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What is the current status now? Your daughter has moved out but wants her things and M either has the or has discarded them? How much would it cost for her to replace all the items that can be replaced?
That was not my question. I did not ask if she could afford to replace it I asked how much it would cost to replace so that I can tell you what the appropriate remedy is.
So please let me know.
The RTB regs do not apply. As far as the Board or Court are concerned this is a shared accommodation. So there is no route for your daughter to take aside from Small Claims Court.
And she can sue for more than what the items are worth as she can also sue for damages for inconvenience, for breach of contract and for other out-of-pocket expenses such as moving expenses or even higher rent elsewhere if that is what she incurs as well.
But she cannot rely on the Act or Regs as they simply do not apply to her. Her damages are as a result of the breach of the tenancy agreement and are based on contract law.
Do you see what I mean?
That is correct. The M does not have the right to keep her property, but there is no legal means for your daughter to get the property back without suing, because she cannot go to the police who have already said they will not help without an order, and she cannot go to the landlord tenant board because they do not cover shared accommodation. So while you are entirely correct, the only way you can enforce your daughter's rights is through the courts. Now, it may be that a letter from a layer threatening to sue would be good enough in the sense that it may scare M into releasing the items.
The problem is that even though a law may be very clear usually the only way to enforce a law is by obtaining a court order. One cannot simply hope that the police will assist because usually they are afraid to step in once they see there is a controversy and require a court order before they will act.
Ok. If the police are willing to help that is fantastic. But if you find out that the police have decided that they cannot interfere without a court order then your daughter's next step will have to be to obtain a court order.
As we have already discussed, M did not have a right to enter the room nor did she have a right to throw out any of your daughter's belongings. This all goes without saying. But rights on paper are of little value unless they can be enforced, and if the police will not help, or if your daughter has suffered further damages even though she has been able to obtain her items (perhaps some are broken) then she will have to sue. The police cannot get money from M, for example.
So, the bot***** *****ne is that if the police will help that is great, but if the police won't help or if your daughter finds that she is in a worst position then she would be in because of M's unlawful conduct then your daughter will have to sue in Small Claims Court.
Yes I am very sorry about that, and if tomorrow you find that the officer who comes tomorrow cannot help then you should call and speak to the officer's supervisor.