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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience:  Over 5 years in practice
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my son and wife have thrown my grandaughter out playing mental

Resolved Question:

my son and wife have thrown my grandaughter out playing mental games on her ,they said she could collect her furniture and clothing and jewellry with a time they arrange and a police person to be there now my son is saying bin bags will be filled and thrown on garden ,now said he is keeping it all can he do this ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How long did he give her to collect her goods ?
Customer: replied 2 years ago.

wont let her have them wont agree for her to get them

Expert:  Jo C. replied 2 years ago.
I thought you said he would leave her goods in bin bags?
Customer: replied 2 years ago.

only clothing not her valuables or furniture

Expert:  Jo C. replied 2 years ago.
They are entitled to ask her to leave if she is not paying rent.
He cannot refuse her the return of her property. He doesn't have to allow her free access to the house to recover it but he should make it available for her collection.
She can always book an appointment with a police officer to attend with her to prevent a breach of the peace. They don't have the power to force him to hand over the property but he is not likely to deny it to her in the presence of an officer.
Failing that should could sue for the value of the goods or seek an injunction order for their recover.
In principle she could report it as a theft. If he is refusing to return goods then that is arguably theft. Probably they will not want to get involved because it is a civil matter but they might phone him and encourage him to return the items.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience: Over 5 years in practice
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