Urgent - Landlord holding work tools hostage

daska

Asking for a friend who's at his wits end.

He was in the process of moving out prior to the agreed leaving date and the LL contacted him stating he'd
-inspected the room - without agreeing a time or friend being present
- calculated the damage done - what damage?!
- booked a cleaner - obviously friend hadn't finished moving out let alone cleaned,
and changed the locks.

Unfortunately he'd left about £4K of stuff in the room. The LL is refusing to return his property until he pays several hundred quid for the alleged damages, cleaning etc.

Law Centre and CAB have been very helpful and he's delivered and wrote him a letter informing the LL that what he's doing is illegal but the response is that he'll be selling the tools at the weekend unless friend pays up by midnight!

But said friend is panicking. These are specialist tools which will be very difficult to replace and he needs them to earn a living. He's proposing to pay the LL just to get them back

Is there anyone here who can advise on any specific wording that he can use if he agrees to pay up which might help him reclaim the money from the LL after the event, as it were?

Help?

alexjonsson

Sorry, I don't have any useful advice. But I am shocked that any landlord would have the audacity to do this. He must be genuinely stupid.

In my opinion, and this is not a recommendation, this is one of the few times that a tenant would be well justified to go round to the landlord's place with a couple of mates to put the woolies up him.

Outrageous.

Guest101

Police, because this is actually theft.

The upside is of course the courts would instantly find in your friends favour.

benjus

Also, if the LL has changed the locks before the tenancy has terminated then it's probably an illegal eviction -http://www.legislation.gov.uk/ukpga/1977/43 - again a police matter (although apparently some officers don't know the law on this very well so maybe worth printing out relevant parts of the legislation in case they are needed).

daska

This guy is actually threatening court proceedings as well, despite having breached the tenancy, stolen his tools etc. Police referred him to CAB and Law Centre

He is a bully, his dog is a bully etc

ViolaLass

daska wrote: »

This guy is actually threatening court proceedings as well, despite having breached the tenancy, stolen his tools etc. Police referred him to CAB and Law Centre

He is a bully, his dog is a bully etc

Good, encourage the court proceedings!

150940

Guest101 wrote: »

Police, because this is actually theft.

The upside is of course the courts would instantly find in your friends favour.

It's not theft and not a police matter. It's civil, look at the terms of the retention of goods until you pay what you owe. There's no intent to permanently deprive so the basic elements of the offence are not met.

RAS

Does the Council have a Tenancy Relations Manager (there are a few good ones).

Has your friend spoken to Shelter?

150940

daska wrote: »

This guy is actually threatening court proceedings as well, despite having breached the tenancy,[STRIKE] stolen [/STRIKE] retained his tools etc. Police referred him to CAB and Law Centre

He is a bully, his dog is a bully etc

I'm sure the police would have dealt with the theft had the tools been stolen.

Guest101

150940 wrote: »

It's not theft and not a police matter. It's civil, look at the terms of the retention of goods until you pay what you owe. There's no intent to permanently deprive so the basic elements of the offence are not met.

Selling the tools would deprive him permanently, which then becomes theft.

This alleged debt, does not allow the goods to be sold.

The protection from harassment act may also be applicable

Marktheshark

If the tenancy is still valid, he can lawfully get a locksmith to open the door.