Lodging, Belonging disposed off

AdeleLisa

I’m now in the process of taking my land lady and land Lloyd through the small claims court for disposing all of my property but need some advice on am I doing the right thing
I will bullet point my issues as to not end up writing a long story
Here goes
1. My partner & I rented a room from a couple so we were lodgers
2. The atmosphere grew worse due
To the lady having Bipolar, I’m very understanding of mental health issues and so on but turning the power off at the mains, plug removed from washing machine, there cat did a big p..... in the bath of which she wouldn’t clean up, stayed there over a week as we refused to remove it, the lady would ignore me when I said hello
3. Rent was always paid on time
4. No contract signed
5. I got a text message saying we were being evicted without notice and we were to leave immediately. Unfortunately we were 30 miles away at the time. I was speechless. She said in her text that they found a birthday card saying from mum and dad and that I had lied to them as my mother had passed away 3 weeks prior. She had obviously gone into our room and saw a birthday card. It read love mum and dad. My land lady who lives in the house said I had lied to her. I was a week late paying my rent the week my mother passed away! I was in disbelief that she had gone and I was in bits. I explained my reason why I was late with the rent and they said it was fine..
6. We made our way back to the house desperate to talk to them as we knew we would become homeless. I said about the card and that she was wrong but she wouldn’t have it
6. We both were homeless for two weeks, it was awful, we had no money and my father was going through to much for me to put on him.
7. We received a another text message from them saying we r no longer welcome there and if we do we will be arrested and my property will be bagged up and I should contact the council to make arrangements
8. The council knew nothing about my property, they said they do not act on behalf of somebody else who has personal issues with us. We were told to get a solicitor or contact CAB.
9. The police told me it’s a civil matter
10. One evening I was on messenger, and this woman popped up. I was shocked as my partner and myself had been blocked since moving out. She said all my stuff had been chucked out as we never collected. I said u told me I would be arrested!! She said we never contacted the council

So I’ve made now waiting for a court date. Sent loads of information off to them. My ex landlady said that she had numerous problems with us such as sitting in our room all day!!!’it’s laughable! So she sits in her lounge so where do we sit!
I did have a conversation with her husband and he agreed, she should not be renting out a room
In the house with bipolar. I got blamed if she lost her baby I would be held responsible, the list goes on. I would never hurt a fly. I’m polite have manners.
So what now. Am I right in doing this????

AdeleLisa

Apologies, I should of previewed it but was in a hurry!

OscarFoxtrot

AdeleLisa wrote: »

I’m now in the process of taking my land lady and land Lloyd through the small claims court for disposing all of my property but need some advice on am I doing the right thing
I will bullet point my issues as to not end up writing a long story
Here goes
1. My partner & I rented a room from a couple so we were lodgers
2. The atmosphere grew worse due
To the lady having Bipolar, I’m very understanding of mental health issues and so on but turning the power off at the mains, plug removed from washing machine, there cat did a big p..... in the bath of which she wouldn’t clean up, stayed there over a week as we refused to remove it, the lady would ignore me when I said hello
3. Rent was always paid on time
4. No contract signed
5. I got a text message saying we were being evicted without notice and we were to leave immediately. Unfortunately we were 30 miles away at the time. I was speechless. She said in her text that they found a birthday card saying from mum and dad and that I had lied to them as my mother had passed away 3 weeks prior. She had obviously gone into our room and saw a birthday card. It read love mum and dad. My land lady who lives in the house said I had lied to her. I was a week late paying my rent the week my mother passed away! I was in disbelief that she had gone and I was in bits. I explained my reason why I was late with the rent and they said it was fine..
6. We made our way back to the house desperate to talk to them as we knew we would become homeless. I said about the card and that she was wrong but she wouldn’t have it
6. We both were homeless for two weeks, it was awful, we had no money and my father was going through to much for me to put on him.
7. We received a another text message from them saying we r no longer welcome there and if we do we will be arrested and my property will be bagged up and I should contact the council to make arrangements
8. The council knew nothing about my property, they said they do not act on behalf of somebody else who has personal issues with us. We were told to get a solicitor or contact CAB.
9. The police told me it’s a civil matter
10. One evening I was on messenger, and this woman popped up. I was shocked as my partner and myself had been blocked since moving out. She said all my stuff had been chucked out as we never collected. I said u told me I would be arrested!! She said we never contacted the council

So I’ve made now waiting for a court date. Sent loads of information off to them. My ex landlady said that she had numerous problems with us such as sitting in our room all day!!!’it’s laughable! So she sits in her lounge so where do we sit!
I did have a conversation with her husband and he agreed, she should not be renting out a room
In the house with bipolar. I got blamed if she lost her baby I would be held responsible, the list goes on. I would never hurt a fly. I’m polite have manners.
So what now. Am I right in doing this????

Largely your post contains irrelevant information. If you are presenting this in court you will lose.


Calculate your losses.


Research the Tort - interference with goods act.


That's it. Frankly the court couldn't care less about anything else

G_M

* is this England/Wales?
* What date did your licence (as lodgers) start?
* Was there a written contract?
* if yes, what notice period is specified if any?
* if no, was a notice period discussed/agreed?
* was rent weekly or monthly?
* if weekly, were you given a rent book (as required by law)?
* which week were you late with rent?
* what date was notice served?
* what date did you move out?
* when 'moving out' did you remove all your possessions and return the keys?
* what date were your belongings 'chucked out'?
* what does 'chucked out' actually mean? Left outside the front door for collection? Put into a skip?

As lodgers you have few rights, though 'reasonable' notice is required where a notice period is not specified. Usually a week for weekly rent, a month for monthly rent.

A landlord has a duty of care for belongings left behind, and must make reasonable efforts to arrange/facilitate collection. Did this happen? You may be able tosue for th value of belongings disposed of improperly. Read:


https://www.landlordzone.co.uk/information/uncollected-goods

breaking_free

AdeleLisa wrote: »

3. Rent was always paid on time
4. ...I was a week late paying my rent the week my mother passed away!

My condolences for your mother's passing. It sounds like you've been through a very upsetting time and you have my sympathy. That said, you must be consistent when making your case. You cannot claim that you always paid rent on time and in the very next bullet point say that you were a week late.

Strip down your bullet point list to get rid of irrelevancies and ensure you stick to the facts (rent was paid on time every week/month except for one time).

I hope your situation gets better soon.

Honeylife

Focus Focus Focus on What is the main Issue

Your issue now is recovery or compensation of your personal belongings ie your property
You need to get precise dates of when you were informed that your lodgings were terminated
How much notice you were or were not given
Check communication on Messenger and Sms text etc - download
Make sure all communication from now on is recordable via email or text.

Go to the CAB or if you can go to a Solicitor, who is clued up on Housing and seek the usual 30/45 mins FREE ADVICE

Sadly Lodgers have very few rights but one right they do have is the right to recover/collect their property, ie uncollected goods. And the Landlord has to keep that property safely for a minimum of 14 days after notifying them to remove it. The days when the landlord could throw you and your stuff out the door have long gone! You (and/or the Landlord) can ask the Police to Accompany you to collect your goods, which is what you should have done despite her saying you would be arrested! You would not have been arrested that was just an empty threat. You have the right to collect your property. The local council have nothing to do with this.

I actually think that your property may still be around somewhere either in the garage or shed. A letter before action often is incredible effective in getting a swift response. Otherwise if your stuff has gone by way of the binmen, then you must seek recovery of the costs from your former Landlord. Be aware without paperwork it all boils down to "he said/she said"

Aha...G_M is on the same lines as me and put up the link.

In future PERHAPS avoid Landlords that have 'issues'.
In future never take Lodgings without a proper Licence Agreement
In future, if you do not have a lock on your bedroom door (and most lodgings don't), I suggest you get a safe, a regular cheap small hotel type safe or good size money box and put your paperwork that you don't want anyone to read/take or see in it. This won't stop the possibility of them taking the entire thing or smashing it open but it will give you a teeny bit of privacy from a snooping Landlord!

AdeleLisa

Thankfully my ex husband has written numerous letters to the court, of which are alll written up politically correct, my message I originally wrote was a bit hit and miss and I’m currently bedridden with two prolapsed discs so was unable to reach for my specs.

Adele

AdeleLisa

Submitted court letter

I rented a room at MR and MRS ......... property from the 2nd Of Aug 2018 until ~14th September 2018.
I was evicted from their address on the 14th September 2018.
On leaving the .................... address.I was homeless, and was forced to live in my Vehicle.
I tried on numerous occasions, to gain access to the ........... property to recover my personal belongings.
On the 24th Sept 2018 Mr. ........... allowed me Access to the property to collect my belongings. I made Mr. ........... aware that I wasn’t able to take all my belongings at this point.
Due to the fact that, I was homeless and living in my vehicle. I explained that I would be returning as soon as possible, to collect my remaining property.
Mrs. .............. contacted me via SMS later that same day the 24th Of September, and stated that I was no longer to visit the property as the police will be called
Mr. and Mrs. ............ then blocked my Telephone Number. Which made it impossible, for me to make arrangements to collect my remaining belongings.
Hence I had no means of contacting either Mr. or Mrs. ............. to make suitable arrangements to collect my belongings.
I went to the Police station regarding this matter, the police informed me that it was a civil matter and that they would not be getting involved.
On the 21st of October 2018. I managed to make contact with Mrs. ........... via social media (Facebook)
I asked Mrs ........., that I be allowed to collect my belongings.
Mrs. .......... then stated, that they had disposed of my belongings at the local council dump.
Mrs. ......... explained, that she had been advised to do this by ........... Council.
At No point Was I contacted by ........... Council regarding my property
As I have stated to Mr and Mrs ............ ................. Council was not acting as my agent, and neither was they acting on my behalf.
I have tried on two Occasions prior to taking this action, to solve this outside of Court
I have my original messages of communication, between myself And the ...........
I also have evidence of MR and MRS .........., refusing me access to collect my belongings.
I have an excel spread sheet itemizing, my disposed of belongings.

I am now asking the court to take this matter up on my behalf
I am now living in sheltered accommodation and on benefits.
I suffer from Crones disease and have a full ileostomy.
I am finding it increasingly difficult to replace the items that Mr. and Mrs........... disposed of.

My Case is based on the unlawful disposal of my property \ Belongings.
Mr and Mrs .........have stated in writing, that they blocked me from contacting them to arrange, a mutual day and time for me to collect my belongings.

Mr And Mrs ....... have stated in writing, that they contacted ......... Council with regards to the whereabouts of my property.
............ Council was at NO time acting as my contact or agent.
Therefore I have no idea as to why the Council was made aware of their intention, and NOT me

My Claim is for £4815 to allow me to replace my belongings. And as a form of compensation for the disposal of irreplaceable items of great emotional and sentimental value..one being my cats ashes and items passed down from my mother who has sadly passed away recently

I am unable to have children, and I adored my cat, and I am horrified that MR and MRS....... took it upon themselves to dispose of the casket containing my cat’s ashes.

As stated previously. I have tried to solve this matter amicably, with Mr. And Mrs. ...........
But to no avail.
The only Response I received to date, is that they intended on contacting the police if I continued to harass them.
I have since informed them that, I have a legal right to seek compensation, and this process is not harassment but my intention to seek compensation

This is one of many submitted letters to the court
I am now waiting for a date

This has caused me so much upset, I had some expensive clothes of which took me ages to save up for. I had a brand new printer and so on.

need_an_answer

There are still a couple of references to the name in the transcript above that you might want to remove.

AdeleLisa

Paragraph??

AdeleLisa

Done I think thank you “need an an”