoeZ

clutton wrote: »

after OPs last post

lets stop responding to this shall we ?

nothing more to say anyway, I'm taking the hit on the cost and admitting defeat. Its not in my nature to be nasty actually, if you wind anyone up badly enough though they will retalliate. Agreed, could someone close this thread please.

thanks all.