I do apologise for the delay in reverting to you. I had to take a long phone call. Thank you for the above information. I am sorry to say that this is not going to be something your also can rely on in order to repudiate (cancel) the contract. a landlord is not ordinarily responsible for a tenants possessions. I would be very happy to tell you differently but I would not want to encourage you in terms of making an application for a court order to determine the tenancy on these grounds because unfortunatly it would be very unlikley that such an application would be successful. If your daughter does not wish to limit the property due to the incident, she can certainly attempt to replace herself as a tenant or even ask the landlord to remarket the room on her behalf subject to your daughter being responsible for his reasonable costs in doing so. Upon any replacement tenant been found, she can avoid liability for any future rent from that point onwards.
In terms of the landlord's responsibility for her belongings, I have better news. While ordinarily, the landlord is not responsible for attendance possessions, because the theft happened during a period in which your daughter was not allowed to occupy the property because she had no tenancy, for that period, the landlord becomes what is known as an "bailee" in respect of your daughters belongings under the Torts (interference with goods) Act if he allowed her to keep her things there for that period and did not specifically agree with her that this would be at her own risk.
Accordingly I consider that your daughter would have a claim against the landlord for replacement costs for the items that were stolen (assuming they had a commerical value) under this legislation. In order to bring a claim, in the first instance, your daughter would need to serve notice upon the landlord detailing the amount in question and asking him to settle within seven days failing which she reserves her right to issue proceedings in the County Court for recovery of the same together with interest and costs under the County Courts Act.
if you decide to pursue a claim,, she can issue proceedings using the course online issuing service:
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