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Landlors Disposal of tenants possessions

Landlors Disposal of tenants possessions

Postby jinkazama12 » Thu Nov 09, 2017 3:12 pm

Hi,

We live in a large managed block in London and at some point the building manager posted signs on noticeboards that bikes needed to be registered otherwise at some point in time "x" they would be removed ( this was instigated as bikes were everywhere in the car park etc ). So basically my bike was removed and then given to charity apparently with any others. I have asked which charity but had no confirmation leading me to believe they were sold.

I did not receive any notification personally and don;t read community noticeboards so I stated they have taken my property and I want the bike replaced or compensation etc - what is my standing here ? I understand in situations like this buildings have to do something with regards to abandoned cars and such but I believe I was not sufficiently informed,

Thanks
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Re: Landlors Disposal of tenants possessions

Postby atticus » Thu Nov 09, 2017 4:33 pm

Hello

Are you the same person as "jinkazama"? Your password can be re-set if you have lost it. Ask an administrator.

In this situation start by asking and getting full detail of what notices were issued, and where, how and when. Do you have any idea when your bicycle was removed?

Might you be able to make an insurance claim?
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Re: Landlors Disposal of tenants possessions

Postby dls » Fri Nov 10, 2017 7:34 am

You need also to check your lease, and any 'estate regulations' or similar issued under it.

Typically there will be a 'commn parts' are where no tenant has any right, but he and is owned by the estate freeholder. Legally, it is akin to leaving your bike in someone else's garden - save to the extent you are protected by your tenancy documentation.

It is no doubt not comfortable, but it is for you to start by establishing some sort of right if you can.
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Re: Landlors Disposal of tenants possessions

Postby theycantdothat » Fri Nov 10, 2017 2:24 pm

dls wrote:...it is for you to start by establishing some sort of right if you can.


The OP has the right not to have his property misappropriated. What needs to be established is whether the manager has any right which justifies interfering with the OP's right.

The first port of call has to be the lease. Whilst it is possible that the lease has something relevant in it, I would wager that this is a classic case of an agent making it up as he goes along. Absent any right granted by the lease, a right to remove and dispose of property cannot be conjured up by a sign on a noticeboard.
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Re: Landlors Disposal of tenants possessions

Postby atticus » Fri Nov 10, 2017 2:27 pm

OP says there were notices.

I am wondering whether requirements of Torts (Interference with Goods) Act 1977 were met.

And did OP have right to place bike on these common parts?
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Re: Landlors Disposal of tenants possessions

Postby jinkazama12 » Fri Nov 10, 2017 4:23 pm

Thanks Atticus,

I am jinkazama but I lost access to the associated email. The bike was chained to bike racks along with many many other bikes in the communal bike area. The notices were posted in a communal foyer area. I have checked the lease but there is nothing in there of any substantial worth which relates to this. I understand though the "leaving it in someones garden" comment as in effect it would become a dumping ground otherwise and as the development is large and in central London people have abandoned cars , bikes and such and it takes time, effort and money to remove them.
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Re: Landlors Disposal of tenants possessions

Postby atticus » Fri Nov 10, 2017 4:47 pm

bike racks? If there were bike racks, then this suggests some kind of permission to tenants to use them for their bikes.

You haven't really answered my other questions.
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Re: Landlors Disposal of tenants possessions

Postby theycantdothat » Fri Nov 10, 2017 11:42 pm

atticus wrote:I am wondering whether requirements of Torts (Interference with Goods) Act 1977 were met.


From what we know so far it seems unlikely. However, the OP can check by referring to Schedule 1 to the Act: https://www.legislation.gov.uk/ukpga/1977/32/schedule/1. There has to be doubt about whether section 12 applies anyway. Can the landlord or agent be said to be a bailee? Even if the Act applies and correct notice was given it does not give a right to make a gift of the bike.

atticus wrote:bike racks? If there were bike racks, then this suggests some kind of permission to tenants to use them for their bikes.


It does indeed.

I think the OP needs to ask the agent what his authority was for removing the bike and giving it away.
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Re: Landlors Disposal of tenants possessions

Postby jinkazama13 » Tue Nov 14, 2017 12:57 pm

Hi,

I have had to re-register as the system is not sending me a password for my jinkazama12 username. In answer to your questions Atticus -

1) A notice was sent to my boyfriend as he owns the flat via email, this simply stated that all bikes that were attached to racks had to be register or they may be removed without any prior notice, that was it word for word and this was sent on June 25 2016.

2) Apparently around the same time there was a notice put in the communal area by the lifts on a noticeboard.

3) Around March / April 2017 I went to see manager as my bike was gone ( I don't use it much but not the point ). They stated that half of them had been given to charity and that half of them remained which were going to be donated at some point. At this point there answers start becoming a bit odd.

4) It's now Nov 2017 and I've asked them to confirm which charity this was given too as I consider this my property but no reply.

Thanks
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Re: Landlors Disposal of tenants possessions

Postby atticus » Tue Nov 14, 2017 1:02 pm

You choose the password when you register. You then have to remember it.
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