Landlord cleared out personal belongings

Tomato1970

My Aunt has been in hospital, and was transferred from there to a nursing home. After a month or so it became clear she is unlikely to make it back to her rented flat so we gave notice on her behalf (we have LPA) - rent paid up to 18/03/2020
Have just found out the landlord has been in and cleared the property. They did not let anyone know. Everything has apparently been sent to the skip, all my Aunts personal things although they kept the photos. We had managed to go in and take any valuables but had not cleared all the documents/paperwork etc which is going to cause problems  All the nephews/nieces live >3hrs away but we had planned to clear the property w/end 14/03/2020
I am absolutely astounded, and feel like contacting the police. This is criminal surely? My Aunt is still alive, she's not well but we wanted to move more of her things into the nursing home to make it more comfortable. She has a son who is severely autistic but might have wanted some things from the property. Have not been able to tell my Mum about this as we know she will be so upset on her sisters behalf. I don't think it was the best landlord/tenant relationship - the landlord had wanted to sell up for some time but my aunt did not want to leave and there no grounds to evict - but she had no right to do this. I'm very angry and don't want to overact but there must be something we should do? 

KatrinaWaves

When you say 'no grounds to evict' did she have a particular protected tenancy? has the rent always been kept up to date?

Did the fact you had went in to take valuables indicate in some way the property had been abandoned? Why were valuables taken and not her personal items like photos, that would normally be the first thing someone would take?

What exactly has been skipped other than paperwork, furniture?

Tomato1970

The property was empty as my aunt was in hospital so we went in to pick up some bits of jewellery for safekeeping 
We didn’t know she wasn’t going to return to live there when she first went into hospital
We obviously would have kept  the photos and all the documents when we went back to clear the property 
it was a furnished flat but my aunt had lived there many years so had pictures, lamps etc as well as all her clothes, bedding 
Rent always paid. 

The point is, the property was entered whilst my aunt was technically still a tenant and her belongings disposed of without permission 

Retired_Mortgage_Adviser

Tomato1970 said:

After a month or so it became clear she is unlikely to make it back to her rented flat so we gave notice on her behalf (we have LPA) - rent paid up to 18/03/2020
Have just found out the landlord has been in and cleared the property. They did not let anyone know. Everything has

@Tomato1970 As per the notice that you gave the landlord, when were you supposed to vacate the property? I assume it's 18/03, is that correct?

On the face of it, the LL has clearly done something quite stupid. The requirements of a landlord in the area of tenant posessions may seem onerous but it's just one of the things that make up the lot of the private landlord. And I say this as a landlord myself.

https://www.landlordlawblog.co.uk/2010/04/27/landlord-rights-over-tenants-possessions/

I would contact Shelter asap to get professional advice on where you stand and next steps.

muhandis

KatrinaWaves said:

Did the fact you had went in to take valuables indicate in some way the property had been abandoned? Why were valuables taken and not her personal items like photos, that would normally be the first thing someone would take?

Really? I'm surprised. I would move the valuables first. 

hazyjo

KatrinaWaves said:

When you say 'no grounds to evict' did she have a particular protected tenancy? has the rent always been kept up to date?

Unless it's Scotland? Think they need a valid reason.

Retired_Mortgage_Adviser

Based on what you said, it looks like a landlord who has no idea of what their business entails.

Tomato1970 said:

The property was empty as my aunt was in hospital so we went in to pick up some bits of jewellery for safekeeping 
We didn’t know she wasn’t going to return to live there when she first went into hospital
We obviously would have kept  the photos and all the documents when we went back to clear the property 
it was a furnished flat but my aunt had lived there many years so had pictures, lamps etc as well as all her clothes, bedding 
Rent always paid. 

The point is, the property was entered whilst my aunt was technically still a tenant and her belongings disposed of without permission 

KatrinaWaves

muhandis said:

KatrinaWaves said:

Did the fact you had went in to take valuables indicate in some way the property had been abandoned? Why were valuables taken and not her personal items like photos, that would normally be the first thing someone would take?

Really? I'm surprised. I would move the valuables first. 

I'd take irreplaceable things first, but everyone is different.

If the landlord had no reason to believe the tenancy was abandoned, and the tenancy was up to date and rent paide tc then yes, it appears he has done something wrong. However, the value of second hand soft furnishings, lamps etc is not likely to be particularly high so if it has truly been skipped you need to weigh up whether the stress of pursuing this is worth the monetary value of what you may gain. At least he kept hold of the photos. (I'd also 100% be demanding the deposit and the last months rent in full back if paid up another 3 weeks!)

AdrianC

Tomato1970 said:

I'm very angry and don't want to overact but there must be something we should do? 

What do you want to achieve?

Her actual goods back? Not happening. They've gone.

The fair market value of them? Yes, you're owed that. Do you have any kind of inventory, so that you can draw up a rough value? Remember that the value of used furniture is near-on zero, unless it's demonstrably antique.

Some kind of a wrist-slap to ensure they don't do it again? From who? I'm not sure it qualifies as theft - especially if the landlord is willing to come to some kind of agreement on value.

Tomato1970

AdrianC said:

The fair market value of them? Yes, you're owed that. Do you have any kind of inventory, so that you can draw up a rough value? Remember that the value of used furniture is near-on zero, unless it's demonstrably antique.

Some kind of a wrist-slap to ensure they don't do it again? From who? I'm not sure it qualifies as theft - especially if the landlord is willing to come to some kind of agreement on value.

Its definitely not about any money. But her actions were wrong in my opinion, and in breach of tenant rights. What is the point of having rights if they aren't upheld? 

ThePants999

Tomato1970 said:

What is the point of having rights if they aren't upheld? 

The recourse you have if your rights are breached - in this case, compensation for what you've lost.