9:22 AM, 29th April 2019, About 2 years ago 3
I have a flat in Scotland which is within a new style development with a communal stairway. Within the stairway are located only two flats and a communal cupboard. The stairway has a locked door as does the communal cupboard and the exterior/communal areas are maintained by a 3rd party factoring company.
The tenant has used the communal cupboard for which he has key to store personal items, recently the factoring company have removed these items and disposed of them. The tenant claims the value was several thousand pounds worth of goods.
The factoring company did not put up a communal signs stating the intended action, the company did not post any letters or leaflets to occupiers within the building. The factoring company did not notify any letting agents. The factoring agency did put a notification in a combined letter to the landlord as part of their standard monthly junk mail.
The factoring company claim they had to remove items from the communal cupboard and that fair notice was given to the landlord. My argument is that no attempt was made to actually notify the owners of the goods or residents of the building. It is particularly frustrating as this is only a two flat building. The factoring company now claim they have an obligation to remove combustible items, the irony here is that they removed everything of value and left paint and white spirits, clearly contradictory to their statement. They also had to go through two locked doors to locate the items (cupboard is individual locked).
Who is the the right and who is in the wrong? Does an agency have the right to remove somebodies property from a communal area without making a reasonable attempt to notify them and is this written in any law?
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