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Hi I am currently a student studying in Manchester for university, however prior to this I was due to study in Plymouth and had signed a housing contract with a letting agency for accommodation.

 

However upon arrival I found the household to be below standard of a property that had been 'refurbished' with other issues such as leaving doors open in the house due to the threat of damp and mold. So in this situation i contacted the agency to inform them that i would be returning to Manchester and that I would return the next week to hand back the keys (whilst also still under contract to pay the rent until the room was relet) and that it was confirmed that any possessions i left in my room would remain untouched upon my arrival to pick them up at the next weekend.

 

However a week later I arrived back at the house to find my room had been entered and left unlocked with possessions such as my tripod and camera equipment having vanished since my last duration in the room. I was told by one of the flatmates that the landlord had gained access to my room which to me triggers a breach of contract as I wasn't given 24 hours notice as detailed in the contract and as a consequence of this I have now lost valuable items for my photography course at university.

 

I'm wondering which course of decision to make.

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You need to first contact the landlord and find out what has happened. Then depending on what he says, consider an lba.

 

For all we know, it could simply be a miscommunication and he has stored the items away. If he has taken them and he says he hasnt, then the criminal charge of theft needs looking into.

 

In the first instance, you need to speak to the landlord and get their side of the story first.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Issue LBA for what?

Legally, LL is only required to serve 24hr Notice for access on the T in the demised property, but ill-advised. OP does not state if he had AST for room only + communal areas or whether whole house was rented on a joint T. A single breach of entering without permission is hardly likely to be deemed harrassment or breach of quiet enjoyment on case law to date.

Certainly prudent to check with LL first that goods are not being protected elsewhere. If not, the break in & theft should be reported to police, required to obtain crime number for personal contents Ins claim. It is equally possible items were taken by another resident student.

OP was fortunate to get mutual surrender on those terms, so soon after start of T/term. I assume 10-12 month fixed term. If OP knew he would not be staying, why did he not take valuable items back home/Manchester?

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He took the items without permission while the tenant was not there. So if that is true, then he could give the landlord a chance through the lba instead of pressing criminal charges. if the ll denies it then the police would be the best course of action.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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  • 2 weeks later...

Hi guys, basically I'm trying to pull out of my contract, I was wondering what are the laws in terms of selling property under false pretenses when the tenant couldn't view the house before purchase. I've viewed more forums about trespassing by the landlord and it was in my contract that I had to have 24 hours notice before my room being entered (basically I left plymouth with the intention of returning back a week later, however i soon acquired a place at another university and needed to collect my stuff from the house)

 

I'm just wondering what the exact terms and laws are for this situation.

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It is renting or letting, not selling.

Preumably you had opportunity to visit property before signing or had details?

You signed an AST or Contract with LA and took possession, by moving in some of your property, hence T exists and LL could hold you liable for rent for full-fixed term. LL agreed to early surrender, until you accused him of entering your room and theft, despite Police investigation coming up empty. It could have been another resident, visitor or walk-in opportunist burglar. As you say there was a habit of leaving doors unlocked & open to combat damp etc.

 

All I can say is LL can only hold you liable for rent until room is re-let and new T moves in. LL is under no obligation to re-let during fixed term

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Hi

 

If your room was locked when you went away and unlocked and open with items stolen on your return my first port of call would be the police to report those item as stolen.

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Hi guys, basically I'm trying to pull out of my contract, I was wondering what are the laws in terms of selling property under false pretenses when the tenant couldn't view the house before purchase.

 

There is an expectation, when advertising properties, that a tenant will view the property. Therefore the advert will spell out the qualities of the property and won't seek to spell out its short-comings.

 

If a tenant takes a property without viewing, I would say that the tenant should ask specific questions about the property's short-comings.

 

For example, while my house is wonderful, there are three or four minor faults that I'm unhappy with, and I account for these faults in the deals I agree with tenants. If I include these faults in an advert, nobody will view. If a tenant views and I talk them through the issues, then they can come to a more informed decision.

 

It's not clear what you have said to agent. If agent had the understanding that you were giving up your tenancy and/or if rent was due and not paid LL may have taken view that removing and storing your stuff so that room could be re-let was a reasonable option and was potentially beneficial to you as it would limit the time you had to pay rent on the place.

 

While you have mentioned concern about your camera, you seem more concerned about getting out of the contract you have signed, so I sense we are only hearing one side of the story.

 

Removing and storing stuff is not theft, and selling it to cover obligations may also not be theft. And it doesn't sound like illegal eviction if you are living elsewhere and are intending to return only to remove your goods and leave.

 

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