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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25991
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi there, I have asked previous questions relating to a situation

Customer Question

Hi there, I have asked previous questions relating to a situation regarding my brother who has recently passed away. I have been advised that this matter comes under the torts ( interference with goods) act.

My brother left expensive machinery at his old place of work which a friend of his was looking after. Since he has died we have tried to retrieve the machines to sell. The friend/landlord claims he has since sold these machines for £500 when they are worth around £20000. These machines were left at the premises for nearly 4 years. There was no written agreement or rent paid in this time. Does the landlord have the right to sell these machines after a certain amount of time? Given the agreement was just verbal is it worth us trying to get to the bottom of this as the friend/landlord could say anything really.

I understand that the landlord should have sent letters recorded etc. I just don't want to put my family through the strain of this if we are not going to get anywhere.
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 :

Thanks for your further question and your understanding - I appreciate the position may not be made particuarly clear in terms of how remuneration works

Joshua :

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.

Joshua :

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.

Joshua :

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.

Joshua :

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.

Joshua :

The easiest way to issue proceedings is by using www.moneyclaim.gov.uk.

Joshua :

Is there anything above I can clarify for you?

Customer:

Ok thanks for now

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

Could I have more info please on this matter?

Expert:  Joshua replied 3 years ago.
Hi
Sorry for the delay in reverting to you.

Yes certainly. Please kindly consider opening a new question. I will be delighted to continue to assist.

Kind regards