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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi there, I would like some more advice if possible?

Customer Question

Hi there, I would like some more advice if possible?
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Certainly how may I assist?

Customer:

Hi again Joshua, I was just wondering if you could give me any advice on a particularly awkward situation.

Customer:

My brother was a toolmaker and became very ill. He left expensive machinery at his old business workplace (where he was renting a building)The man who owned the building told him that the machines were safe and that he would look after them until my brother was better. There were 2 machines worth £20,000. Since my brother has passed away and we have looked into selling these machines to help pay off his mortgage for his children. the man who owned the building says that he has sold them for £500 because they were in the way.

Customer:

Does he have a right to sell someone else's belongings? There was no written agreement as far as we know

Joshua :

may I ask if your brother had a lease in respect of the premises or whether he was occupying the same under a more informal agreement such as a licence or a verbal arrangement? Did he pay any form of rent to The landlord?

Customer:

He paid rent to the landlord for the premises whilst he was running his own business from this premises. When my brother finished, he paid up-to-date any monies owing. The landlord has a few premises and lock ups on the same estate and allowed my brother store two huge machines in one of his lock ups for nothing, just as a friend he was offering a solution as my brother was ill and was hoping to go back eventually.

Joshua :

thank you. did the landlord serving you notice upon your brother advising that he intended to dispose of the machines if they were not collected?

Customer:

No, we had no indication whatsoever from the landlord that these machines were going to be sold. No contact at all

Customer:

We have contacted the police but they have not been very helpful. We don't know whether they were sold before or after he died. The landlord knows very well how much these machines are worth and there is no way he would have sold them for £500

Joshua :

thanks. I will be with you in just a moment with your permission

Customer:

Yes no problem

Joshua :

my apologies for the delay. The position is covered by the torts ( interference with goods) act. the act requires the landlord to serve a notice upon your brother or failing which is personal representatives advising that the machines must be collected within no less than 28 days failing which he reserves the right to sell or dispose of the machines. If the landlord did not serve such a notice, then he is liable to your brother's estate for the replacement value of the same

Customer:

The police has advised we go to small court proceedings and they do not wish to look into it. Do you think it is worth doing so?

Joshua :

accordingly, your brother's personal representatives will wish to consider writing to the landlord advising that as he has disposed of the machines contrary to the above legislation, the estate requests the landlord to disclose the identity of the buyer in order that the machines can be recovered as the buyer will not have good title to machines because the landlord had no authority to sell the same. in the event the landlord will not disclose the information, the estate will wish to reserve its right to look to the landlord for the replacement value of the machines.

Joshua :

if the landlord does disclose the identity of the buyer, the estate can write to the buyer and request the return of the machines is the landlord had no title to them failing which, or if the landlord will not disclose the information, the estate can issue a claim against the landlord and if possible, the buyer as well as of joint defendant for the return of the machines or the replacement value of the same

Joshua :

the simplest way to issue proceedings is using the courts online issuing service, www.moneyclaim.gov.uk

Customer:

Perfect!! Thanks for now. Great advice

Joshua :

A pleasure. Good luck with recovery.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

I will do. Many thanks, XXXXX XXXXX will be left

Joshua :

Many thanks.

Joshua and 2 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi again. If this landlord suggests he has that he had sent a NOTICE to remove goods from his premises which he hasn't what can we do?


 

Expert:  Joshua replied 3 years ago.
If the landlord claims centre notice, the burden of proof is upon him to demonstrate that the notice was sent by way of you a copy of the notice and providing a proof of posting. case law has shown that where receipt of the notice of significant importance is disputed, the only evidence that cannot be rebutted is evidence of record delivery posting and accordingly, if the landlord has failed to post a notice by recorded delivery and receipt of the notice in question is denied, then the burden of proof remains with the landlord to demonstrate that the notice was served correctly
Customer: replied 3 years ago.

Hi again. I'm just going through scenarios as above before we pursue this matter.


 


What if the landlord states that my brother should have been paying him rent to look after these machines as the the agreement was just verbal.


 


Obviously my brother isn't here to fight his corner, this landlord could really say anything - my brother gave the machines to him etc...This landlord knew how ill my brother was and I feel the landlord really took advantage but it was coming up to 4 years that these machines had been on his premises.


 


We have no record of anything, but this landlord have admitted to my mum and dad that he sold them for £500 because he had enough of them being in the way. He gave my mum and dad this money last week after my uncle challenged one of the landlord's employees asking questions about these machines. The landlord went to see my mum and dad the next morning.


 


My dad thinks it is a total waste of time trying to do anything as we have no proof, only that all my brothers family and friends knew these machines were there.


 


If we manage to retrieve money for the machines, can we use this to help pay off his mortgage in order for his partner and children to live there.


 


Will the mortgage company allow us to keep the mortgage going for his partner and children to carry on living there (if you can remember previous messages regarding the house)


 


His partner - his ex at the time was staying with her mum at the time of his death but would now like to carry on paying the mortgage in order to leave this property to their children eventually.


 


Thanks for all your help

Expert:  Joshua replied 3 years ago.
Please forgive me but there is a limit to how much time I can justify on this question for the question value. If you would kindly considder raising a further question I will be very pleased to continue to assist.
Customer: replied 3 years ago.

Sorry if this was long-winded.


Hi again. I'm just going through scenarios as above before we pursue this matter.


 


 


 


What if the landlord states that my brother should have been paying him rent to look after these machines as the the agreement was just verbal.


 


 


 


Obviously my brother isn't here to fight his corner, this landlord could really say anything - my brother gave the machines to him etc...This landlord knew how ill my brother was and I feel the landlord really took advantage but it was coming up to 4 years that these machines had been on his premises.


 

Customer: replied 3 years ago.

is there a time limit by law that goods can be left etc. Do you think we stand a good chance in fighting this?

Expert:  Joshua replied 3 years ago.
Sorry it is simply that this question is worth less than £5 and I just cannot justify any more time than I have already spent on it. I would be very happy to continue to assist but please consider raising a fresh question if you would like me to.

I am very grateful for your understanding.

Best wishes
Customer: replied 3 years ago.

So i paid £45 yesterday - for the right to ask questions when ever I like for any amount

Expert:  Joshua replied 3 years ago.
Thanks. The issue is we are not employed by the site. We are only paid if a customer asks and then rates our answer. This question is only worth a little under £5 for me and so I cannot justify any more time. Please kindly raise a new question and I will be very pleased to assist further.

You can ask for me using my profile below:
http://www.justanswer.co.uk/law/expert-joshua/