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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Accidentally left possessions in a rented accommodation. I

Customer Question

Accidentally left possessions in a rented accommodation. I would like to know if I have any legal case here. We (the tenants) left rented accommodation and arranged a moving company to pack and move the household. It seems they did oversee two crates with very expensive designer clothing (>£5K) in the house. The letting agency arranged 3rd party company for check-out report and indeed two crates of clothing were reported on the check-out report which we did oversee on the report. The house was being sold after we left the house. The new owner claims to have informed the former landlord and letting agency that some items were left in the house but never received any response and donated the clothing. The letting agency and former landlord had all our contact details present, but did not contact us. They also claim that they were only informed from new owner, after they disposed the items.
This is more a matter of principle than actually the value of the items being disposed since they cannot be replaced easily (limited edition designer pieces). Do we have any chance for claims against either the moving company, the letting agency, the former landlord or the new owner of the house.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Do you have receipts or evidence for the clothing please?
Customer: replied 2 years ago.
Yes we do have receipts or we could arrange copy of purchase proof e.g. from Harrods, Amex etc.
Expert:  Ash replied 2 years ago.
Ok. Potentially you have a case. You have a case against the removal company under Section 13 of the Sale of Goods and Supply of Services Act 1982 / Section 49 of the Consumer Rights Act 2015 by not acting with all reasonable skill and care.
You also appear to have a claim against the letting agent and/or Landlord if the agents failed to notify the Landlord. Against the agent is the same as the above. But against the Landlord you may have a claim under bailment. That is if something is held they have a duty of care to keep it safe unless you are notified to collect etc.
So yes, you do have a claim.
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:  or by completing form N1 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.
You can claim against all 3 in the same claim, so the Landlord as First Defendant, agent as second and removal Co as third Defendant.
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 for trial.
Can I clarify anything for you about this today please?
Expert:  Ash replied 2 years ago.
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