To think my former landlord should pay for this?

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I have name changed for this one.

I recently moved out of a property that I had rented privately for 2 years. The property was left in better condition than what I got it in, I had put new kitchen flooring down and painted the whole place with the landlords permission.

I was a very good tenant, quiet, and always paid my rent on time and in full.

I moved out last week and it was quite stressful doing it pretty much alone with 2 dcs under 5. I had to leave a wardrobe behind because I was unable to dismantle it by myself, it was huge and I asked the landlord if it was OK to leave and pick it up on the 28th of April when I had help and a van. He said it was fine and I still have the very friendly text from him confirming once again that he was happy for me to pick it up the following week.

I went to get it yesterday to find that he had smashed it to peices and ripped it down. He obviously never had any tools. So just ripped it apart by hand and it's wrecked. It will never go back together again now and it was only 2 months old. I still have the receipt for it and it cost £200.

Landlord turned up when I was collecting it and I asked him what happened. He said it was the painters that done it but refused to give me the name of the painting company. He offered £80 towards the cost of a new one. I am not happy with that because - and this is where I may be being unreasonable - I don't see why I should have to pay another £120 out of my own pocket to replace something that I didn't damage and left in the care of the landlord. He told me twice that it wasn't a problem and that he was happy for me to collect it on the Monday.

When he disappeared, I knocked the neighbours door (she's very nosy which came in handy - lovely, but nosy) and she said it was the landlord himself who was doing the painting because she was speaking to him about it during the day and he said it was cheaper to do it himself. This is how I know it was him who smashed the wardrobe.

Aibu to think he should pay for the damage and replace it?

Yes, can you get a witness statement from the neighbors? Obviously keep any txts etc as evidence. Send him a letter by recorded post explaining what has happened to date, and that you expect reimbursement for the full amount within seven days. At the end of this time, if has has not reimbursed you, saying you will be seeking recompense for the full amount, including court costs, through the small claims court. And if he doesn't do it, then file an online claim. Do you have photos of the wardrobe? Gather any evidence you can.

He should pay for it, the cheeky so and so.

Yes its against the landlord. He was the one who allegedly let other people into the property, and I believe the op still, just about, had a tenancy that wasn't finished. Although even if you had left it there after that, he's still not allowed to smash it up.

I am a landlady, and I would never do this. If I needed something to be removed then I would given the tenant plenty of chances first, or maybe try to help.

Also, he may be in breach of contract here. He smashed up the wardrobe before your tenancy actually ended, as you say it ended on 28th April. So, assuming all tenancy agreements were properly signed and legally binding, the property was still your home at that point. He had no right to do what he did.

Go to the small claims court, or the county court, whichever it is. It isn't always as expensive as you might think, and absolutely he should reimburse you. He smashed up YOUR possessions, during YOUR tenancy.

Go for it. This landlord is the sort to get us all a bad name.

Thanks so much for all the advice it's really helpful and I think I will give him a text and go through the claims court, or at least threaten to until he coughs up for a new one.

It was my property in my house and I honestly can't afford to replace it otherwise I'd have backed down and put it to experience.

The house is not actually in his name, it's in his sisters name for tax purposes does anyone know if that will be an issue in court? The name on my tenancy agreement is his sisters name but I paid him every month and dealt with everything through him.

The damage allegedly having been done by someone other than your former landlord is a red herring. Your dispute is with the landlord and he is the party who should compensate you for your loss. All of it. Every single penny.

DO NOT communicate with your former landlord by any means other than IN WRITING! Like a proper pen-to-paper letter. Text messages are for kids and are not appropriate or even formal in this context, most especially if you have any hope of succeeding.

Sue him.

You need to send him a "Letter Before Action" giving him the opportunity to compensate you for the loss of your property BEFORE you apply to the court. Make sure you actually put that "Letter Before Action" as a heading on your correspondence.

Sounds like he is effectively his sister's agent, and there is some sort of tax dodge going on. Even more likely then that he will not want you going to the small claims court.

I should think you will have to name his sister, as the official landlady, but I would be at pains to make clear who I had been paying the rent to, and keep / present any texts or emails you have which prove his involvement.

Your property was still damaged whilst the house was officially still tenanted to you. That is what really matters.

Go to CAB just to make certain of your position, but they really have no leg to stand on.

That's so out of order, have you taken pictures of the smashed wardrobe ?

Name both of them on the claim.

But write them a letter first.

Have you got a copy of the inventory OP? You might have to prove that there actually was a wardrobe in the first place. Just a thought, keep it handy.

The wardrobe won't be on an inventory as it belongs to the OP not the LL and is only 2 months old.

"The house...is in his sister's name, for tax purposes"

After you have sorted out this dispute and got compensation for your wardrobe, I'd put in a call to HMRC, just so they can check his arrangements are all in order.

Yes, I was just thinking that HMRC might be interested.

It sounds dodgy. He is very likely trying to avoid paying tax. As I said though, even more likely that he will want to avoid you taking it further.

Go for it. Hopefully get reimbursed for the cost of your wardrobe, and then report him for possible tax avoidance.

The "Letter Before Action" needs to be addressed to the party named on the tenancy agreement as the landlord. The man who smashed your property up was acting as the landlord's agent but that's not the person who should compensate you.

Your tenancy had not ended and you had not surrendered the property as you still had the keys plus the brother admitted he was expecting you to remove the wardrobe before you gave the keys back, so he's just been a bloody git. I'm sure his sister won't welcome court proceedings in her name.

And most definitely won't welcome the attention of HMRC when you tell them later.

The wardrobe won't be on an inventory as it belongs to the OP not the LL and is only 2 months old.

Ah, yes, good point. In that case OP might it be worth sending him an email asking him to confirm how much he offered to pay to reimburse you for your £200 wardrobe that his decorators ruined.

Then, even if he replies, £80 you will have something in writing.

Otherwise, he might just say, 'Wardrobe? What wardrobe?' iyswim.

Faire she doesn't need to do that as she has texts recording the agreement about collecting the wardrobe. No point in muddying the waters - I'd just get on with writing to the landlord as named on the AST cc to the agent, who she's been dealing with.

But he might say she took it. If he is unscrupulous, lying about how it got broken and trying to dodge the tax man, what is to stop him saying, yeah she collected it and took it away?

Sorry for the late return - that's what I'm worried about, him just saying he knows nothing about a wardrobe and it was never there in the first place..

I'll make an appointment with cab but I'll write a letter stating my intent to start legal proceedings

It doesn't matter whether the tenancy was still in place or not. The LL must keep safe anything left by a tenant for a certain period of time - sorry I can't remember how long the period is, I think it might be 28 days - Citizens's Advise will be able to tell you OP.

I had this with a tenant of mine who was evicted by court order after 6 months of non payment of rent. He left a load of stuff at the property and we had to keep it safe until he was ready to collect it, which he didn't in the end. I assume the law applies equally to tenants who have paid their rent and leave the property at the agreed time.

Don't accept the money he's offering you. CAB would be my first port of call and a solicitor's letter.

Where is it now? Did you take the broken pieces with you?

Is it worth sending him a 'last chance to fix this in a friendly manner' text? Something like 'I've been thinking about it and I'm not happy that you have only offered me £80 to compensate for my wardrobe. I would like £200 please. I don't have the money to replace it. Thank you, I have such good memories of that house, I wouldn't like to leave it like this.'
If he says no, then get all small claims on him.

I would tell him you'll report to police. It is criminal damage. He might pay up, otherwise yes report it.