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Case against former landlord?

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24

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  • csgohan4
    csgohan4 Posts: 10,599 Forumite
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    AdrianC wrote: »
    Let me rephrase...

    What do you want to achieve at the end of this?
    What will make you walk away saying "Yep, I'm happy now."?

    COmpo compo compo
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 13 April 2019 at 2:15PM
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    Data protection breach is illegal. Report it to the ICO. If they find there was a breach they can fine the landlord. You won't receive anything though.

    Repairing issues are now historic. These should have been pursued properly during the tenancy. There are ways to enforce repairs. A claim for compensation later won't succeed.

    Misrepresentation eg the washing machin plumbing. Again, you might have been able to get the plumbing re-instated during the the tenancy if you'd followed this up during the tenancy, and assuming either the LL was willing, or you were able to prove the w/m plumbing formed part of the tenancy contract. But after the tenancy has ended..........?


    Be glad you've moved on, hopefully to somewhere better.
  • lincroft1710
    lincroft1710 Posts: 17,754 Forumite
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    PDodd wrote: »
    Can anyone advise if I have a legal case against my former LL?

    I think the consensus is "no, you don't"
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • PDodd
    PDodd Posts: 10 Forumite
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    AdrianC wrote: »
    Let me rephrase...

    What do you want to achieve at the end of this?
    What will make you walk away saying "Yep, I'm happy now."?

    LL ignored all my requests to be reimbursed for the cost of the stolen items. I would like that back.

    Maybe I understated the condition of the wall but it truly was dangerous, it was as if the extension was separating itself from the original building and the LL had no intentions of fixing it. Fire alarms should have been provided, they ignored my request for them, a basic safety issue.
    I guess this is catch 22 situation. I notified the council a month before I was leaving but apparently in my area this is not enough time for the council to act. If I had notified them any earlier would the LL retaliated and made my life difficult whilst I was locked in my tenancy?
    If the council had acted the LL would have at least been reprimanded but now? Why should the LL get away with being willingly negligent? Will the council still keep a record?
  • csgohan4
    csgohan4 Posts: 10,599 Forumite
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    edited 13 April 2019 at 4:24PM
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    PDodd wrote: »
    LL ignored all my requests to be reimbursed for the cost of the stolen items. I would like that back.

    Maybe I understated the condition of the wall but it truly was dangerous, it was as if the extension was separating itself from the original building and the LL had no intentions of fixing it. Fire alarms should have been provided, they ignored my request for them, a basic safety issue.
    I guess this is catch 22 situation. I notified the council a month before I was leaving but apparently in my area this is not enough time for the council to act. If I had notified them any earlier would the LL retaliated and made my life difficult whilst I was locked in my tenancy?
    If the council had acted the LL would have at least been reprimanded but now? Why should the LL get away with being willingly negligent? Will the council still keep a record?


    Did the LL steal them? no? proof? no ? you said so yourself reported to Police and not interested

    Did you get contents insurance? no? perhaps something to consider in future


    By all means you can try and claim through small claims court, but the onus is on you to prove the LL stole them, why are You keeping things in the common outside area???

    The rest of the stuff is no longer your problem, your not living there, isn't that a good thing?
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    PDodd wrote: »
    LL ignored all my requests to be reimbursed for the cost of the stolen items. I would like that back.
    The LL isn't liable for items stolen from a common area. You have no idea who stole them. Claim from your insurance.

    If the council had acted the LL would have at least been reprimanded but now? Why should the LL get away with being willingly negligent? Will the council still keep a record?
    So you're trying to launch some kind of private prosecution...?

    How much time, effort, blood pressure and money are you willing to put into this?
  • PDodd
    PDodd Posts: 10 Forumite
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    I think you’ve jumped to some assumptions. Some items were stolen off the window sill inside my flat when the window was open. The door to the common area is the only entry/exit point for the flats and where the post was originally delivered through. Some items of post were also stolen, these were tracked deliveries such as Amazon and Royal Mail 24/48 but not signed-for. Previously the common area was private for tenants only and the other flat was vacant when the items were stolen. There is no public access to the common area.
    The Police were interested. They visited the property (expressed their concern over the wall) but due to the number of people now using the common area and no CCTV they couldn’t pin it on one person, they did give the LL warning who then installed individual postboxes for the flats. Still no apology or reimbursement for the stolen items.

    If I can spend ten minutes and get the LL reprimanded what do I have to lose? The wall could have easily of fallen down, what if the next person isn’t so lucky? What if there was a fire? They rent out several commercial and residential properties. Don’t they deserve to be on some sort of negligence radar?
  • csgohan4
    csgohan4 Posts: 10,599 Forumite
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    edited 13 April 2019 at 5:49PM
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    PDodd wrote: »
    I think you’ve jumped to some assumptions. Some items were stolen off the window sill inside my flat when the window was open. The door to the common area is the only entry/exit point for the flats and where the post was originally delivered through. Some items of post were also stolen, these were tracked deliveries such as Amazon and Royal Mail 24/48 but not signed-for. Previously the common area was private for tenants only and the other flat was vacant when the items were stolen. There is no public access to the common area.
    The Police were interested. They visited the property (expressed their concern over the wall) but due to the number of people now using the common area and no CCTV they couldn’t pin it on one person, they did give the LL warning who then installed individual postboxes for the flats. Still no apology or reimbursement for the stolen items.

    If I can spend ten minutes and get the LL reprimanded what do I have to lose? The wall could have easily of fallen down, what if the next person isn’t so lucky? What if there was a fire? They rent out several commercial and residential properties. Don’t they deserve to be on some sort of negligence radar?

    So many what ifs, on what basis do you have to claim from the LL for your lost items? did your LL steal them? Again you have no proof, if you did not buy contents insurance you have no one to claim off. the LL certainly isn't going to reimburse you.

    A LL is not responsible for your items unless he steals them willingly and you have proof

    Stop clutching at straws and be glad you moved out.


    If you feel so strongly about your items, make a small claims court claim, however given lack of evidence I doubt you will win and you will be out of pocket too

    Wish you all the best, I'm out
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    PDodd wrote: »
    I think you’ve jumped to some assumptions.
    We can only go by what you tell us.
    Some items were stolen off the window sill inside my flat when the window was open.
    So nobody actually needed to enter your flat to steal them? Just reach through an open window from the common area?
    The Police were interested.
    Until they realised there was no evidence as to who stole the insecure items.
    they did give the LL warning who then installed individual postboxes for the flats.
    So they gave advice, and he acted on it?
    If I can spend ten minutes and get the LL reprimanded what do I have to lose?
    It will not take you "ten minutes" to take whatever kind of action you envisage. It will take you a lot longer.
  • lincroft1710
    lincroft1710 Posts: 17,754 Forumite
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    PDodd wrote: »
    Still no apology or reimbursement for the stolen items.

    If I can spend ten minutes and get the LL reprimanded what do I have to lose?

    The landlord did not steal your property, he does not owe you an apology or any reimbursement. You facilitated the theft by leaving a window open.

    Who do you think is going to "reprimand" the landlord? If you ill advisedly tried to pursue a claim for your stolen items via Small Claims, they can only decide if the landlord was responsible for the theft. They do not issue "reprimands".
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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