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Can you help with some advice about whom a small claim should be made against involving a Housing Association Landlord and their sub-sub-contractors please ? I have incurred a few £100 property loss.
Yesterday, sub-contractors working -contractors to my Landlord - a Housing Association, removed property without cause and threw it in the skip.
They were clearing a flat and decided first time ever to remove my propewrty which was clearly stored, protected and alarmed, "by mistake" thinking it belonged to the flat they were clearing. The area from which they removed my property had nothing to do with the property they were clearing.
It is an entirely separate area from the flat and used by everyone.
We have had 4 other flat clearances and this has never happened before. Nobody has ever touched my stuff. But they did yesterday and "threw it all away".
The main item was a £500 roll up dinghy.
Thank you Mark
my name is ***** ***** I will help you with this.
please what would you like to know?
OK thanks and .
I am a tenant of a Housing Association.
Yesterday their contractors removed my property from a shared storage area
They claim that they assumed it belonged to a flat they were clearing out
This is the 4th such clearout with no other interference until yesterday
when they decided to throw it all in the skip
without even knowing who it belonged to
what do i do ?
my housing association first said it was a criminal matter
the police said it wasn't because it wasn't an intentional theft
the HA are now saying it's the sub-contractors fault
and that sub-contractor sub-contracts the flat clearances to another sub-contractor who admiteed to have taken my stuff
i have home insurance but this property will not be covered because it ws not under lock and key
So you have stuff moved out of your property.
6 years its been stored there & nobody has ever touched it
What is it you want to achieve?
no not out of my property, my things whiuch have been skpped were stored ina communal area which had nothing to do specifically withj the flat they were clearing
they've never touched it befor eyesterday
now its gone
How much to replace everything?
and there are 4 tenants here
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .
Can I clarify anything about this today please?
i had a 2 man inflatable dinghy, all rolled up in it's bag with alarm wires around it and the trolley it stood on, step ladders, tools, storage stuff on shelving - all gone
acn i ask who THEY are please ?
my housing associaiton or the subcontractors
i pay my rent to my housing association and they issue the wrok
You sue both, it would be the Court to decide who is to blame
there are 3 involved - the HA, their subby and their subby
You only sue the HA and the first contractor
ok definitely both?
thank you alex
Can I clarify anything else ?
I'm confused as their defence - will it hold water ?
they assumed it belonged to the tenant they were clearing is the best I'vegot from them so far
I do not think so, someone is to blame
there are 4 of us & nobody asked me i was in here all day
That is why the Judge will decide who
so you would advise that I have a claim ?
Yes. I think you have given what you have said
ok well thank you