Main Ten.. Evicted, all Personal ITEMS with Mine a LODGER Cleard Out in Storage!

blueangel-99

Hi all,

I have a situation in my hands and need to know, what rights, if any, I have in anywhere shape or form.

It is a simple case. I took a room in a Flat as a Lodger as it is near my Work Place for a Monday - Friday Stay only.

Been paying the main Tenant via Online Banking every month with no Problems, Have my own Keys. The Flat was a two bed Flat. Paid a two weeks Deposit to the Tennant which am not even asking for as it clearly will be a waste of time when there is 9k debt on the Flat she owes!!

I found this room via a website for Spare Rooms.

Never had any Incline that the Main Tenant was over a year in debt on the rent for the Flat, nothing of this was ever mentioned to me.

Came back from work yesterday, Key Lock Has been changed and Tennant not taking her calls or Texts, I know where she works though.

Made some enquires and found out that the Flat has been Repossessed for non Payment of Rent from the Main Tenant and all Items in the Flat including mine all Taken in to Storage by the Bailiffs.


All B&B's in the area are all booked out so had to painfully sleep in my car!!

All my cloths and two computers are all gone!! What are my rights please. I have all the evidence to prove I have been making my own payments to the main Tennant and all the text correspondence between me and the tenant too are available.


Found who the Management Agent for the Flat is and explained my Case, they tell me this has been going on for many months and they have not been able to get hold of Main Tennant and therefore the Flat has been taken back Legally and all Personal Effects are in Landlords Control as Main

Tennant did not have sub letting rights either. They say they do not have the Keys any more as it is with the Landlord and can not give me his details either as it is being dealt with by his Lawyers. They say because all ITEMS are now mixed up from the FLAT, Landlord has control of it and this may drag one for a long time. The Tennant has a lot of cloths all over her room which am told now is all mixed up with mine!!


I am not party to any of this between the Landlord and Main Tennant and only want to retrieve my belongings and get myself another room.

Please what rights do I have and how do I proceed to get my items, surely there has to be a way I would have thought. Main Tennant is not communicating with me either.

Thanks

nidO

The contractual legalities of this are all going to be tied up in quite a mess, however if your stuff has been taken and you suspect it's by the landlord but the agent won't tell you who the landlord is, i'd be marching into the nearest police station to tell them that all your belongings have been stolen and that the agent knows who stole them.

Assuming the police actually take your report seriously (and don't just fob you off with a "civil matter mate") it might focus the agent's attention a bit having the police show up wanting the contact details for the landlord.

The civil legalities of your being a lodger in a reposessed flat are irrelevant, the stuff that was taken out of the flat is yours, and your landlord's landlord taking it is theft.

When_the_going_gets_tough

Ask the agent for the landlords solicitors address and contact them very nicely.

G_M

Try £3 to the Land Registry here to identify the owner of the property. If lucky you'll find an address too.

Write a letter addressed to the LL ( c/o the agent or at address on LR Title and/or at the property where you lived) AND a copy direct to the agent, explaining the situation. MUCH shorter than your post - keep it simple.

Refer to the Torts (Interference with Good) Act 1977 and explain the LL has a legal duty of care for your property, and must return the items without delay.

Make clear that under the Act, you can claim compensatory damages ( ie cost of replacement etc) if they are not returned immediately.

45002

blueangel-99 wrote:

Hi all,

I have a situation in my hands and need to know, what rights, if any, I have in anywhere shape or form.

It is a simple case. I took a room in a Flat as a Lodger as it is near my Work Place for a Monday - Friday Stay only.

Been paying the main Tenant via Online Banking every month with no Problems, Have my own Keys. The Flat was a two bed Flat. Paid a two weeks Deposit to the Tennant which am not even asking for as it clearly will be a waste of time when there is 9k debt on the Flat she owes!!

I found this room via a website for Spare Rooms.

Never had any Incline that the Main Tenant was over a year in debt on the rent for the Flat, nothing of this was ever mentioned to me.

Came back from work yesterday, Key Lock Has been changed and Tennant not taking her calls or Texts, I know where she works though.

Made some enquires and found out that the Flat has been Repossessed for non Payment of Rent from the Main Tenant and all Items in the Flat including mine all Taken in to Storage by the Bailiffs.


All B&B's in the area are all booked out so had to painfully sleep in my car!!

All my cloths and two computers are all gone!! What are my rights please. I have all the evidence to prove I have been making my own payments to the main Tennant and all the text correspondence between me and the tenant too are available.


Found who the Management Agent for the Flat is and explained my Case, they tell me this has been going on for many months and they have not been able to get hold of Main Tennant and therefore the Flat has been taken back Legally and all Personal Effects are in Landlords Control as Main

Tennant did not have sub letting rights either. They say they do not have the Keys any more as it is with the Landlord and can not give me his details either as it is being dealt with by his Lawyers. They say because all ITEMS are now mixed up from the FLAT, Landlord has control of it and this may drag one for a long time. The Tennant has a lot of cloths all over her room which am told now is all mixed up with mine!!


I am not party to any of this between the Landlord and Main Tennant and only want to retrieve my belongings and get myself another room.

Please what rights do I have and how do I proceed to get my items, surely there has to be a way I would have thought. Main Tennant is not communicating with me either.

Thanks

For Reference http://www.landlordzone.co.uk/forums/showthread.php?70943-Main-Tennant-Evicted-all-Personal-ITEMS-with-Mine-a-LODGER-Cleard-Out-in-Storage!

blueangel-99

45002 wrote: »

For Reference http://www.landlordzone.co.uk/forums/showthread.php?70943-Main-Tennant-Evicted-all-Personal-ITEMS-with-Mine-a-LODGER-Cleard-Out-in-Storage!

Yes, I am on Landlord Zone too and this is my wife's account I use here. I need as much advice and exposure as possible and I may also put this in consumer action group forum too. Thanks for pointing that out, would have been nice to have an opinion on the matter from you too.


Cheers

Guest101

blueangel-99 wrote: »

Yes, I am on Landlord Zone too and this is my wife's account I use here. I need as much advice and exposure as possible and I may also put this in consumer action group forum too. Thanks for pointing that out, would have been nice to have an opinion on the matter from you too.


Cheers

GM has already given you the best ( and only ) advice u need

blueangel-99

G_M wrote: »

Try £3 to the Land Registry here to identify the owner of the property. If lucky you'll find an address too.

Write a letter addressed to the LL (either c/o the agent or at address on LR Title) AND a copy direct to the agent explaining the situation. MUCH shorter than your post - keep it simple.

Refer to the Torts (Interference with Good) Act 1977 and explain the LL has a duty of care and must return the items without delay.

Make clear that under the Act, you can claim compensatory damages ( ie cost of replacement etc) if they are not returned immediately.

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Hi G_M,


Thanks for your information, I have written the Agent an email in line with what you said here. Thanks once more.

PasturesNew

I watch "Can't Pay, We'll Take it Away" and they have quite a lot of evictions on there.

Your stuff is still your stuff - but they might want you to prove it to get it back - which can be a problem as, I'm sure you'll agree, most people don't have most receipts for most of their everyday belongings.... and, in your case, you're not even "at home" luxuriating with time and a coffee.

Once you work out who to call, they will arrange access for you to collect your stuff. Collecting your stuff is separate to the debt as it's YOUR stuff and nothing to do with the debtors. One of the problems will be that "proof". Start thinking, make a list, of what you had. Where's your personal ID? Can you prove when/where you bought any of it? Did you share photos of you in those clothes on Facebook .... anything in desperation.

It's likely that they'll have bagged up everything "room by room", so once you spot a bag/box of your clothes they'll all be your clothes .... but until you see the state of what they've got/how it's boxed, you won't know.

I bet it's a piggin' nuisance! No clean pants!

Guest101

PasturesNew wrote: »

I watch "Can't Pay, We'll Take it Away" and they have quite a lot of evictions on there.

Your stuff is still your stuff - but they might want you to prove it to get it back - which can be a problem as, I'm sure you'll agree, most people don't have most receipts for most of their everyday belongings.... and, in your case, you're not even "at home" luxuriating with time and a coffee.

Once you work out who to call, they will arrange access for you to collect your stuff. Collecting your stuff is separate to the debt as it's YOUR stuff and nothing to do with the debtors. One of the problems will be that "proof". Start thinking, make a list, of what you had. Where's your personal ID? Can you prove when/where you bought any of it? Did you share photos of you in those clothes on Facebook .... anything in desperation.

It's likely that they'll have bagged up everything "room by room", so once you spot a bag/box of your clothes they'll all be your clothes .... but until you see the state of what they've got/how it's boxed, you won't know.

I bet it's a piggin' nuisance! No clean pants!

I doubt the bailiffs were collecting the debt ( btw can't pay is high court, not county so they're enforcement officers on tv).

I suspect the main tenant knew exactly what was happening today and that's why she's not answering the op.

the OP will have to prove belongings but probably not to the scale you think.

Clothes in a Monday - Friday will be professional I imagine ( and male ) and computers are straight forward with logins.

G_M

blueangel-99 wrote: »

Hi G_M,


Thanks for your information, I have written the Agent an email in line with what you said here. Thanks once more.

well done.

Now write to the owner of the property too. It is he (or she) who has possession of your property.

Use royal mail or hand deliver.