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Urgent - Landlord holding work tools hostage
Comments
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Is the tenancy still running ?I do Contracts, all day every day.0
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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).
Unfortunately it's not relevant because the LL also lives in the property.
Eat food. Not too much. Mostly plants - Michael Pollan
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Marktheshark wrote: »Is the tenancy still running ?
No, unfortunately it's ended now. The daft thing is he only left the stuff there to show his intention to return to clean etc. Really backfired on him.Eat food. Not too much. Mostly plants - Michael Pollan
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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.
During which time his earning capacity is stuffed.Eat food. Not too much. Mostly plants - Michael Pollan
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From size 24 to 16 and now stuck...0 -
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?
The threats to sell the tools are in texts. So there is evidence of that. What there is no evidence of, from during the tenancy at least, is the alleged damage - some of which may well be from existing structural problems.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...0 -
The threats to sell the tools are in texts. So there is evidence of that. What there is no evidence of, from during the tenancy at least, is the alleged damage - some of which may well be from existing structural problems.
What do the actual texts say?
I bet the police have viewed them in favour of the LL. They basically form a coalition of civil duspute, pay for the damage and you'll get the items you left back.0 -
So basically he abandoned his property and left it dumped in the wrecked flat and now wants it back.I do Contracts, all day every day.0
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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.
The intent is there though to deprive permanently. It's not- I'll keep them until a court sorts it out.
Tenant doesn't need to be there. The LL needs to serve correct notice to enter. He failed to do so - the first 'act'
The ll removed good required for work - the second act
The ll failed to return goods despite the value far exceeding the alleged debt. Clearly this act is designed to distress or otherwise force a payment. The third and continuous act.
It's not a 'one off' like leaving a threatening voicemail.
I do agree in many cases these are civil matters. But the intent to sell I think pushes it into the criminal realm.
The harassment is the fact the tenant cannot earn without the tools, which I think it's reasonable to assume was always the intention.
its a few hundred pounds, really the deposit would've covered it. Clearly the LL is pishing the boundaries of civil and criminal disputes.0 -
What do the actual texts say?
I bet the police have viewed them in favour of the LL. They basically form a coalition of civil duspute, pay for the damage and you'll get the items you left back.
Think this is exactly what happened.
And the police will have heard about distress of goods and decided that's not theft.0
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