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Identify the problem and whether the allegation amounts to theft or trespass to goods.
''Theft. ''
If the possessions have been stolen by the landlord or persons unknown then this could be theft.
Definition of theft (text-colour:#b31b34)[''S1(1) Theft Act 1968:''-
//A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly. //]
If this is the case, then you need to refer the theft to the police for investigation. This is not a housing law issue on its own.
''Trespass to goods. ''
If the possessions have been seized by the landlord who says he will return the goods if the tenant clears a debt, for instance rent arrears, then this is not theft but “Wrongful interference with goods” AKA “Trespass to goods”, set out in the (text-colour:#b31b34)[''Torts (Interference with Goods) Act 1977.'']
This is both a civil wrong in its own right and may also constitute harassment.
Relevant definition of harassment (text-colour:#b31b34)[''s1(3) Protection from Eviction Act 1977:']'-
(text-colour:#b31b34)[//If any person with intent to cause the residential occupier of any premises—
(a) to give up the occupation of the premises or any part thereof; or
(b) to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof; does acts likely to interfere with the peace or comfort of the residential occupier or members of his household.//]
Links:
(link: "Article on trespass to goods")[(goto-url: 'https://www.lawteacher.net/lecture-notes/interference-with-goods.php')]
[[Step 2 - Questions]]
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1. Ascertain from the tenant who holds the goods and where they believe the goods to be held.
2. Clarify how long the goods have been seized.
3. Establish the conditions for the offence; ie how much is the debt claimed? What is the debt supposedly for? Has a court made any determination on a debt?
4. If the goods are returned, does the complainant have the ability to collect them and somewhere to store them?
5. Make a list of the goods being held, paying particular attention to any crucial items such as passports, bank cards, immigration documents etc.
''Clarifications''
If there is a court order for debt this would still not allow the landlord to seize the goods - only a debt order itself issued by the court would allow for seizure and this would have to have been carried out by a court bailiff.
If the complainant has nowhere no ability to collect the goods or anywhere to store them then the local authority may be under a duty to do so on their behalf if the person has been placed temporary accommodation by the council’s homelessness service. S211 Housing Act 1996.
The council also has the power to:-
(text-colour:#b31b34)//[a) enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and
b) deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage
s212(1) Housing Act 1996. ]//
Where a complainant is not accommodated by the homelessness service, it is unlikely that they will remove and store due to costs.
[[Step 3 - Possible Courses of Action]]
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''Civil injunction. ''
The standard route to recovery is through an injunction ordering the goods to be returned, citing s3(2) Torts (Interference with Goods) Act 1977
https://www.legislation.gov.uk/ukpga/1977/32
They would need to be eligible for legal aid and to be able to procure a solicitor with capacity to take on a case.
List of housing legal aid lawyers here:-
(link: "Legal aid solicitors")[(goto-url: 'https://assets.publishing.service.gov.uk/media/68c7e066027feb50d8d7ae4c/110925_HLPAS_Provider_List_gov.uk.pdf')]
''Council led injunction. ''
The council also has powers to take legal action in its own name to protect the interests of inhabitants in its area under (text-colour:#b31b34)[s222 Local Government Act 1972] which includes the power to take out injunctions.
(link: "Injunctions")[(goto-url: 'https://www.legislation.gov.uk/ukpga/1972/70/section/222')]
(link: "Article on injunctions")[(goto-url: 'https://fieldcourt.co.uk/local-authority-powers-to-obtain-injunctions/')]
''Negotiation. ''
This should be carried out first, regardless of any other legal routes adopted.
[[Step 4 - Negotiations]]
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Contact the person holding the goods by any appropriate means.
Explain the nature of the complaint and ask them for their version of events.
Remember that there is no lawful excuse for holding goods in lieu of debts being paid. Debt should be pursued in court and if the court orders the removal of possessions, then this is done by court appointed officers, not landlords.
If the person claims to have a court order in relation to debt, then you want to be shown a copy.
If they claim the goods were removed by bailiffs, then again they must produce a copy of the bailiffs warrant or high court writ.
Establish where the goods are being held - (It is increasingly common for landlords to place goods in commercial storage facilities, saying the tenants have to go the storage facility and pay the fee to remove. This is used to abrogate responsibility for control but in reality still counts as trespass to goods).
[[Step 5 - Formalising in Writing]]
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There are two template letters as follows:
[[Letter 1 - If the Tenant is still in Occupation of the Property]]
[[Letter 2 - If the Tenant has Vacated the Property]]
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(text-colour:#ff9a00)[Date of issue of letter]
Dear (text-colour:#ff9a00)[name of recipient],
Re: (text-colour:#ff9a00)[Name of client] of property at (text-colour:#ff9a00)[address of client].
I represent the (text-colour:#ff9a00)[name of council] discharging their designated function under s6 of the Protection from Eviction Act 1977 to investigate and prosecute breaches of said Act and ancillary legislation.
The above-named person has approached our authority seeking advice and assistance they claim they are experiencing with their letting. They have advised me that you are the (text-colour:#ff9a00)[landlord/agent] for this property and are alleging that you have removed their possessions and are refusing to return them unless they pay you money that you claim is owed to you.
These goods are:-
(text-colour:#ff9a00)[List of items being held. ]
You should be advised that distraining goods in lieu of money claimed to be due is an offence under s1 Torts (Interference with Goods) Act 1977. The tenant is entitled to seek an injunction against you for their return with any attendant damages the court may deem fit for loss, damage or inconvenience.
In addition, the local authority is considering its position in relation to possible action of its own under s222 Local Government Act 1972.
Notwithstanding this, your actions could also be construed as harassment of the tenant under s1(3) Protection from Eviction Act 1977. Breaches of this legislation are criminal offences but are prosecuted by the local authority rather than the police. In the alternative, the council may reserve the right to forego prosecution and instead impose a Civil Penalty Notice of up to £40,000.
Also acts of harassment allow a tenant or the local authority to claim a Rent Repayment Order requiring you to return 2 years' worth of rent paid.
You must make arrangements to release the goods in question by 4PM today and if the goods are currently held elsewhere you must deliver them back to their rightful owner at your own expense.
If you fail to do so, then the local authority will go on to consider its next steps for recovery and penalty and we will advise and support the tenant in any civil redress they may wish to take.
I am more than happy to facilitate this process if you wish to contact me on the phone or email provided with this letter, but I would urge you not to dismiss this matter or ignore the possible consequences.
Yours sincerely,
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(text-colour:#ff9a00)[Date of issue of letter. ]
Dear (text-colour:#ff9a00)[name of recipient],
Re: (text-colour:#ff9a00)[Name of client] of property at (text-colour:#ff9a00)[address of client].
I represent the(text-colour:#ff9a00)[ name of council] discharging their designated function under s6 of the Protection from Eviction Act 1977 to investigate and prosecute breaches of said Act and ancillary legislation.
The above-named person has approached our authority seeking advice and assistance they claim they are experiencing with their letting. They have advised me that you are the (text-colour:#ff9a00)[landlord/agent] for this property and are alleging that you have removed their possessions and are refusing to return them unless they pay you money that you claim is owed to you.
These goods are:-
(text-colour:#ff9a00)[List of items being held. ]
You should be advised that distraining goods in lieu of money claimed to be due is an offence under s1 Torts (Interference with Goods) Act 1977. The tenant is entitled to seek an injunction against you for their return with any attendant damages the court may deem fit for loss, damage or inconvenience.
In addition, the local authority is considering its position in relation to possible action of its own under s222 Local Government Act 1972.
You must make arrangements to release the goods in question by 4pm today and if the goods are currently held elsewhere, you must deliver them back to their rightful owner at your own expense.
If you fail to do so then the local authority will go on to consider its next steps for recovery and any available penalty, and we will advise and support the tenant in any civil redress they may wish to take.
I am more than happy to facilitate this process if you wish to contact me on the phone or email provided with this letter, but I would urge you not to dismiss this matter or ignore the possible consequences.
Yours sincerely,
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