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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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i live in a student home, and my landlord has access to the

Customer Question

i live in a student home, and my landlord has access to the communal area without notice, he came to the kitchen when it was a mess without informing any of us, and then starting taking out rubbish that was in and outside of the house, and chucked it away. My clothes had been in the wash that day and put in a bin bag as i was going to go and dry it and left near the entrance door away from the bins.
what is bad about this situation, is that he came through the back door, which doesn't lock. and is claiming that he had not chucked the bag of clothes away, when we all know it was him.. he is offering me £150 compensation, which doesn't even cover 3 items of clothing, as most of my wardrobe was in that bag. is there anything i can do?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

JACUSTOMER-adgcx7w2- :

Yes I would like to know my options

tdlawyer :

He cannot simple re-enter the premises (any part of them) as and when he likes. He MUST obtain your agreement.

tdlawyer :

He needs a court order to re-enter without your consent.

tdlawyer :

If he has removed any clothing that belongs to you, then obviously, you'd be entitled to a sum of money in order to replace that clothing.

tdlawyer :

Normally, the measure is the market value of the clothing that was taken.

tdlawyer :

You would need to show, on the balance of probability (i.e. it was more likely than not) that he took the clothing.

tdlawyer :

If he's the only other person that has been in the area, and it does look like a reasonable court might conclude he was responsible.

tdlawyer :

If you wish to issue a claim, the money only, then you can do it online: www.moneyclaim.gov.uk

tdlawyer :

If, however, you want to take action by the court to prevent him from coming into the property again, without your consent, then you can do that by applying for an injunction. You cannot do that online.

tdlawyer :

You would need to issue a claim in the High Court (or the County Court) if you if you are seeking an injunction. You would use an N1 Claim Form.

tdlawyer :

You would also use an N244 (application notice) if you wanted an injunction more urgently.

JACUSTOMER-adgcx7w2- :

okay, so further to this he claims that under the property is specicific to hmp propertu ordeer that he has access to comunal areas in order to be able to maintain the property and fire alarm systems in accordance with regulations? But does he have the right to start taking out things in the kitchen without telling us? lets say he had no clue that the bin bag of clothes were clothes and were just taking out the bins..surely something like that he would have had to inform us he was doing so? especially when it was in the house? they took out our pizza boxes aswell with food still in it, which had only been brought the day before, but because it was in the kitchen as the time that they were having a clear out, they chucked that too..there must be some kind of rule agains this. And as for the door situation, the fact that they came through the back door, as because they didn't have their front door key. anything about that? (our back door doesn't lack, and to access it you have to go fro the neighbourgh's garden to our). Furthermore, the day that i signed my contract, the landlord and my father accidently put down mu rent per month as 380)it is supposed to be 410), and it is written on my standing order form which he checked at the time, and so i have been making payments of 380, but since i told him i was making he claim, he says that he will make a counter claim for me to pay back the extra rent..but i have gone 8 months, paying 380, so can't i overrule that, as it is the first time he has reminded me of this, (i didn't know) and i leave the house next week?.. lastly, he is trying to say that my contract term is until the 31st of July, and so would be bounf to occupy the property until then, however i also remember it stating on the contract that i may give a months notice, and if the landlord agrrees may leave the property..which he has, i have him my notice 2 months ago, which he accepted? so surely that claim by him is irrelavent?

tdlawyer :

He cannot start taking your property without your consent- simple as.

tdlawyer :

Nothing legally significant about the back door or front door distinction.

tdlawyer :

He can only claim the rent agreed on the actual rental agreement.

tdlawyer :

You need to check the written agreement for the notice period to be sure.

tdlawyer :

If you gave him notice 2 months ago and he accepted it, and you only have to give one month's notice, then you should be absolutely fine.

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