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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70110
Experience:  Over 5 years in practice
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I lived with my partner for 6 years and we have recently separated

Customer Question

I lived with my partner for 6 years and we have recently separated (my decision). I have moved back to my mothers, and have just got some of my belongings. My ex is being very awkward about me getting the rest of my belongings, saying he doesn't want me back there. I had already given him the key back as we had arranged a day for me to collect my things. He changed this after he had got the key!
What rights do I have to enter the property to collect my things? He says he will drop my stuff off, but I want to go and make sure I have got everything.
Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Are you on the mortgage or the tenancy agreement?
Customer: replied 3 years ago.

no there is no question over rent or anything like that as it was a static home which he owned. I just need to know my rights about entering the property myself to collect my belongings. He says he will drop my things off but he will just dump it

Expert:  Jo C. replied 3 years ago.

It depends on the nature of the ownership of the property. If you were on the mortgage or tenancy agreement then you are free to enter as you wish unless there are orders excluding you.

If this is a static home owned by him then you may have been able to resist being asked to leave but since you have left already you do not have rights to enter again as you choose.

You can always go to a police station and ask an officer to attend with you to collect your goods to prevent a breach of the peace. Officers in those circumstances literally only act to keep peace. They cannot force entry or force recovery of the goods. They may not be very keen on doing this at all as their resources are scarce and they will be inundated with childish people making trivial reports at the moment. If you persist though then they should agree.

Alternatively you can sue at the small claims court for the actual value of the goods. He will return them fast enough then.

Or you can seek an injunction forcing him to hand them over but thats expensive so should be your last option and only really to be pursued it you particularly want the goods rather than money compensation.

Hope this helps. Please let me know if you need more information.


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