Help. Landlord refused to give back and then disposed of belongings after eviction

[Jenwood]

I started renting the property in 2008, AST tenancy UK.

During that time my landlord issued 3 section 21's (every time I complained or asked for work to be done!) then changed his mind when I was given an eviction order. Rent was paid in full. Deposit was never protected, when I challenged this in court he refunded my deposit and re issued s21

 

I received an eviction notice and an eviction date for March, however, in February my landlord emailed me and stated that I could remain in the property (he had done this before). I found out on the day of the eviction that he had not cancelled the bailiff eviction and had to go to court with the emails I had received from him to try and stop it. Unfortunately he did not attend court and was not replying to anybody and there was nothing the judge could do to sop it because he was not there and I was evicted.

 

He used a property management team and they were there when I was evicted. They could not contact my landlord and said that I would have to come back later in the week and remove my property, however, when I tried there was always some excuse as to why this guy could not make it (he was on holiday or had other work on).This went on for around 4 weeks with me constantly txting to arrange to collect my things. (txt's have been kept)

 

Eventually he said that I was not allowed back in the property so his company could pack my stuff up and deliver it for £600. I asked if I could get my own people to do it but he said that I would still have to pay him to be there (a full days wages, which I think was £300, so I might as well use his company.) I agreed to this until I got a phone call from a former neighbour saying that people had been in my property and there were a number of bin bags outside in and around the bin and that passers by were going through them and she realised it was my belongings and not rubbish. Among the items she managed to save were my sons toys, medals, some of my jewellery and clothing. When I confronted the property management guy (I will call him Mr Z) he became very abusive and sent me txt's asking if he should just get rid of my belongings then.

 

I called Shelter who advised that he had to give me access to my belongings and he could not charge for this, also that I could take my landlord to court for not protecting my deposit and to use this if he became difficult.

 

After advising him of this he arranged for somebody to pack and collect my belongings (I personally think he over charged me but I just wanted my stuff back as it was now June). My things were delivered and put into storage.

 

I have just returned from holiday and because I work away a lot I have just got the rest of my things out of storage only to find a number of things broken and missing. The broken things I am not that bothered about, at least they can be accounted for. Some semi valuable jewellery is missing but what has really angered me most is that my child's items are missing. Some sentimental items and some valuable and expensive items.

 

My question is, can I do anything about this and will it cost me a fortune to take my landlord to court? I know that it is my word against Mr Z and his employees as to what was in the house but he would not give me access to my belongings which would have prevented this and he disposed of my belongings which he knew he was not allowed to do.

 

Any advice would be much appreciated.

[mapadale]

Call the police and report it as theft simple as.

 

Police will try and say it's a civil matter, however damage and missing goods is a criminal offence and needs to be dealt with as is. You also need to get back in touch with Shelter and seek legal advice from a solicitor, shelter can provide this.

[Jenwood]

Thanks for your help. Is it not too late to report to police? I was evicted in March and got my belongings back in June but I have only just noticed stuff missing because it has been in storage. Also it would be my word against him and his employee's who were in the house as to what was there, although I do have a witness that he disposed of items.

[mapadale]

No, you can report an offence at any time.

 

As you've only come to check your items fully recently, it's at this point you've noticed items damaged or missing.

 

As a landlord he has broken various rules and regulations and they need to be reminded of this with court action, you can pursue your landlord in both Criminal & Civil court over the matter. Civil for the various issues as created by your landlord, including that of charging you for your own property and Criminal for the damage and loss of items whilst in his possession.

[Jenwood]

Thank You I will contact Shelter again for advice on doing this

[raydetinu]

You will need proof for the things missing ( that they actually existed etc. ) and photographs of the damaged items to take this to court.

You can still take LL to court for non-protection of deposit ( presume you got that back ), however some judges may not entertain this and you have got deposit back. ( even though law says you can and get compensated!)

good luck anyway, you certainly been messed about.