Personal item removed from rental property

hanb

Hi all,

After some advice to be ready for the morning if possible

Apologies if it's come up before but the search won't work on my phone!

We've given notice on our rented flat as we complete on a house tomorrow (tenancy ending 30/9).

We bought a freezer a couple of days ago and had popped it on the ground floor communal hallway, out of the way (we live top floor of, the two flat's below are empty and have been for the 2 years we've been here - if it matters!).

We came home tonight ready to load the freezer in to the car ready to move in the morning (there was no point dragging it all upstairs to take it back down a 2 days later!) but it's gone!

The only people with access to the building are the landlord, the letting agent and their contractors (no known work).

Presumably they can't just take our freezer? I know it was in a 'communal area' but in an otherwise empty property and only for 2 days before we move out! Or have we made a mistake leaving it downstairs and now we've just lost our freezer?

Apologies, probably far too much info but thought I'd explain fully in case it made a difference!

anselld

No, they can't just take it, that is theft. However, I am not sure how you can prove who took it unless it is just some misunderstanding.

pinkshoes

A flat I used to live in had anything left in the hallway removed. There was a big sign saying this though... What were the rules on items left in the communal area?

Have you contacted the letting agent and management company? Or perhaps the cleaners took if thinking it was unwanted and abandoned?

Put a sign up in the hallway to report the theft or ask someone to return it?

Reported the theft to the police?

hanb

Have asked the letting agent but got home after they closed so won't hear anything til tomorrow so wanted to check in here before then

We don't have a cleaner and there's no one else living here. No rules on communal areas. The only sign is a no smoking sign.

hanb

I think my main question is, if they've taken it and disposed of it, do they need to replace it or will we just have to buy another? Luckily it was a second hand one as we wanted to wait and see what we wanted in the house but still..

G_M

The freeholder / managing agent may have moved it - it is probobly a fire risk as it restricts an emergency escape route.

But they should store / return it when asked (though may charge for the storage/transport).

Otherwise yes - it's theft.

Wait to see what the agent says tomorrow.

* if they tell you where it is - great!
* if they tell you where it is but charge you - try negotiating the fee
* if they don't know but agree to follow up with the freeholder / management company, thank them and ask politely for a timescale
* If they admit they've dis[osed of it, ask for the replacement cost and follow up with a letter claiming the cost
* they deny knowledge and refuse to contact the freeholder, report it as stolen

hanb

It's one landlord owns the entire building and rents them out. He's great but the agents are less so but I don't understand why anyone would take it. It wasn't there long, was out of the way completely.. Even if the bottom flat was occupied it wasn't in their way and didn't block the exit in anyway (it's a concerted Victorian house with 3 flats rather than a block of flats). Seems very odd!

Thanks for the responses though. Will see what they say tomorrow, just wanted to know where I stood before hey responded to know next steps

oystercatcher

If you didn't leave a note on it explaining what was happening then agent etc. wouldn't know it wasn't there for long. They probably assumed someone had flytipped it and it needed getting rid of, especially if other flats are empty and they are showing prospective tenants around.

You seem to expect people to be able to mind read!

AnnieO1234

Is there any chance a scrapman could've taken it? Xxx

hanb

oystercatcher wrote: »

If you didn't leave a note on it explaining what was happening then agent etc. wouldn't know it wasn't there for long. They probably assumed someone had flytipped it and it needed getting rid of, especially if other flats are empty and they are showing prospective tenants around.

You seem to expect people to be able to mind read!

It was left inside the property, in which I've lived for 2 years and during that time the other 2 flats have been empty because the landlord is waiting for planning permission sign off which I know he's still not received. So knowing we are the only people living here and with access (apart from the landlord and agency who know we've just bought our first house), I didn't see that there would be a problem leaving 1 item in the hallway, well out of the way, for a couple of days.

It may well have been short sighted of me to do so but the tenancy doesn't say we can't do that, there's no signage to say we can't do it and because the building is empty (and our flat got new tenants afte viewings the day we gave notice so no more viewings) I didn't think it would be a problem. Appreciate I may have not realised it was a problem m, but surely they should say something or ask, not just take it?

DaftyDuck

Their attitude might be you should ask before leaving it in a communal area.....

Regardless of this, they should still not dispose of it, even if they had cause to remove it...