Being ignored by ex landlord

[spiritgirl59]

I hope someone can advise me?

My son was living in rented accommodation and due to problems at the address, was advised to leave for his own safety by the police. He had to leave immediately and basically left everything behind except the clothes he stood up in, and we have now heard that the accommodation has been shut down and boarded up by the Environmental Health Department and the police.

The ex landlord moved my son's belongings out of his flat and put them in a cellar underneath the building. There has now been a flood in the cellar (so we have been told) and also a fire (again, so we have been told!), and despite requests to the ex-landlord to make arrangements for us to go and retrieve my son's belongings all requests have been totally ignored.

What I need to know is where my son stands legally? It may be his belongings are all ruined and beyond saving, in which case I feel he is entitled to compensation since it was not his fault he had to leave in a hurry. My phone calls to the ex Landlord have not been returned and I know he is avoiding me. There is a lot more to this but I have to be careful what I post on a public forum.

Can my son take the ex Landlord to the small claims court for compensation for lost belongings?

Can he claim off the ex Landlord's insurance (if he has any that is!).

My son's rent was paid by Housing Benefit and he tells me the Benefits Office will have a copy of the tenancy agreement (although his was left behind when he left in a hurry) so he can prove his tenancy.

Please help, this situation is making me ill and has been going on for long enough. It makes me very angry that first my son's requests to get his stuff back were ignored, and now I am being ignored as well.

Many thanks in advance
SG x

[MrShed]

Hi,

Can you clarify the following timescales:

- When your son moved out
- When the fixed term was due to end
- How long before your son first contacted the landlord to attempt to recover the possessions

Also, I think we probably need to know(if you can) the reason for him being advised to leave.

[spiritgirl59]

Thanks for your reply MrShed.

I will make some enquiries and see what I can find out.

Love SG x

[MrShed]

No worries

[spiritgirl59]

Hi MrShed

My son left the flat on 7th January this year.

As far as he is aware, it as an open tenancy and not fixed term.

My son's friend informed him that all his property had been bagged and boxed up and moved into the cellar about a fortnight after my son left. My son spoke to the ex landlord after a month who said he would need to arrange for my son to have access to get his property but he never returned my sons calls.

The reason my son was advised to leave by the police was due to fear of violence following an armed robbery at the premises.

Hope this helps you.
Many thanks
SG x

[spiritgirl59]

Just bumping the thread.

Please can Mr Shed or anyone else advise me on this???

Thanks in advance
SG x

[MrShed]

Sorry, didnt see the reply.

IMO you are entitled to the value of the goods if you sued in court. A month, although not a short period of time(why did your son not contact sooner?), is still too short for the landlord to dispose of the goods/prevent collection of them.

[spiritgirl59]

Originally Posted by MrShed

A month, although not a short period of time(why did your son not contact sooner?), is still too short for the landlord to dispose of the goods/prevent collection of them.

Hi Mr Shed

Many thanks for your reply.

My son was given strict instructions to stay away from the property by the police as there was ongoing trouble there and he had already been attacked once. He did try to contact the Landlord about his possessions but he got totally ignored because the Landlord mistakenly assumed my son was connected with all the trouble there. It was later proved he had nothing to do with it but during the time the Landlord thought my son was involved he refused to have anything to do with him, or myself or my husband, as we offered to go and collect my son's stuff ourselves. Its been one nightmare from start to finish and I just want it sorted once and for all.

My son has said he will write to the Landlord, and if that is ignored then I suppose he goes down the route of the small claims court??? He had a lot of stuff worth several hundred pounds.

Love SG x

[MrShed]

Correct - small claims is the way to go.

Although the landlord can charge storage fees for the period of time, he is NOT entitled to claim the property was abandoned within that period of time, so has an obligation to ensure the property is kept safely, and released upon request.