Estate Agent has emptied my flat

moneyistooshorttomention

What G_M said sounds like a good plan to follow step by step to me.

Be prepared for this EA lying to you and trying to make out that they tried to contact you (yeh...right....sight of pigs flying overhead) in order to arrange when they would be coming round to the flat and have your rejoinder/proof ready that they didn't make any such attempt (or, if they did, then it was a pretty half-hearted one).

Hilly1990

So after being in contact with the EA, they made it clear that no permission was given to the cleaner to enter my flat and apologized for the items i had lost and offered to pay for my items that were thrown away providing i made and list and price of each; which i did via email.

Following this, they contacted the cleaner to see what had happened. Today i was forwarded a email explaining what had happened. The cleaner was 'told' by another tenant that i had left and it was "common knowledge" so took it upon herself to begin cleaning my property (without permission) She also states my flat was left open which is how she was able to access it, and makes the point that anyone could of entered my property. This lead me to think my flat was left open after a viewing.

Additionally, the list i made of items thrown away was forwarded to the cleaner to check. Although she have accepted that some of the items on my list are correct, she has made claims that several items of my list were inaccurate, including sentimental items which hold no value.

I have been asked to confirm by the EA that my list is accurate, which it is. I am now waiting on a response.

My question is, having admitted to entering my flat without permission and also throwing away my items what am i able to do now? I am happy to accept compensation but now the cleaner had bought the validity of my items into question i'm unsure what will happen next, if they refuse to compensate me due to this, what legal action if any can i take to receive some sort of reimbursement.

DaftyDuck

Wait and see how the agent responds. The onus is clearly on them, as they acted without permission. The cleaner was subcontracted by them so, ultimately, they are still responsible. The cleaner didn't just clean up some random flat as she was passing, because of her cleaning compulsion.... she did it because she worked for, or was subcontracted by, the agent.

If a mistake was made over timing, that's the agency's responsibility, and they appear to have accepted that.

Edit to add: I do have a cleaning compulsion... I might just tidy a random flat on passing, but I'd have polished your possessions (and the table on which they stood), and then returned them, neatly. Had you left a watch, I would probably have wound it, and set the date and time correctly!

Keep us posted, and don't write or reply in anger. Never reply hastily when you are in such a strong position...

moneyistooshorttomention

That cleaner exceeded her remit then by the sound of it.

She did not have the right to take it upon herself to clean your flat. I would now be feeling very suspicious (about the cleaner) as to just why she is disputing that all the items that were there were there iyswim,

It is up to the employer of that cleaner to tell the cleaner off for exceeding her remit - she was not authorised to make "executive decisions" and I would be livid (in your position) that she had taken it upon herself to do so. Its her employers' concern as to whether she is (or isn't:cool:) honest - so just tell them the facts and repeat however often necessary and keep demanding compensation for everything that vanished (one way or another:cool:).

For once - I agree with Dafty Duck (:eek:) - and its down to the agent to deal with this cleaner that exceeds remit and, quite possibly, leaves somewhat to be desired on the honesty front;). The cheeky little madam - as, if you have paid for a place until a certain date, then its yours until that date (even if you aren't actively using it).

SnooksNJ

Hilly1990 wrote: »

So after being in contact with the EA, they made it clear that no permission was given to the cleaner to enter my flat and apologized for the items i had lost and offered to pay for my items that were thrown away providing i made and list and price of each; which i did via email.

Following this, they contacted the cleaner to see what had happened. Today i was forwarded a email explaining what had happened. The cleaner was 'told' by another tenant that i had left and it was "common knowledge" so took it upon herself to begin cleaning my property (without permission) She also states my flat was left open which is how she was able to access it, and makes the point that anyone could of entered my property. This lead me to think my flat was left open after a viewing.

Additionally, the list i made of items thrown away was forwarded to the cleaner to check. Although she have accepted that some of the items on my list are correct, she has made claims that several items of my list were inaccurate, including sentimental items which hold no value.

I have been asked to confirm by the EA that my list is accurate, which it is. I am now waiting on a response.

My question is, having admitted to entering my flat without permission and also throwing away my items what am i able to do now? I am happy to accept compensation but now the cleaner had bought the validity of my items into question i'm unsure what will happen next, if they refuse to compensate me due to this, what legal action if any can i take to receive some sort of reimbursement.

Does this cleaner just go to random houses and interviews people asking the tenant moved out to strum up business?
I doubt it.
My guess, The EA thought you moved out and sent the cleaner with the key. She unlocks the door and see's your things and instead of calling the EA she cleaned it up and probably helped herself to some of your belongings. When called out on it she came up with some bs story about the door being unlocked.

nidO

Just to cover another avenue - If the agency do give you any grief over the items on list because the cleaner is disputing what they threw away but have also said that the way they were able to gain access to the property because it was unlocked:

Point out to the agent that you left the property locked so *if* the cleaner was able to gain access because it was unlocked then it'll be because the agent left it unlocked after showing someone round the flat (did they didn't give any notice they'd be doing that?) so the items on the list were presumably stolen rather than thrown away, which is still the agent's responsibility as they're the ones who left the property insecure.

SMGee

If a tenant has vacated a property and leaves behind belongings the EA/LL have a legal duty to keep the possessions safe for a period of time. They may only dispose of these items if they have made all practical and reasonable efforts to trace you. If they have your contact details they must give you notice that they intend to dispose of the items, and give you information on how and when to collect them. I believe it it The Torts Interference with Goods Act 1977 which contains this info.

The period of time is usually accepted as 6 months (longer for items such as passport, bank statements or expensive items).

I know you have not vacated the property, but the above still applies.

With regards to the fact that you had not vacated, this is indeed an illegal eviction. Add in the fact that your property was left insecure by the agents, you have avery strong case for compensation.

I tink on this occasion a mistake has been made, so try to be reasonable in your dealings with the agent, but be prepared to impress on them the above points I have mentioned. I have a feeling that they will not want to risk a court case and so when they realise you know what you are talking about they will probably just pay out.

Also ask them for the return of the rent you have paid that covers the time since they entered and cleared your flat to the end of your notice period.

Is your deposit protected with one of the government schemes? I would check this as it could be another thing to club them with if it is not protected

I've worked in lettings for many years, and have accidentally cleared someone's flat in the past and paid for it (the guy wasn't paying rent, had the electric disconnected and had trashed the place, but that's another story!)

Hilly1990

Thanks for the advice and information everyone, i am currently waiting on a response from the LL but have been told by the EA this may take a few days "as she's currently out the country" if they do refuse to offer compensation for the items i listed then i assume my only option would be taking them to court. Will keep you updated!

G_M

I doubt the LL will agree to this.

The LL will be blaming his agent just as you are blaming the agent!

They have admitted an error. It is now for them to prove the disputed items were not disposed of rather than up to you to prove they were.

The agents are liable.

As advise, wait and see what they say and do not respond in anger. However, do not accept anything less than full compesation.

Indeed, I'd be inclined to keep the pressure on by writing a letter recapping your email about the losses, thanking them for their email response, and re-iterating that since they have acknowledged fault you are awaiting full compensation within 3 days.

Hilly1990

Good morning guys. So I've just received an email from the EA.

"I’ve just heard back from the landlord this morning.


They are happy to make a gesture of good will to the sum of £100. If you can give me the bank details to which you would like the money sent then we can send that over"

I found this insulting and refused. So what are my options now? I'm currently at university so money is tight. Can I contact a no win no fee agency? ?