Estate Agent has emptied my flat

Hilly1990

I am currently renting a 1 bedroom flat but recently moved from this to another flat. Having given my 1 month notice in July, i was told i would still have to pay the rent until the 31st of August, which was fine. Knowing that i still had the property until August i left several items in the flat alongside a freezer full of food which i decided i'd to move at a later date. Today i decided to collect my remaining items to find that my flat have been cleaned by the estate agent and my remaining items have been removed WITHOUT my say so. No letter or advance notice was given about this. I have just been in contact with the estate agent and awaiting a phone call back. What are my rights? Is this classed as breaking and entering?

GDB2222

No, it's not criminal, as there was no dishonest intent. The EA must have thought you had vacated. You are entitled to compensation for the items thrown away.

RAS

I assume you have not returned the keys?

I think I would start with a letter before action claiming for the costs of replacing all the the missing items.

And insist on being present for the check-out inventory (which they probably think they have already done).

[Deleted User]

Looks to me like an EA is in heap big trouble.

Hilly1990

I hadn't returned the keys and wasn't planning to until the end of August. Do i have a legal right for compensation?

Freecall

Cleaned? Did they use any of your electricity to do this?

RAS

yes.............. Letter before action

dustywarrior

This is definetly grounds for compensation! You were the legal tenant of the property, the EA came in (i'm assuming with any warning, which legally they have to give you.) and then removed items of yours without your consent.

Speak to the EA, tell them the value of the items and demand you are compensated for them. If they refuse, tell them you'll be taking them to a small claims court, that's normally enough for most EA's to see sense and pay up. You have a strong case here.

Hilly1990

Can i get a brief outline of what to put in letter. I also had sentimental items there which my mother left me before she died, which it now seems are in a skip somewhere!

benjus

Hilly1990 wrote: »

Is this classed as breaking and entering?

Wouldn't have thought so, but may well be classed as an illegal eviction.

G_M

Cannot repeat often enough : Letter Before Action.

Letter. Not text email phone carrier pigeon.....

1) outline briefly the circumstances:
* date tenancy started
* date notice served
* date tenancy due to end

2) Clarify that that you had not vacated the property, or returned the keys, and rent up to date

3) Refer to lack of 24 hours written notice (I assume?) prior to their entry

4) Refer to unauthorised removal of items. Provide a complete list of everything that was removed including the frozen peas and gold watch upstairs (joke), together with the value of each item. Include a notional aditional value for irreplacable sentimental items.

5) request that each item should be returned to you, at a place of your choice (new home?), in original condition (ie still frozen) within 3 days, or the value of each unreturned item be refunded to you also within 3 days.

6) Legal action to be commenced if not.

7) Request a contribution of (£10) towards your utility bill

8) Tell them what date you intend to return the keys, and ask to meet at the property to
a) jointly read meters
b) jointly inspect the property
c) discuss return of your deposit


As an alternative to the above, ignore the EA and report a theft to the police. Provide police with a complete list, ad details of everyone who you believe has keys.......