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Urgent - Landlord holding work tools hostage

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Comments

  • 150940
    150940 Posts: 153 Forumite
    Guest101 wrote: »
    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

    He's not sold them though has he?

    Where's the course of conduct causing alarm or distress?

    I think you're clutching at straws with your attempts to make this a criminal matter.
  • ViolaLass
    ViolaLass Posts: 5,764 Forumite
    150940 wrote: »
    He's not sold them though has he?

    Where's the course of conduct causing alarm or distress?

    I think you're clutching at straws with your attempts to make this a criminal matter.

    The items were removed during the tenancy when no money was owed. That's theft.
  • 150940
    150940 Posts: 153 Forumite
    ViolaLass wrote: »
    The items were removed during the tenancy when no money was owed. That's theft.

    He can have them back when he pays for cleaning and damage so it's not theft. Landlords not intending to keep them. He allegedly owes money for that, whether he does or not won't make it theft. It's a matter to be decided in a civil court.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    150940 wrote: »
    He's not sold them though has he?

    Where's the course of conduct causing alarm or distress?

    I think you're clutching at straws with your attempts to make this a criminal matter.

    Well apparently he will by midnight. That is INTENT to permanently deprive.

    As for alarm and distress. Well entering the tenants property without permission, removing goods and threatening to dispose of them would cause alarm and distress to most people.
  • 150940
    150940 Posts: 153 Forumite
    Guest101 wrote: »
    Well apparently he will by midnight. That is INTENT to permanently deprive.

    As for alarm and distress. Well entering the tenants property without permission, removing goods and threatening to dispose of them would cause alarm and distress to most people.

    Midnight is to pay up is it not?

    Tennant wasn't there when the landlord entered and if it caused alarm and distress where's the course of conduct? It all happened at the same time and is a one off.
  • zarf2007
    zarf2007 Posts: 651 Forumite
    Ninth Anniversary Combo Breaker
    If the tenancy is still valid, he can lawfully get a locksmith to open the door.

    THIS

    Just pay a locksmith a lot less than the landlord is asking, take your stuff the leave a letter telling him to go f@@@ himself.
  • daska
    daska Posts: 6,212 Forumite
    Part of the Furniture Combo Breaker
    150940 wrote: »
    He can have them back when he pays for cleaning and damage so it's not theft. Landlords not intending to keep them. He allegedly owes money for that, whether he does or not won't make it theft. It's a matter to be decided in a civil court.

    Just to clarify,

    a. he wasn't given the option of returning to clean because the LL changed the locks before the tenancy ended.

    b. there was no damage when he last had access bar a couple of chips on the paintwork which he had already got the paint for but which changing the locks resulted in him being unable to make good.

    c. The LL has alleged a lot of other damage but not provided any evidence. The LL did the 'inspection' without friend present.

    d. The LL had proposed to sell the tools this weekend and demanded the money by midnight tonight. He's not allowing this to go through the courts because he knows he is in the wrong.
    Eat food. Not too much. Mostly plants - Michael Pollan
    48 down, 22 to go
    Low carb, low oxalate Primal + dairy
    From size 24 to 16 and now stuck...
  • daska
    daska Posts: 6,212 Forumite
    Part of the Furniture Combo Breaker
    Update: LL has now announced that time is up. Not even waiting until midnight.
    Eat food. Not too much. Mostly plants - Michael Pollan
    48 down, 22 to go
    Low carb, low oxalate Primal + dairy
    From size 24 to 16 and now stuck...
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    he could ask the police to escort him to the property so he can collect his personal belongings safely.

    I think f the landlord does sell the items then at that point it may become a criminal matter - after all, even where someone has a CCJ bailiffs cannot normally seize tools of the debtors trade. Has the threat to sell the tools been made in writing (including texts) or only verbally?
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • 150940
    150940 Posts: 153 Forumite
    daska wrote: »
    Just to clarify,

    a. he wasn't given the option of returning to clean because the LL changed the locks before the tenancy ended.

    b. there was no damage when he last had access bar a couple of chips on the paintwork which he had already got the paint for but which changing the locks resulted in him being unable to make good.

    c. The LL has alleged a lot of other damage but not provided any evidence. The LL did the 'inspection' without friend present.

    d. The LL had proposed to sell the tools this weekend and demanded the money by midnight tonight. He's not allowing this to go through the courts because he knows he is in the wrong.

    I understand what you're saying and I don't doubt any of it. However if will be down to a court to view any evidence and make a ruling.
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