Landlord and Ex Partner Holding My Possessions Hostage

Landlord and Ex Partner Holding My Possessions Hostage

19:26 PM, 12th September 2014, About 10 years ago 19

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When landlords fall on hard times …. Steve is that landlord and has submitted this cry for help. I have no idea what to advise him so I’m hoping others here will be able to point him in the right direction. The remainder of this article is Steve’s own words ….

I have recently been evicted from a privately rented property for rent arrears, which I acknowledge and admit. Landlord and Ex Partner Holding My Possessions Hostage

During the whole period of the tenancy there was constant harassment, threats and intimidation from both the landlord and his wife, even before the rent arrears. These people lived next door but one to us and the police were called on many occasions because of their behaviour.

The eviction took place when I was away from the property, the gas and water was also disconnected. The police were called but were not interested. The utility companies were called but amazingly would not turn the services back on. I am now forced to live elsewhere, in the car at the moment!

Meanwhile, my now ex partner, by crying and begging has made her peace with the landlord and he has given her a new tenancy agreement, even though she has no visible means of paying. Having taken his side she now refuses to let me have my furniture, TV and other personal possessions which are still in the property, even though at the time of my eviction she had literally lived in the house for only 24 hours! We had lived together in Spain in the previous two years but she had to leave that house when it was repossessed because she had not paid the mortgage for 5 years. At the same time my former landlord has removed my clothing from the house and is refusing to let me have it unless I settle the CCJ he has for the rent arrears in the amount of £2,750 (the clothing is worth much more than that).

The reason for the rent arrears is that my own property business (24 properties) is in administration. I have always assured the landlord he will be paid when the process is settled but it is taking (has taken) much longer than anticipated. I am assured there WILL be a surplus as the assets greatly outweigh the liabilities and the difficulties were caused by cashflow problems at the height of the credit crunch some years ago when the banks withdrew funding and we never recovered from it.

Anyway, the point of the story is that both of these people are holding my things illegally and I want them back. I have contacted the police who say they can’t help and I can’t afford a solicitor at the moment.

Any advice would be greatly appreciated.

NOTE TO MARK ALEXANDER

Mark I would sincerely love to make a financial contribution to your website but the truth is at the moment that because of this situation I am literally living in the back of my car with my dog and the clothes I stand up in.

I doubt you will remember but we actually met many years ago. I attended one of your seminars when I was looking at investing in property, which I actually did in a small way, just 24 BTL’s, now part of my administration. Anyway, you happened to sit next to me and humorously complemented me on my watch (a blue on blue bi-metal Rolex Submariner). I say humorously because you happened to be wearing the same watch and I returned the complement. I am glad things seem to have worked out better for you than they have for me at the moment. Any help or advice you can offer would be hugely appreciated. Part of the problem I have is that I have been to the police but they say they can not help as it is a civil matter and I can not get legal aid for a solicitor to help in this matter and of course I can’t afford to pay. Have a great weekend.

Ward regards

Steve


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Mandy Thomson

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7:02 AM, 13th September 2014, About 10 years ago

Reply to the comment left by "Rosalind Beck" at "12/09/2014 - 23:27":

Absolutely - they can't take clothes, bedding, cookers, fridges or anything you need for work. They're also not allowed to take anything belonging to a child.

They CAN take non essentials such as TV etc.

However, these people (the "landlords"), as far as we know, haven't even been granted a possession order for ANYTHING, let alone what they're holding!

Mandy Thomson

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7:48 AM, 13th September 2014, About 10 years ago

Reply to the comment left by "Robert Mellors" at "13/09/2014 - 00:19":

Hi Robert,

I'm not for one minute saying you're wrong about benefits and property, but in a practical sense, such a claim is likely to be refused initially, and the claimant is likely to have to go through a long drawn out, even stressful process to get it, I suspect being interviewed over and over again by the Job Centre Compliance or Fraud Investigation teams in the process.

Basic DWP guidance isn't really written with distressed landlords in mind, and no doubt a lot of people (especially landlord bashers) would say that as we hold valuable assets that can command high rents we wouldn't deserve benefit..! Landlords are often seen, even by themselves in some cases, not as business people, but private investors, and that's certainly how HMRC categorise us...

However, where Steve is concerned, it seems the property is owned by his company, a separate legal entity, so he shouldn't encounter any trouble if he claims JSA, though his lack of a permanent address could be an issue.

If he can't use a friend or relative's address, the job centre should allow him to use the address of a homeless shelter, or failing that, the job centre itself.

It is imperative that all mail is collected and read when you're claiming benefit, as if you don't comply with any additional instructions (e.g. attend a compulsory workshop or meeting) your benefit is likely to be sanctioned. He may also be asked to sign on every day instead of just fortnightly.

Sometimes claimants don't get their mail even when they do have an address they live at. A useful tip I learned when I worked at a job centre was a lot of canny claimants would ask what mail was coming through for them when they visited the job centre, and noted the details or had the document printed for them.

Steve might also get temporary help while he's waiting for a benefit claim to be processed, either through DWP or from his local authority http://england.shelter.org.uk/get_advice/money_problems/in_a_crisis/cash_in_a_crisis

Stephen Thompson

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9:56 AM, 13th September 2014, About 10 years ago

Thank you all so much for your concern and comments so far. The latest news is that as of today 13 September i have managed to secure a privately rented property and housing benefit and JSA as from next week. Of course the difficulty i now have is that i have nothing to put in the house, but it will be far better than sleeping in the car. Personally i can't understand why the police are unwilling to help as to me it would seem a straightforward case of theft by both parties (me ex and ex landlord) and maybe even of trying to extort money from me given that they are demanding payment for the return of my own goods, which in the case of clothes, tools and computer etc, even court bailiffs would not be allowed to seize. Anyway, next week i will visit my local CAB to see what advice they can offer. Many thanks again everyone, i wish you all a great weekend.

Best Regards
Steve

Joe Bloggs

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10:00 AM, 13th September 2014, About 10 years ago

a sorry tale, illustrating the importance of personal involvement and having a cash flow cushion for a rainy day....

Andrea Peacock

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10:36 AM, 13th September 2014, About 10 years ago

Hi,
Sorry to hear of your problems, but in the grand scheme of things I know plenty of people who would happily swap circumstances with you. It would appear you have your health, your dog and a car so whilst your circumstances are reduced, with the right approach this is a temporary set back. The fuss about some lost clothing is distracting you from tackling far more serious issues, nobody needs flash clothing, I buy 90% of mine second hand, even shoes. GET A JOB, then rent the cheapest room you can find that will take the dog, get down to the pound store clean the room keep it spotless, be nice to your landlord and everyone else you meet , get a second job, keep busy eat well, enjoy the challenge of making fab soup from veg from Aldi, walk the dog, don't watch television, if you still have the watch sell it , then think about what you went to do with your life and move forwards rather than blaming landlords exes etc for your problems. Chanel your energy into the real issues,get the best out of the administration, I am sure you have the wit and determination to rebuild your life and in a couple of years you may well be grateful for he lessons learned about lifes priorities , health comes before wealth , look after yourself and your dog Good Luck Andrea

Stephen Thompson

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11:06 AM, 13th September 2014, About 10 years ago

Reply to the comment left by "Andrea Peacock" at "13/09/2014 - 10:36":

Hi Andrea, thanks for your sound and helpful advice. The watch is long gone and i have already done all of the things you mention, with the exception of the job, which is impossible without an address, which i have as of yesterday. Like the watch, the other things i don't miss for what they are (clothes, furniture etc) but i personally don't see why people should be entitled to just steal my things which are the culmination of my efforts so far in my life, i am 56. And it would seem so far that i have no form of redress. I am not one of life's spongers and have worked hard and honestly all of my life. It seems to me one of today's problems in life that some people just have a huge sense of entitlement. I promise you i am not one of them and i am not trying to evade my liabilities with regard to my previous rent arrears. I understand the pain of non paying tenants as much as anyone. I simply want back what is mine. Thanks again. Have a great weekend.

Best Regards
Steve

Mandy Thomson

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11:09 AM, 13th September 2014, About 10 years ago

Reply to the comment left by "Stephen Thompson" at "13/09/2014 - 09:56":

Hi Steve,

I'm really glad you've been awarded benefit and somewhere to live.

Please bear in mind what I said in my last post about ensuring you get all your post from the DWP, as if you miss any appointments, whether regular signing on, additional meetings or workshops, they are very likely to sanction your benefit, then if JSA is stopped, LHA or housing benefit is normally stopped too.

Although in the scheme of things, some lost clothes may seem a lessor detail, they are obviously of importance to you, and particularly in your present circumstances not easily replaced, as even second hand items can be expensive when you have next to no money, and you obviously feel betrayed by people you trusted, who certainly aren't doing well by you by any means! Having said this, Andrea is right insofar as if you become obsessed by this and let it get to you, you won't be able to move forward, and you do still have a lot of other concerns with your business and trying to get a job, at least only temporarily. So just put the court claim through then try to put it out of your mind until the court contacts you.

Good luck,
Mandy

Anthony Endsor

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12:35 PM, 13th September 2014, About 10 years ago

Hi Steve

I'm glad you've managed to find somewhere to live. At least now you can begin to recover, as without an address you'll be held back with everything. Not only would it be difficult for you to receive post, but it could also affect other things such as possibly getting a job, or even simply buying some things, or getting credit.
All the best to you in getting sorted, and have a good weekend.

micky alderson

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12:57 PM, 13th September 2014, About 10 years ago

Have you considered a counter claim a the County Court ?

A judge may even award you some Compo for loss and stress caused by this unhappy Saga.

Your EX. sounds like a barrell of fun,

So grow a pair, bang on the table, get all this shit recorded , and while you're about it see your GP for the stress.

GOOD LUCK,

Micky Alderson

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