Landlord has my UPC box; not answering my calls

Roisy7

Well, as the title states, I cannot get back into the house to retrieve the equipment.

Student living in an off-campus estate with three other girls. We left last week, and myself and one other girl have moved into a new house.

I registered an ac with UPC in September, everything has been in my name, I have paid the bills on time every month. Basically, the landlord has had NOTHING whatsoever to do with the internet and broadband. He provided us with a TV that last saw service in the Boer war and we used one of the girls' TVs instead for the duration of the academic year.

The whole situation was up in the air as regards the new house, everything was very last minute, and I wasn't sure if I was going to have to cancel the UPC or not, I didn't even know if new house had internet or not. So (incredibly foolishly I now realise) left the box at the house. I told him I would be in touch as regards disconnecting it or whatever.

Luckily, I found out I could transfer the UPC over. All grand, until I ring the landlord. Apparently he has had a bad experience with people running off with UPC boxes, leaving him to foot the bill. He demanded a letter from UPC. I rang them and they said they would ring him. They have rang him twice to confirm that they know I am taking the box, and it's all ok with them. I don't see how they could go after him for money- it's all in my name!

I have been ringing and ringing the man all day. His other ex tenant has rang him. So have our mothers. He is not answering the phone to any of us. I have contacted the SU who advised me to call the PRTB (whose helpline is currently closed ) UPC have said that this man is holding onto property that is not his- it is in my name, and it is their property.

The UPC technician is coming tomorrow to hook up the new house. What can I do?! Is it very dramatic to call the Gardai? He is holding onto my property after all?!! Any advice appreciated, sorry for the length.

djimi

Write him a letter informing him that you would like your property returned and that you are giving him a reasonable time frame (say a week) to do so. Explain to him that the account is in your name, that you are going to be keeping it active with UPC in your new accomodation, and that you need the equipment back. Keep a copy of the letter for your records.

Roisy7

Yeah, that sounds like a good idea. However, the only address I have for him is the now empty house (he would never give us an address or home phone number).

Both Threshold and UPC have now advised me to call the gardai. They are saying it's a legal matter, not a civil matter, what is he has done essentially is theft.

Zamboni

I'm fairly certain it is the property of UPC and not yours.
There should be a sticker on each box declaring this?
Tell them UPC to sort it out themselves or you're going to sky.

edellc

dramatic but ring the guards, however be prepared for them to say its a civil matter and to argue your case...in anyway if you dont know where he is how are the guards going to get in contact unless they leave a message on his phone to get in touch regarding this matter

I take it you all gave your key back so have no access that way...be aware that upc will charge you for new equipment they did me when we moved the last place and left the box behind which was broken I did inform upc of this as it just malfunctioned and packed in and the next appointment they could give me was for when I was moving the following week, I just didnt think they would expect a broken box back but they did, so be aware that you may be charged for new stuff

Roisy7

UPC aren't the problem here, think you might need to read my original post again.
I'd gladly take a look at the bottom of the box if I could get into the house where it's being held.

Kristopherus

Roisy7 wrote: »

Yeah, that sounds like a good idea. However, the only address I have for him is the now empty house (he would never give us an address or home phone number).

Both Threshold and UPC have now advised me to call the gardai. They are saying it's a legal matter, not a civil matter, what is he has done essentially is theft.

It UPC's property, so they should be contacting the Gardai. Tell them that.

djimi

In fairness it is the responsibility of the customer to look after the equipment; UPC have no dealings with the landlord and they are right to go through the OP and not deal direct with the landlord.

OP did you get a letter from UPC to give to the landlord? Even an email or something; just get something in writing to give him so you can sort this mess out.

Roisy7

Thanks edellc, Threshold warned me that the guards might say it was a civil matter and to keep pursuing it.

I have a business address for him somewhere, he very reluctantly gave it to me last Christmas (it was that or collect my rent on Christmas day, which even he wasn't willing to do). I'm hoping the guards might know something about him, he owns a business here and it's a very small city.

I know that UPC might charge me for new equipment but in fairness to them they have been very helpful in the last few days, and I think they would be willing to help me pursue him first.

sweetie

Tell upc that the landlord is taking over the account (due to his actions) give his name, address and phone number and tell them to change the account details.*

*worth a shot?

edellc

If you have the address of his business would you consider going over to it and demanding that they ring him or if your lucky he might even be there

on the plus side his upc box wont work once you transfer over your account so he will be left with a box to get rid of

Roisy7

djimi wrote: »

OP did you get a letter from UPC to give to the landlord? Even an email or something; just get something in writing to give him so you can sort this mess out.

They rang him twice yesterday. There's no point in emailing him, he doesn't know what that is! They also said they would send a letter; but the fact that I have called umpteen times and being directed straight to voicemail is not exactly confidence inspiring.

They have advised me to go to the guards as he shouldn't need a letter- it is my account and if I wanted to throw the box in the river it's nothing to do with him. Legally, he hasn't a leg to stand on.

Roisy7

edellc wrote: »

If you have the address of his business would you consider going over to it and demanding that they ring him or if your lucky he might even be there

on the plus side his upc box wont work once you transfer over your account so he will be left with a box to get rid of

Haha I did think that was the motivation- so he can advertise the house with internet and TV!

That would be worth a shot alright, especially if the gardai paid him a visit- he wouldn't like that!

sweetie wrote: »

Tell upc that the landlord is taking over the account (due to his actions) give his name, address and phone number and tell them to change the account details.*

*worth a shot?

That was my original plan, to say that I would cancel it and invoice him for the disconnection fee, but I don't know if I'd have any rights in that situation...

Zamboni

Roisy7 wrote: »

UPC aren't the problem here, think you might need to read my original post again.

What an unnecessary smarmy reply!
I'll put it down to misdirected frustration from your own error.

djimi

Roisy7 wrote: »

They rang him twice yesterday. There's no point in emailing him, he doesn't know what that is! They also said they would send a letter; but the fact that I have called umpteen times and being directed straight to voicemail is not exactly confidence inspiring.

They have advised me to go to the guards as he shouldn't need a letter- it is my account and if I wanted to throw the box in the river it's nothing to do with him. Legally, he hasn't a leg to stand on.

You shouldnt need a letter but if it will get it sorted quicker then get one printed out, shove it in his face and demand your equipment back. It would sort the problem quicker than getting the Gardai involved.

StillWaters

It's not theft as I see it. You left it behind when you moved. It was fair for the landlord to assume anything left behind is rubbish/stuff you no longer need and it's his to get rid of.

djimi

StillWaters wrote: »

It's not theft as I see it. You left it behind when you moved. It was fair for the landlord to assume anything left behind is rubbish/stuff you no longer need and it's his to get rid of.

Its boardering on theft if he acknowledges that he has it but wont return it.

StillWaters

It's either theft or it's not. There is no such crime as bordering on theft. The Gardai won't get involved. He hasn't committed theft.

P. Breathnach

StillWaters wrote: »

It's either theft or it's not. There is no such crime as bordering on theft. The Gardai won't get involved. He hasn't committed theft.

Why do you maintain that it is not theft? You cannot presume that something left behind by a tenant is yours to keep.

StillWaters

It's a fair assumption that anything left is unwanted. There would certainly be no onus to store or safekep it.

You would be shocked at what is left behind in rentals, mostly by people heading off travelling.

Lemming

StillWaters wrote: »

It's a fair assumption that anything left is unwanted. There would certainly be no onus to store or safekep it.

You would be shocked at what is left behind in rentals, mostly by people heading off travelling.

Considering that the tenant has been after the LL for it to be returned, "fair assumption" nothing.

P. Breathnach

StillWaters wrote: »

It's a fair assumption that anything left is unwanted. There would certainly be no onus to store or safekep it...

I don't see that washing in a court of law. Google on "theft by finding".

shoobs

StillWaters wrote: »

It's a fair assumption that anything left is unwanted. There would certainly be no onus to store or safekep it.

You would be shocked at what is left behind in rentals, mostly by people heading off travelling.

Legally, anything left behind in a rented property is the property of the tenant for two calendar months, starting from the date the lease ended. If it has been less than two months and he refuses to return it, it is theft.

StillWaters

Really? That's very little known by landlords, I'd normally have stuff down to the charity shop a week later. Can you link please?

Roisy7

Well thanks for all the replies guys but it seems to be all sorted now.

On the advice of Threshold and UPC I went down to the garda station. The garda took it quite seriously and rang him (he didn't answer). She advised me to get a letter from UPC for both him and the gardai and that they would have no problem accompanying me to get the box if it was necessary.

However late last night, my housemate's mother finally got through to him, and gave him a bollicking for not answering his phone. He told her he wouldn't answer to me as he was "uncomfortable" with my going to authorities, such as Threshold.

I wasn't rude at all in any of my voicemails, it surely would be logical that if he had answered my first few calls I wouldn't have assumed the worst and brought it further? But anyway never mind. He wants my housemate to come collect the box, with an hour's notice.

So hopefully it will all be sorted this afternoon.

I'm still considering blacklisting him at the college, this was the latest in a long line of incidents in sub-standard accommodation.

Zamboni wrote: »

What an unnecessary smarmy reply!
I'll put it down to misdirected frustration from your own error.

Yes I was very frustrated yesterday, sorry if I was a bit sharp. I don't understand how I made an "error" though?

StillWaters wrote: »

It's not theft as I see it. You left it behind when you moved. It was fair for the landlord to assume anything left behind is rubbish/stuff you no longer need and it's his to get rid of.

Sorry StillWaters, I can't remember if I mentioned it in my earlier post. The reason I left the box behind was because I wasn't sure if I could transfer the UPC to the new address (everything was very up in the air, we got this place last minute after another place falling through). I thought if I had to cancel it there would be no point in bringing it with me. Also I had an entire car-full of stuff. I said it to the landlord as I moved out that I would let him know what the story with the box would be with a couple of days, which I did. It's just over a week since we moved out, and I rang UPC on the Tuesday after the bank holiday.

And this is a bit different to a pair of socks or a jar of pasta sauce; I presume if I had forgotten an ipod or phone he couldn't just throw it away??!!

edellc

glad your getting it sorted, what an idiot he sounds and nice one to the guards for taking the matter serious

best of luck in your abode

peace and love op x

djimi

StillWaters wrote: »

It's a fair assumption that anything left is unwanted. There would certainly be no onus to store or safekep it.

You would be shocked at what is left behind in rentals, mostly by people heading off travelling.

Dont be ridiculous. Youve never left anything behind somewhere by accident before? What with people packing stuff into boxes and taking time to get it all unpacked its not at all unreasonable to think that someone might go a few days at least before they realise they have left something behind.

As a landlord you have the contact details of the former tenant. Would it not occur to you to give them a quick phone call to see if they want to collect the item before you ship it off down to Mrs Quinn? Surely that would be the polite and decent thing to do...

Victor

Roisy7 wrote: »

Yeah, that sounds like a good idea. However, the only address I have for him is the now empty house (he would never give us an address or home phone number).

You can get this from the PRTB. You may need to write a letter to say why you need it.

Did you get your deposit back?

Roisy7

edellc wrote: »

glad your getting it sorted, what an idiot he sounds and nice one to the guards for taking the matter serious

best of luck in your abode

peace and love op x

Thanks edellc... Yes, he is an idiot to put it mildly! He made the UPC man sign a "form" when he came to collect the box... As if the van and the yellow jacket plastered with the logo wasn't enough proof he was from UPC :eek:

Victor wrote: »

You can get this from the PRTB. You may need to write a letter to say why you need it.

Did you get your deposit back?

To be honest, I don't think he's registered....

Yes, I did, but he threatened to keep some of my housemate's for 'marks' on the wall. He changed his tune when her mother arrived!

Cquinnie

Does anybody know why landlords don't like renting to students?

edellc

its not just students its everybody apart form single working people IMO, if your unemployed and on rent allowance they dont like it, if you have kids they dont like it, if your a young couple they dont like it as you may break up and go back to mammy...so dont think its just students getting singled out, they aint that special