Ask a Family Law Question, Get an Answer ASAP!
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.
Thanks for your further question and your understanding - I appreciate the position may not be made particuarly clear in terms of how remuneration works
The landlord cannot claim storage costs unless there was an express provision in his agreement with your brother which from what you say was verbal so this will not be the case. He cannot claim rent after your brother left the premises.
The Torts Act makes it quite clear what a bailor's (here the landlord) duties are with regards XXXXX XXXXX that are left behind and these are that in order to sell or dispose of the items he must serve notice and if notice is disputed the burden of proof is upon the landlord to demonstrate that notice was given.
I cannot see that the fears you raise are open to the landlord to claim; what I can see as a risk is that the landlord could latterly claim there were no machines there or the condition or models were not as you claim and if there is any possibility that you think he may do so it could be worth trying to obtain evidence that they were there as you say - if you do not have other evidence in this respect you could send him an email referring to the models and expressing your concern that the landlord sold the machines. The purpose of the email is simply to obtain an acknowledgement from the landlord that the machines were there and the models (if known) in question rather than anything else.
Providing you can establish the above, you can then ask the landlord to provide a copy of any correspondence he sent to your brother or representatives before he sold the machines as well as proof of posting and information as to who he sold to. If he cannot produce the same then you have a claim against the buyer for the return of the machines if he will tell you who he sold to (as the landlord cannot give good title to a buyer if he failed to comply with the Torts Act, and/or a claim against the landlord for the value of the machines in question.
The easiest way to issue proceedings is by using www.moneyclaim.gov.uk.
Is there anything above I can clarify for you?
Ok thanks for now
Could I have more info please on this matter?