Landlord cleared out personal belongings

davidmcn

MoneySeeker1 said:

AdrianC said:

MoneySeeker1 said:

Can't see one months rent covering a womans clothing. 

Except you're forgetting that this is a woman who hasn't lived in the property recently, and is in poor enough health that she can no longer live independently. She already has access to all the clothing she requires for daily life - after all, she's been wearing something daily for the month and a half or more that she's been in the care home since leaving hospital...

Much of her old clothing would almost certainly have been unsuitable for care home wear, anyway. I presume you've never moved a parent into care...?

when I personally (as someone on low income) go "3 new jumpers I bought recently = £300 each, so that's £900 to start with and so on".

Don't be ridiculous... Last item of clothing I bought that was even approaching three figures was substantially less than that - and that was a business suit. That apart...

So some people do buy clothes that are classic/reasonable quality/meant to last some time (rather than lots of cheap ones only designed to be worn a few times) - and why wouldnt they still want them if going into a care home?

Maybe it's possible to find jumpers which cost £300 (though I suspect I would struggle to find any in the shops I frequent) but it's hardly typical. It's only "money-saving" if they last say more than ten times longer than a £30 jumper - is that likely?

p00hsticks

davidmcn said:

Maybe it's possible to find jumpers which cost £300 (though I suspect I would struggle to find any in the shops I frequent) but it's hardly typical. It's only "money-saving" if they last say more than ten times longer than a £30 jumper - is that likely?

Once a £300 jumper has been through the industrial washers in a care home once or twice it's going to be in a no better (and probably considerably worse) state than one costing £30.

Marvel1

So Landlord thought they left and not coming back, but left personal stuff like photos? 

NewShadow

davidmcn said:

Maybe it's possible to find jumpers which cost £300 (though I suspect I would struggle to find any in the shops I frequent) but it's hardly typical. It's only "money-saving" if they last say more than ten times longer than a £30 jumper - is that likely?

Possibly just me that thinks £30 is still expensive for a jumper? I think the last one I bought 'new' was around the £12 mark - and that was only because we were instructed to wear a themed one for the xmas party 🎄

On the other hand, I'll quite happily spend £30 buying the wool to make something which might possibly resemble a jumper... 

MoneySeeker1

NewShadow said:

davidmcn said:

Maybe it's possible to find jumpers which cost £300 (though I suspect I would struggle to find any in the shops I frequent) but it's hardly typical. It's only "money-saving" if they last say more than ten times longer than a £30 jumper - is that likely?

Possibly just me that thinks £30 is still expensive for a jumper? I think the last one I bought 'new' was around the £12 mark - and that was only because we were instructed to wear a themed one for the xmas party 🎄

On the other hand, I'll quite happily spend £30 buying the wool to make something which might possibly resemble a jumper... 

LOL at second comment.

Counterbalance to the more expensive stuff and that doesnt mean to say there isnt cheaper stuff too - eg jumper I'm wearing right now would have cost around £40 or so originally - but was passed on to me by a friend. Got various other bits of clothing passed on to me by friends. A brand new looking Harrods coat sitting in my wardrobe - cost £15 (bought vintage).

I would say that probably many older people decide they aren't going to economise any longer at their age - having spent a lifetime having to do so to date and knowing that, if they carried on economising much longer, they'd have spent all their lives economising and never had what they wanted.

AdrianC

MoneySeeker1 said:

I would say that probably many older people decide they aren't going to economise any longer at their age - having spent a lifetime having to do so to date and knowing that, if they carried on economising much longer, they'd have spent all their lives economising and never had what they wanted.

Seriously?

You've never once heard... "Ooh, it'll see me out..."?

Jumblebumble

It doesn't mean the tenant doesn't have remedies, but I'm not convinced it constitutes the crime of theft if the landlord had the honest belief that the tenant wasn't coming back (even if they are mistaken about their rights from a landlord and tenant point of view).


I am confused why the landlord's belief as to whether the tenant is coming back is relevant in any way
As far as I am concerned this is none of  his or her business if the tenancy is still active.
I also would be reporting it to the Police as theft and would also be pursuing this in the small claims court

davidmcn said:

diggingdude said:

davidmcn said:

Assuming we're talking England or Wales, I'm not sure it has the element of dishonesty required for theft, if we think the landlord just prematurely cleared the property rather than actually nicked the stuff.

Besides, I can't see the cops treating it as other than a civil matter, and even if they are interested it doesn't help with the separate matter of getting compensation.

I get where you are coming from, but this would then suggest any landlord could go do the same "sorry Gov, thought they'd moved innit"

It doesn't mean the tenant doesn't have remedies, but I'm not convinced it constitutes the crime of theft if the landlord had the honest belief that the tenant wasn't coming back (even if they are mistaken about their rights from a landlord and tenant point of view).

davidmcn

Jumblebumble said:

I am confused why the landlord's belief as to whether the tenant is coming back is relevant in any way

Because dishonesty is an essential element of the crime. This sounds different from, say, a landlord maliciously chucking a tenant's belongings into the garden as part of an unlawful eviction.
Besides, reporting it as a crime doesn't help the tenant in the slightest. It just means the police/CPS open a file and after many months will in all probability decide to do nothing about it. 

Tomato1970

Thank you everyone for all the comments 
we are thinking about how to handle this and all the advice is guiding us in what do do next 

PasturesNew

Tomato1970 said:

Thank you everyone for all the comments 
we are thinking about how to handle this and all the advice is guiding us in what do do next 

Make special note of those who gave facts, not opinions. 
The landlord had absolutely NO right to do that whatsoever, not in any law book.  The rent was paid, he knew what was going on, the end date hadn't been reached yet.  He shouldn't have turned the key in the door without notifying you in writing 24 hours before. 
He had NO rights. None. 
It was illegal.