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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25951
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mum kicked me out of our home with no notice . I only got

Customer Question

My mum kicked me out of our home with no notice . I only got some clothes out. A lot of my other belonging are still there. She keeps threatening to throw them out but won't let me into the house to retrieve them. We agreed on a cousin and aunt to get them for me. We picked a date twice and a few days before she said she's not going to be in on the day so we can't get them. What legal rights do I have and how can I get them please? I gave her my key back the day she threw me out.
Submitted: 3 years ago.
Category: 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 :

May I confirm you are over the age of 18 please?

Joshua :

What sorts of belongings do you have? e.g. is it just clothes personal items or more substantive items as well such as TV bike etc?

Customer: Yes I am 27
Customer: It is clothes tv play station bike etc. she is not saying Ithey don't belong to me but just being awkward in allowing me to go there to retrieve them myself or a member of my family
Joshua :

Thank you. Finally did your mother give you any notice in writing before she forced you to leave? Did you pay her any rent?

Customer: No I returned from holiday and she told me I had to get out immediately and gave me just enough time to get some clothes out. I paid her£300 rent per month and paid other bills for her as well
Joshua :

Thanks. The position in law is that your mother has become an involuntary or voluntary bailee in respect of your things under the Torrts (Interference with Goods) Act and as such has a duty to keep them safe and to return them to you at a reasonably mutually agreeable time and place. If she fails in this duty either to not keep the goods safe or fails to return them as above she is in breach of her obligation under the Act and exposes herself to potential damages

Joshua :

In addition your mother is required to give you reasonable written notice to leave which should be the greater of 28 days, one rent period (e.g. one month if you pay rent monthly) or any longer period provided for in any written lodgers agreement you may have had. If she failed to do so she may be guilty of a criminal offence under the Protection Against Eviction Act and liable to you for damages. The local authority's housing officer may be able to assist you if you wished to pursue this aspect.

Joshua :

You may consider serving notice on her that you require the items (listing them) to be made available to you within say 5 days proposing some times you can collect them personally or through third parties failing which you will consider suing for their return or damages in liew thereof. You may also wish to advise that you will consider suing for damages for unlawful eviction as above as well.

Customer: it is because while I was on honeymoon she fell out with my mother in law. My wife and I have just bought a new home a month so need the belongings now. How long can she keep this up for then and what is the best way to deal with her then. Is there a legal letter template that I could use?
Joshua :

If you are forced to proceed to litigation, you can apply for a court order using form N244 asking that the goods are returned to you or damages in the sum of £[their replacement value] awarded in lieu together if you wish with damages for unlawful eviction as above.

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=484

Joshua :

She cannot keep up her behavious for any period. She must swiftly arrange to return the items to you as above.

Joshua :

I would be happy to prepare a precedent you can use to serve the above notice on her if you would like.

Customer: That would be great if you could, thank you. I feel that a letter requesting the belongings may make her realise that I am going to take the matter further!! May be the push she needs to let me have them back
Joshua :

Certainly. It is not possible to prepare a precedent in this chat window. 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. This will also complete the chat window and convert the thread to question and answer instead so I can post a precedent.

Customer: i will do and thank you very much for your help!
Joshua and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi sorry but not sure how I will retrieve the post from you?
Expert:  Joshua replied 3 years ago.
Thanks

Date

Dear [mother]
I refer to the incident that took place on [date] where you advised me that you verbally required me to vacate your property summarily without prior notice. You allowed me to collect some of my belongings but the majority still remain at your property.

By virtue of our agreement and the provisions of the Protection Against Eviction Act you are required to give me 1 months notice in writing to vacate your property. You failed to do so and are therefore guilt of inter alia a criminal offence under the PAEA and may be liable to civil damages.

In addition by virtue of your continuing to hold my belongings, you are required to make arrangements to return these to me within a reasonable time at a place and time that is reasonably mutually agreeable by virtue of the Torts (Interference with Goods) Act. I have suggested [number] appointments and made further accomodations to you as per your requests, neither of which appointments you have kept.

Accordingly I give you notice that I require you to return my belongings as per the attached schedule within [number] days. I can propose the following times and dates:

I also give you notice that I reserve my right to claim damages against you for unlawful eviction [and to reclaim any overpaid rent] and to make a criminal complaint in resepct of your conduct.

I look forward to your response within [number] days.

Yours
Customer: replied 3 years ago.
That's very helpful . Thank you very much for your advice
Expert:  Joshua replied 3 years ago.
A pleasure