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Please Help, Landlord refusing entry to get rest of our belongings!!!

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Comments

  • Your tenancy ended on the 8th. If you did not arrange to pay extra to leave your stuff in after that date then I'm afraid there is little you can do. It is his property again and whatever you have left has been abandoned.

    Why did you not start moving sooner?
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  • Gromitt
    Gromitt Posts: 5,063 Forumite
    furlong86 wrote: »
    Is it against the law for the landlord to do this? our tenantacy ended on the 8th nov

    So you should have moved out on that date and took everything you wanted with you.
    furlong86 wrote: »
    but we have been coming and going for the past week to get our belongings
    With the landlords permission?
    furlong86 wrote: »
    with a small amount left to take, however when we returned to gain entry to the property yesterday the front door lock had been changed and we are unable to get our stuff
    Ok, apparently not with the landlords permission then. You should have handed all your keys back on the 8th.

    Sounds like you really ticked off the landlord. You'll probably lose your deposit and he has a right to charge you for storage and/or extra tenancy, as you clearly did not vacate on the agreed date (check your contract)
  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    Landlord is illegally withholding your property..
    Is that fact or can the LL class it as abandoned property as suggessted by others?

    Peronsally I would consider chucking it all in the street but I wonder where that would leave a LL from a legal stand point?
  • Brallaqueen
    Brallaqueen Posts: 1,355 Forumite
    LL has a duty of care and must store your belongings for up to 3 months after they were abandoned, but has the right to charge you storage fees for doing so. I think that after 3 months he is legitimately allowed to sell the belongings to recoup costs. Was the stuff you left behind of any value?
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  • Emmylou_2
    Emmylou_2 Posts: 1,049 Forumite
    How did your tenancy end? Was it:

    (1) just the end of the fixed term;
    (2) did you give notice; or
    (3) did the Landlord get a Possession Order from the Court following a section 21/section 8 claim?

    When you last paid rent, when did you pay up to?

    When did your tenancy start and was it an Assured Shorthold Tenancy (AST) in England or Wales?

    If

    (1) - what was the final day of the fixed term
    (2) - what was the final day of your notice
    (3) - what was the date given on the Possession Order for the Landlord to be given possession on?
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  • suited-aces
    suited-aces Posts: 1,938 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    It's lucky artful posts on here.
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  • theartfullodger
    theartfullodger Posts: 16,001 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 November 2011 at 8:10PM
    It's lucky artful posts on here.

    Keeps me off the streets...

    http://www.landlordzone.co.uk/uncollected_goods.htm
  • real1314
    real1314 Posts: 4,432 Forumite
    Landlord is illegally withholding your property.. suggest you write (yes, WRITE!!) a calm & polite letter (and email if possible) saying you wish to recover your property .. but recogmise LL/agent may try & be difficult and suggest if you are still using the place you still owe rent until it is cleared..

    They can't have it both ways.. if you are still liable for rent they may not change locks,

    The tenancy ended on the 8th according to OP. So, the former tenant has been breaking the law by retaining a key which they had no right to retain, and by illegally accessing the property.

    The Landlord has simply secured the property from unlawful entry. Quite how you've leapt to condemning the LL here is beyond me.

    The LL has every right to demand storage charges or rent as the tenant has been using the property. Perhaps they will be allowed back in when they pay what's due?

    The tenant has not done things by the book, the landlord has. :cool:
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    edited 22 November 2011 at 9:31PM
    I think the LL has been more than patient! OP, if you knew it was going to take you 2 weeks to move out, you should have started moving 2 weeks before the 8th! I think you have taken the mick and lucky to have got away with still going back there.

    I think you should contact the agent again, ask if there is a mutually agreeable time that they or the LL can meet you at the property to arrange access to collect your stuff. In the meantime, expect a bill in the post for 2 weeks extra rent in lieu of storage charges!

    Otherwise perhaps the LL would be within their rights to sell your goods to recoup money to cover storage of them ;), after following the correct procedures of course!
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