Got Possession finally but tenant has taken all the white goods

jpin_2101221414

Hi
We finally got possession after PCOL hearing in which the tenant has not bothered to turn up, rent overdue by 4 months. We broke the locks yesterday (the day of possession) knowing that they had left months ago. We found the house in a horrible state with nails everywhere, mould in the bathroom, no white goods - missing fridge , washing machine and dishwasher. The have damaged the one nice wardrobe in the bedroom, its half dismanted and downstairs, and worse they have left a sofa and some bedside shelfs, chair. In short a nightmare. We have been renting the property for 5 years and never had this experience before. These tenants rented the place out for 2 years. Obviously the deposit doesnt cover half of it. This might seem like random questions
1. How can we claim/report the white goods as its stolen
2. Can I just get rid of the furniture , a sofa, 2 chairs , chest of drawers - its worthless in the local area on the freesites these never get sold or usually sold for a tenner.
3. Any tips on how to process the deposit and insurance claim, what to put through in which section. Insurance is through simply business
4. I will calling the insurance guys today - simplybusiness, anything that I need to be aware of
5. Is it worth registering in the resigter of judgements, orders and fines

Thanks in advance for all the tips

Olinda99

Sorry to hear what has happened

One thing that springs to mind is that if the tenant has taken your white good then that is, of course  theft.

Mr.Generous

1. Report to Police get crime number

2. Suposed to keep and give chance to collect - unlikely so yes, skip em

3. Take pictures and copy police crime number to deposit protection and claim 100% of deposit. (About 10 - 20% of your loss?)

4. No idea sorry

5. Yes maybe it will affect tenant in a negative way so why not!!

I never provide white goods, you have to PAT test em, repair them and replace them. Just leave a space.

user1977

Olinda99 said:

One thing that springs to mind is that if the tenant has taken your white good then that is, of course  theft.

Or possibly an innocent misunderstanding...

In any event, it doesn't make a difference to the OP's claim.

amexblue

user1977 said:

Olinda99 said:

One thing that springs to mind is that if the tenant has taken your white good then that is, of course  theft.

Or possibly an innocent misunderstanding...

In any event, it doesn't make a difference to the OP's claim.

You mean they innocently thought something that didn't belong to them was their property?

chrisw

I usually view it as part of the joys/hazards of being a landlord.

Strip everything out, repair and redecorate, re-let without the white goods. I've found most tenants prefer to bring their own anyway.

Up to you how you seek retribution from your former tenants but I would just keep the deposit, forget about the rest and move on.

user1977

amexblue said:

user1977 said:

Olinda99 said:

One thing that springs to mind is that if the tenant has taken your white good then that is, of course  theft.

Or possibly an innocent misunderstanding...

In any event, it doesn't make a difference to the OP's claim.

You mean they innocently thought something that didn't belong to them was their property?

From various previous threads here we've had:

• multiple incidences of confusion by either tenant or landlord about whether appliances were actually included in the tenancy (usually in the context of who's meant to repair them)
• recent one similar to this (possibly in a sale) where the third party who was clearing the property mistakenly took an appliance which was meant to have been left behind

So yes, it's possible something could have been removed without the necessary criminal intent required to constitute the crime of theft.

Not that the cops are likely to start a hunt for a landlord's second-hand fridge anyway...

amexblue

user1977 said:

amexblue said:

user1977 said:

Olinda99 said:

One thing that springs to mind is that if the tenant has taken your white good then that is, of course  theft.

Or possibly an innocent misunderstanding...

In any event, it doesn't make a difference to the OP's claim.

You mean they innocently thought something that didn't belong to them was their property?

From various previous threads here we've had:

• multiple incidences of confusion by either tenant or landlord about whether appliances were actually included in the tenancy (usually in the context of who's meant to repair them)
• recent one similar to this (possibly in a sale) where the third party who was clearing the property mistakenly took an appliance which was meant to have been left behind

So yes, it's possible something could have been removed without the necessary criminal intent required to constitute the crime of theft.

Not that the cops are likely to start a hunt for a landlord's second-hand fridge anyway...

Odd, had I been the tenant or the landlord I'd know what was mine and who should repair it. I can't really understand confusion on ownership or responsibility as it's not really a grey area in that respect? If it was there already then you know it's not yours and you'd expect the landlord to repair it.

canaldumidi

Do you know where the tenants have gone? Where they work?

If so you could consider civil action, but you'll have court fees. Not excessive, but you'll only get them back if you a) win in court and b) the tenants have assets/funds/employment with which to pay.

But you'll have the satisfaction of ensuring a CCJ is registered.

TripleH

Were the white goods on the check-in inventory?

If not you might struggle as the ex tenants may argue that if not on report when contract signed then they weren't permanent/ part of property and only there to use until they broke which is conveniently what happened.

theartfullodger

So you didn't wait for bailiffs?  HOW was tenancy ended by you the landlord please?

Just forcing locks may be judged illegal.

But yes, report theft to police get CRN then pursue tenant and/or insurance claim.