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powermandan
08-01-2010, 08:15 AM
Hello guys, hoping you might be able to give me some advice regarding an issue im currently involved in.

I live in a shared house, 3 rooms/ tennants paying directly to the landlord.

Basically my landlord, allowed a complete thug to move into my house, it was pretty obvious just looking at him, from day one myself and the other "friendly" housemate spoke to her regarding our our reservations to him moving in. The landlord did't even ask him for any references, or get any character references from employers etc. just before xmas my self and the other housemate spoke to her again regading some damage the thug had done to the house, she chose not to take any action at this point.

Unfortunatley on newyears eve/day, he had trashed the house, and stole a lot of my stuff then stole my car and smashed it up. luckily i was insured so i will hopefully be able to recover my losses against most of the stuff in the house, but i will still be left considerably out of pocket.

I had considered trying to take the "bad housemate to court" but he doesnt have a job and proberbly has no intention of getting a job for the forseable future so i will at best get 50p a month for the rest of my life :-(

This is the second time this has happened to me with the landlord, both times i feel could have been easily prevented if she had checked references and stepped in sooner.

Do you think i have any chance of taking her through the small claims court to recover the damages that were not covered by my insurance. ?
on the basis that she did not take reasnable steps to ensure the safety of myself and my stuff.

Thanks

Dan

Mars Mug
08-01-2010, 08:19 AM
Do you think i have any chance of taking her through the small claims court to recover the damages that were not covered by my insurance. ?
on the basis that she did not take reasnable steps to ensure the safety of myself and my stuff.

No, but in any case do you know that those 'reasonable steps' would have determined that this person is a 'thug', other than 'looks like a thug'?

powermandan
08-01-2010, 08:28 AM
he has criminal record for theft of a car, he was fired from his last couple of jobs for fighting with other staff (this is what he boasted to me). so im pretty sure a reference check would have turned something up

Mars Mug
08-01-2010, 08:36 AM
I don’t believe that even if a landlord decided to take on such a person after checking references that makes the landlord responsible for their actions.

Pobinr
08-01-2010, 08:36 AM
The law's an ass. Vote for the BNP if you want to see thugs like this where they deserve to be in slave labour camps instead of living off our taxes on benefits.

Mars Mug
08-01-2010, 08:41 AM
The law's an ass. Vote for the BNP if you want to see thugs like this where they deserve to be in slave labour camps instead of living off our taxes on benefits.

That would result in a lot of the BNP ending up is slave labour camps ;)

justaboutsane
08-01-2010, 08:41 AM
The law's an ass. Vote for the BNP if you want to see thugs like this where they deserve to be in slave labour camps instead of living off our taxes on benefits.

You really believe that don't you... more like the BNP will shake this person by the hand and encourage him to continue his behaviour towards those the BNP really don't like..........

powermandan
08-01-2010, 08:48 AM
um.... swings and roundabouts, there will always be thugs. vote for who you feel will run the country the best, as is your right in this democracy :D

Thanks for the advice anyway, im going to talk to CAS just in case i do have some legal avenue.

tom999
08-01-2010, 09:02 AM
Do you think i have any chance of taking her through the small claims court to recover the damages that were not covered by my insurance. ?
on the basis that she did not take reasnable steps to ensure the safety of myself and my stuff.Unlikely to succeed, as LL's obligations under an AST do not cover the tenant's possessions.

If tenancy was a joint AST, then next time do checks on LL and any housemates that you do not know, before agreeing to the tenancy.



The law's an ass. Vote for the...Your post doesn't actually help the OP and is just a repeat of your previous posts on the subject:
Is anyone on the Landlord’s side? (http://www.landlordzone.co.uk/forums/showthread.php?p=150189#post150189)
Entry to flat in last days of Section 21 (http://www.landlordzone.co.uk/forums/showthread.php?p=171985#post171985)

thevaliant
08-01-2010, 09:22 AM
Do you think i have any chance of taking her through the small claims court to recover the damages that were not covered by my insurance. ?
on the basis that she did not take reasnable steps to ensure the safety of myself and my stuff.

I think the best 'signal' you can send your landlord that this sort of thing is unacceptable is to look for alternative accomodation as soon as possible.

This will leave your landlady with her having to find another tenant and also still leave her with the 'thug' tenant, who if he is as bad as you make out, will soon be in rent arrears anyway.

powermandan
08-01-2010, 10:42 AM
arg....

CAB gave me a glint of hope :D, advisor is going to do some more research. I am planning on moving out though.

cheers again guys for the advice