So we went out for lunch and came back and everything we owned was gone
July 31, 2012 4:29 PM   Subscribe

A friend of friend of a friend is in dire straits.... My sister and her boyfriend came back from a picnic on Thursday to find the locks had been changed on their flat. The police came and broke in for them to find the flat totally empty and two girls inside holding a contract and claiming to have lived there for three days. All they have left are their two cats who were hiding terrified under a wardrobe.

They have apparently "spoken to CAB, Shelter and a lawyer friend but it seems there is absolutely nothing they can do unless the police register this as a crime ". Would any Mefi legal eagles know what to do in this one. There's also I believe about £40k of photographic equipment missing also. They originally asked on reddit.
posted by Damienmce to Law & Government (7 answers total)

This post was deleted for the following reason: At the level of a friend of a friend of a friend and relaying inferred info second or third hand, this is really feeling like not really a good idea for an askme. -- cortex

 
Response by poster: The other relevant bit...
"Basically what has happened is the landlord has stolen everything they own (including contracts etc). The police would not let them enter the flat and refuse to register this as a crime. The landlord has prior convictions for burglary etc. and seems to know the legal system well."
posted by Damienmce at 4:33 PM on July 31, 2012


That's bizarre, why aren't they being arrested for breaking and entering and theft? Or the UK equivalent?
posted by Jubey at 4:33 PM on July 31, 2012


IANAL but this is the first thing I would do:

Do they have any mail that shows them at that address? Are there any utilities billed to their name at that address that they can show police, i.e. if they've been getting cell phone bills at that address for several months they can get the cell phone company to back up their residence?

Also gather statements from any regular witnesses of their occupation - regular pizza delivery guy, friends who have pictures of them in the flat, etc.
posted by L'Estrange Fruit at 4:41 PM on July 31, 2012


Response by poster: From what I gather they have no evidence they actual lived there (apart from photos on there FB showing them living there). Or passports. Or bank statements. Or leases.
The landlord somehow cleaned out everything they owned in a matter of hours incuding all the photo equipment from the studio they ran there.

They're currently trying to get copies of bills, council tax etc to prove that they lived there but until then the police can't seem to do anything as there's no evidence there is a crime as the people in the house have leases, keys and the landlords blessing.
It's all a bit Pacific Heights
posted by Damienmce at 4:42 PM on July 31, 2012


What proof can they give that they are the lawful tenants of the flat? Did they go through an agency or deal only with the landlord? Can they get neighbors to testify that they are the rightful occupants? Do they have a deposit on the flat with the tenancy deposit scheme? Recent letters? Utilities? Anything?

I would assume that the police won't treat it as a crime because they cannot be sure of the situation, especially as the new "tenants" have the connivance of the landlord. Without proof, the police cannot know that the couple aren't random people off the street.
posted by Jehan at 4:42 PM on July 31, 2012


Oh, and if it's not obvious, they need an actual lawyer, from the sounds of it, lawyer friend doesn't sound like they've actually been retained, but are merely speculating.
posted by Jubey at 4:42 PM on July 31, 2012


For a start, you probably need to prove to the police that this was their address.

I'd suggest putting the police in touch with any utilities that would have that address registered for them -- water, gas, electric, even mobile phone. Some of these might even be available online. You can probably even get the post office involved -- surely there will be mail coming with their names on the address. Get their employers to show the police tax records, contracts, etc. Show banking records.

There's a lot of documentation about residence in writing that wouldn't have been in the flat at the time. Proving to the police that they lived there yesterday is your first step.
posted by Andrhia at 4:43 PM on July 31, 2012


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