Theft/Sale of goods left in house

[junebug]

I recently left a house for various reasons, had trouble with landlady, solicitors involved etc etc.

 

It has now come to my attention that one of the other tenants has sold some of my belongings left in the house as I was unable to move everything all in one go.

 

Am I correct in thinking the landlady still has a duty of care for my belongings, and this is theft? I have had no contact with the landlady or other tenants aside from through the landladys solicitors.

 

I have also discovered that the landlady has been discussing the matters between us with another tenant, such as her taking me to court (it was threatened but has since been resolved), me owing £2000 (not the case, and has also been resolved), my reason for leaving (bullying by tenant that has sold my belongings), and me breaking the tenancy agreement (not true and has been resolved).

 

Does anyone have any advice on this situation??!!

[unclebulgaria67]

Speak to your local Police. This is theft and needs investigating. Your landlady only has any a general responsibility, if they are a key holder to your room/flat and have not kept it secure.

[junebug]

Thanks! Thought that would probably be the best course of action, but wasn't sure. At no poitn has the landlady asked me to collect my belongings, but the tenant in question has contacted mutual friends threatening to 'bin my s*it' if I don't get it.

 

Some lovely people I knew

[Lea_HTH]

It's not necessarily theft - the other tenant could claim the stuff was abandoned, they could say they threw it out, not sold it. There has to be an intention to permanently deprive a rightful owner, before theft can be made out - and in the circumstances described, it could be reasonably argued that the stuff had been abandoned. The police almost certainly will not be interested and will tell you it is a civil matter, which you can resolve through the courts.

 

Under what circumstances did you move out? Did the LL say you could leave stuff there (doubtful since you said there were rent arrears and a solicitor involved - even if now resolved). If the LL did not give permission, then it will be reasonably assumed you abandoned the stuff and therefore the LL could dispose of it as she saw fit. She is not obligated to look after your belongings after your tenancy has ended, it is your obligation to remove them on the last date of the tenancy, or on the date that was agreed for you to leave...otherwise the LL is entitled to continue to charge you rent for the property your stuff is still occupying.

[junebug]

It's not necessarily theft - the other tenant could claim the stuff was abandoned, they could say they threw it out, not sold it. There has to be an intention to permanently deprive a rightful owner, before theft can be made out - and in the circumstances described, it could be reasonably argued that the stuff had been abandoned. The police almost certainly will not be interested and will tell you it is a civil matter, which you can resolve through the courts.

 

Under what circumstances did you move out? Did the LL say you could leave stuff there (doubtful since you said there were rent arrears and a solicitor involved - even if now resolved). If the LL did not give permission, then it will be reasonably assumed you abandoned the stuff and therefore the LL could dispose of it as she saw fit. She is not obligated to look after your belongings after your tenancy has ended, it is your obligation to remove them on the last date of the tenancy, or on the date that was agreed for you to leave...otherwise the LL is entitled to continue to charge you rent for the property your stuff is still occupying.

 

I left because I was being bullied by another tenant, they were filthy and disrespecful towards all other housemates, as well as displaying mentally unstable behaviour. Basically, I feared for my welfare. This behaviour is still going on, she seems to have taken some kind of vendetta against me - accusing me of criminal damage and all kinds of crazy stuff. All unfounded and without evidence (because none of it is actually true, mainly).

 

I was unable to take everything in one go because I had nowhere else to go at the time. They were not absndoned belongings.

[junebug]

Heard from landladys solicitors today - she's now trying to charge me £60 for damages apparently caused by me.

 

She also maintains that the tenancy agreement is a 6 month 'shorthold agreement', but in the 'term' section of the tenancy, she has written 'monthly' and nowhere in the contract doed it say it is a 'shorthold' agreement. Her she and her solicitors maintain it is a 6 month contract and if I fail to pay by 31st dec (I can make payment on 3rd Jan and have advised of this), they will issue court proceedings to claim over £1, 500.

 

Are they right to assume that I should automatically know that this was a 6 month agreement, despite what she wrote and also said to me and my mother (monthly rolling contract)?

[BazzaS]

At least she can't have it both ways if the goods were removed before the date the LL claims the tenancy ran to ...... If the LL is demanding rent in lieu of notice, they can't claim the goods were abandoned, as you were still paying rent?

[junebug]

Ah, hadn't thought of it like that! Good point

[Steve__M]

You've been unclear about some potentially relevant details. From what you say, it sounds like:

 

- you were renting a room in a shared house.

- all tenants had separate contracts

- landlady did not live there

 

Is any of the above wrong?

 

Where was the stuff that was "stolen" when you left? What did you tell the landlady when you left?

[junebug]

You've been unclear about some potentially relevant details. From what you say, it sounds like:

 

- you were renting a room in a shared house.

- all tenants had separate contracts

- landlady did not live there

 

Is any of the above wrong?

 

Where was the stuff that was "stolen" when you left? What did you tell the landlady when you left?

 

Room in a house with 5 other tenants, each having a separate contract, landlady did not live there.

 

Told the landlady exactly why I wished to leave (see previous posts), I think there may have been some boxes of my belongings in a cupboard under the stairs - landlady said it was ok to have there.