fiffie Posted June 26, 2011 Report Share Posted June 26, 2011 Thank you so much for previous support - one little question - lovely tenant has now gone thank god and of course house is trashed - nicked the patio slabs can you imagine???? anyway onwards and onwards...........she left a lot of furniture can I legally take it to the tip? she did a runner so have no idea where she has gone to, though I do know where her parents live. I am so tempted to dump it at their house, but it is just as easy to go to the tip. Thank you. (Tenants - don't you just love'em?!!) Link to comment Share on other sites More sharing options...
Melboy Posted June 26, 2011 Report Share Posted June 26, 2011 Send a recorded letter to the Parents informing them their Daughter's furniture will be disposed of in 7 days if not collected ASAP. Your sending the letter through them as you cannot contact their Daughter by any means. Take photo's of what you are shifting out. Any comebacks in the future.....tough on them for not responding to your letters. Mel. Link to comment Share on other sites More sharing options...
fiffie Posted June 26, 2011 Author Report Share Posted June 26, 2011 Thank you! Link to comment Share on other sites More sharing options...
Melboy Posted June 26, 2011 Report Share Posted June 26, 2011 Mind you I would be tempted to dump it all at the Parent's house if it was on my to the tip. But if the Parent's were not involved in their Daughter's happenings why blame them? As a pointer I know a landlord in my area who takes no nonsense fronm his tenants and in the 10 years he has been a landlord he has never been successfully prosecuted for what he has done to tenants who have crossed his path with their bad bevaviour towards him. Some have tried but never successful. Maybe ALL landlords should make a stand when it is blindingly obvious that what a tenant has done is wrong and then tries to hide behind the law for protection. Mel. Link to comment Share on other sites More sharing options...
fiffie Posted June 26, 2011 Author Report Share Posted June 26, 2011 Parents fully aware and behind this daughter's bad behaviour - parents said they would be guarantor for her too, but I think the costs to pursue her and them would be too long winded. Mother helped her steal the patio slabs, the compost bin (!!), the hedge trimmer and the greenhouse. Of course this is a lesson for us not to leave anything, but somehow I always try to be nice! But we live and learn..........!! Thank you for your advice/help/support! Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 26, 2011 Report Share Posted June 26, 2011 Anything removed (by the T) is theft, report it and keep the crime number on file. You may be claiming on insurance anyway. Fly tipping at the parents will come back on you, even if they deserve it. I don't see that writing to the parents has any legal foundation but do it anyway. I would also write to the last known address of the T, your property. Registered and signed for, by you. You have a duty of care for the T's belongings, others will clarify but I think for 3 months. Yep tosh innit. The T 'may' litigate for the value of the belongings, so record the monies due to you from the T. As you say it's likely pointless making claim to get nowt, just more money spent. But your evidence would be designed to act as counter claim and wipe any T claim out. If there is no claim in the duty of care time limit you have evidence that you gave notice. If you don't act illegally it's then just arguments over money, here you have advantage over a lazy, stupid, skint T. Link to comment Share on other sites More sharing options...
LLAW96 Posted June 26, 2011 Report Share Posted June 26, 2011 The issue of bailment arises here and this has been covered in previous posts in detail. Have regard to the Tort interference with goods act 1977 Link to comment Share on other sites More sharing options...
fiffie Posted June 26, 2011 Author Report Share Posted June 26, 2011 Oh - am slightly out of my depth! Do you have a link I can look at please? thank you. Link to comment Share on other sites More sharing options...
Richlist Posted June 26, 2011 Report Share Posted June 26, 2011 Not all the information you have recieved here is correct. This should clarify the situation:- http://www.landlordzone.co.uk/uncollected_goods.htm Link to comment Share on other sites More sharing options...
fiffie Posted June 26, 2011 Author Report Share Posted June 26, 2011 Wow - thank you - we thought they had left rather a lot of stuff in the house and this afternoon we tackled the attic - full of things and a gun!!!! So, I will be off to the police station with that! Idon't really believe that people live like this and flit rom pillar to post. Thank you! Link to comment Share on other sites More sharing options...
chickpea Posted June 26, 2011 Report Share Posted June 26, 2011 Just a quick piece of advice - I remember hearing a news item on someone who found a firearm in their front garden and took it to the police station...whereby they were prom ptly charged with being in possession of a firearm! You'd be better off phoning your local station first and seeking advice. Link to comment Share on other sites More sharing options...
fiffie Posted June 27, 2011 Author Report Share Posted June 27, 2011 Ha - I would be surprised if the LL EVER has the law on his side! Thank you once again! Link to comment Share on other sites More sharing options...
Melboy Posted June 27, 2011 Report Share Posted June 27, 2011 Ha - I would be surprised if the LL EVER has the law on his side! Thank you once again! How true! How is it in 21st Century Britain a Scumbag tenant can steal your patio slabs and flog them, steal property from your house and remain untouched by the law? Yet, if you lift one finger against their "rights" the strong arm of the law will come down on you....the sillier the action you take the heavier the outcome. Crazy!! I personally wouldn't allow it. Ridiculous state of affairs imo. Mel. Link to comment Share on other sites More sharing options...
Richlist Posted June 27, 2011 Report Share Posted June 27, 2011 How is it in 21st Century Britain a Scumbag tenant can steal your patio slabs and flog them, steal property from your house and remain untouched by the law? Ridiculous state of affairs imo. Well it would be if it were entirely true. Its really quite a simple concept.......most people already understand how it works: Successful prosecution usually follows the production of satisfactory evidence. So, if you can't produce sufficient evidence you won't prove guilt and the suspect will escape prosecution. Your cynicism won't change anything. Link to comment Share on other sites More sharing options...
Melboy Posted June 27, 2011 Report Share Posted June 27, 2011 How is it in 21st Century Britain a Scumbag tenant can steal your patio slabs and flog them, steal property from your house and remain untouched by the law? Ridiculous state of affairs imo. Well it would be if it were entirely true. Its really quite a simple concept.......most people already understand how it works: Successful prosecution usually follows the production of satisfactory evidence. So, if you can't produce sufficient evidence you won't prove guilt and the suspect will escape prosecution. Your cynicism won't change anything. So what would you do then Richlist? If someone blatently stole from your property? Clearly in Fiffie's case the patio Fairy hasn't lifted and removed these patio slabs and the other many garden items and sold them on.... so the finger of guilt must initially point to the tenant. Nothing cynical about my replies either. We are talking about common theft here by a person who has a duty of care to the landlord's property placed upon them not an act of selfishness on my part to change anything. COR has the right idea....report the theft to the police who of course will do nothing about it...(that's cynical by the way) because as we all know they cannot be bothered with petty crime anymore as many newspaper reports on house theft have revealed. (including my Son who was broken into and robbed of his house & personal possessions). This Country has lost it's way on petty and major crime. Mel. Link to comment Share on other sites More sharing options...
Richlist Posted June 27, 2011 Report Share Posted June 27, 2011 So what would you do then Richlist? If someone blatently stole from your property? Thats a typical classic response from a cynic. In my world there is no fix required, all the necessary processes already exist........just read my previous post.. COR has the right idea....report the theft to the police who of course will do nothing about it...(that's cynical by the way) because as we all know they cannot be bothered with petty crime anymore as many newspaper reports on house theft have revealed. (including my Son who was broken into and robbed of his house & personal possessions). There are mechanisms already available for the OP to take action through the courts......why does that present you with a problem ? Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 27, 2011 Report Share Posted June 27, 2011 It's cheaper for the Police to not pursue many crimes, a situation apparent even before cut backs and entering a new age where crime will increase due to increased social deprivation. There may be a justification in that it costs the Police more than the value of loss, and it's insured anyway. But that's just a short term view. Having intentionally been abused for many thousands on many occasions, and then finding that the systems that purport to offer protection, Police and Courts, only cause us more expense and effort, I will now only use them for a likely definite outcome. Report a crime for insurance purposes, use the Police to harass a bad T where I would be at risk from Shelter, Housing Enforcement Officer and / or CAB. S21 for repossession, but even that 1 power we have over 'our' belonging is becoming questionable as to the result. Being told by a judge that my claim is wiped out as I should have not have allowed for it to develop, in other words I should pursue at the earliest. For a judge to tell me off for removing my suit jacket in the court on a warm day when the G (defendant) was dressed like a tramp. After it had taken 5 months to get to Court for a Judge to say that he felt maybe the defendant should have time to take advice. No defence had been offered. To be told I must 'prove' a bedroom door had been damaged and off it's hinges, when the County Court is supposedly not about proof but demonstrating likelihood (easy with photo's and text responses), but no interest. A confusion between criminal law and civil law I believe. A judge 'negotiating', as arbitrator, the claim of £1,600 down to £750. Then making the 1st payment of £20pm 2 months ahead. Not difficult to see there was nowt coming my way as "the courts don't deal with settlement payments any longer". There are many that view that justice is not seen to be done by our 'systems'. It follows that there will be an increasing number who will develop their own methods of justice and social values then slowly deteriorate. But if the justice systems allow these obvious abusers to escape justice, thereby encouraging more situations to develop, then if we LL's abuse will we escape 'their' justice also? Not so likely as we are well aware of the imbalance of sympathy toward T and L. As a small example, We take £500 deposit and don't protect, there is a designed incentive for it to cost us £1,500 and return the £500. T doesn't pay £500 rent, no penalty. Even if he keeps the HB and many would view that as fraud, no penalty. Like you say RL my / our belly aching won't change anything, well apart from some peoples attitude to all this perhaps, but by 'eck it feels good some times. Link to comment Share on other sites More sharing options...
Melboy Posted June 27, 2011 Report Share Posted June 27, 2011 Well said COR. Link to comment Share on other sites More sharing options...
Richlist Posted June 27, 2011 Report Share Posted June 27, 2011 The words bitter & twisted spring to mind. There is no system that is perfect or that will cover every eventuality. Serious crime often goes unpunished because there is lack of evidence and judges often make the wrong call. There is no reason why it should that be any different for property crime That doesn't mean every crime fails to have a satisfactory ending for the victim and not everybody shares your views on justice. Perhaps other have had better advice, employed more experienced legal people or just learned to play the game to win. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 27, 2011 Report Share Posted June 27, 2011 Not my fault you started it Link to comment Share on other sites More sharing options...
Richlist Posted June 27, 2011 Report Share Posted June 27, 2011 Perhaps we now have a clue as to why you are so unlucky in court. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 27, 2011 Report Share Posted June 27, 2011 My wife said that the suit I was wearing should have been more than my birthday suit. Maybe the Judge doesn't like show offs ?? Link to comment Share on other sites More sharing options...
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