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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I've been on bail now since 16th August, I've been told by

Customer Question

I've been on bail now since 16th August, I've been told by the crown I must not enter the cottage where I have a joint tenancy with my ex-partner or contact her. Whilst under the protection of this ruling my ex-partnerhas involved a third party to remove all my belongings to another location in Rutland without my consent.
Is this action lawfull?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long is the tenancy for?
Do you not wish to have your belongings returned to you?
Clare
Customer: replied 2 years ago.

Hello Clare,

The tenancy is for 1 year, starting 16th May 2014.

Yes I do wish to have my belongings but is it lawful for her to remove my goods to another location without my consent. I have been told by this friend of hers he is storing my goods in his garage which is open to the elements.

I'm living back in Cornwall which is 300miles away.

Expert:  Clare replied 2 years ago.
Hi
For clarity - do you ever wish to return there?
Clare
Customer: replied 2 years ago.

I loved it there but I have been advise that it would be unlikely if I would be granted a further term of tenancy after 15th May 2015 due to my ex-partner living there.

Roger.

Expert:  Clare replied 2 years ago.
Hi
Do you not wish to have your belongings returned to you
Clare
Customer: replied 2 years ago.

Yes I do

Expert:  Clare replied 2 years ago.
Hi
Have you made arrangements to collect the items that are in storage so that you can check what is there?
Clare
Customer: replied 2 years ago.

Hi Clare, That why I asked for an inventory before family members collect from a secure site i.e her un-used surgery room at her dental practice.

With respect Clare, I would really like an answer if possible to my first question which was.

Is my ex-partner within English Law to appoint a third party to remove my possessions from our joint tenancy home without my permission.

Expert:  Clare replied 2 years ago.
Hi
Whilst you were fully entitled to leave your belongings in the property your ex has done nothing criminal in doing this
She will however be responsible for any damage done to those items in transit and storage.
If you know where the goods are it would be more sensible for you to collect them from that place and photograph them in situ and complete the inventory yourself with witnesses - it is however a personal matter for you.
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Clare,

I have no idea where in Rutland her male friend lives.

She has now contact my lawyer directly, he has today told her to return my goods to her spare surgery where upon my son in laws will collect.

We await her responds,

Kind regards,

Roger.

Expert:  Clare replied 2 years ago.
Hi
You are certainly entitled to know where your belongings are - otherwise it is potentially theft
Clare
Customer: replied 2 years ago.

Well she has given him my daughters, my lawyers, my best friend and my mobile numbers. I have been told by my defence lawyer in the criminal case not to correspond with him. She just trying to wined me up so I contact her directly.

She knows that the police officers were waiting for me to come home on 16th August and they have not filed a report as requested by the court at the last hearing. They still have not complied with the courts and I am supposed to be back in court on 26th November.

Kind regards,

Roger.

Expert:  Clare replied 2 years ago.
Hi
I hope all goes well
Clare