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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 815
Experience:  Solicitor with over 15 years experience.
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My Son and his girlfriend have split and she changed the locks

Resolved Question:

My Son and his girlfriend have split and she changed the locks on the house they were renting but he has been unable to get his private property back i.e clothes passport etc, We have requested the police to assist with a prevention of breaking the peace as the ex girlfriend has already had my son arrested for threatening behaviour although he was released without charge the next day. We have contacted the police several times to find out when we can attend to collect the possessions but no response as yet. She is due to go on holiday tomorrow so we are getting desperate now to get his things back, what do you advise our next move is?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Are they both tenants at the property?

Customer:

Yes but they were renting the house from her parents

LondonlawyerJ :

Do you know if the landlord/agent know that she has changed the locks.

Customer:

Yes as they are her parents

LondonlawyerJ :

Do they live at the property too?

Customer:

No the house was previously owned by the grandmother and when she passed away the parents said that my son and their daughter could rent the house and when they were married they would sign the house over to them, we have since completely redone the house, fitting new windows, doors, kitchen etc, I understand that we can go to court for property that my son has paid for later but the issue at the moment is we just want his personnel possession and his ex girlfriend will not co-operate and is due to go on holiday tomorrow

LondonlawyerJ :

Will her parents co-operate and let you or your son in?

Customer:

As we didn't want to make the situation worse we have not contacted them but given their details to the police but I don't think they will speak to us

LondonlawyerJ :

Does your son know the name of the officer who arrested or interviewed him. IF so he should call them. Alternatively he can go to the police stain and speak to the people on he front desk. The idea is to get an individual to take responsibility and act. However this may be problematic as the police will be unlikely to want to go round unless they are confident that she will be there to let them in. Is there a mutual friend who could go there on behalf of your son to get his property on his behalf?

Customer:

I don't know if he does not the name of the officer I will have to check, there is a mutual friend but the ex just seems to want to make things difficult, is there any official document that we can apply to court for so that she has to give his possessions back

LondonlawyerJ :

I don't think it will be possible to get a court order over this, certainly not quickly. It would almost certainly be cheaper to buy new stuff than go to court. Are the tools of his trade in the flat? As she is leaving tomorrow your best bet is to get the mutual friend to call or a police officer to go round today.

Customer:

ok I will try the police again but so far they have not been much help

Customer:

As she has changed the locks we will be breaking the law if we arrange for a locksmith to let us in and then replace them after

Customer:

It is just not clothes that need replacing he has over a £1000 of fishing equipment, tools and a bike, his passport and other documents are still in the house as well.

LondonlawyerJ :

Failing that, she will be on holiday for a while leaving the flat empty. Your son (assuming there is no injunction or anything of that sort) has a right to enter the flat. If he can do that without causing damage he can take his stuff back. He needs to be careful about damaging anything as that could give rise to an allegation of criminal damage, he might have a defence of lawful excuse if an allegation was made. But this may be a situation to avoid.

LondonlawyerJ :

If he can find a locksmith willing to unlock the door and either fit a new lock or refit the old one then that would be one way of ding it. But there would be a risk of an allegation of criminal damage being made if anything not belonging to him (eg a door or door frame).

LondonlawyerJ :

was damaged.

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