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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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21 yr old son moved from rented accommodation leaving his ex

Resolved Question:

21 yr old son moved from rented accommodation leaving his ex girlfriend in the prooerty. She has til 13th Sept to move out but is refusing him access for his share of the furniture some of which is ours. Does he have a right to it?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.
Is there any reason why she is refusing please?

Customer: replied 11 months ago.
She is angry and upset. Her family can't or won't have her back and she can't afford to stay in the property on her own and I think she feels she deserves it all as pay back.
Expert:  Ash replied 11 months ago.

Yes, if it was shared then he has a right to it.

He needs to write and ask for access to get his share or say he will go to Court and seek a Court order.

If she refuses then he has a choice. Sue for half the cost (which may be cheaper) or seek an Order making him get half.

If she refuses then he can seek a court order.

He would need to issue proceedings using form N1:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf

If its just the money element he can do that online at: www.moneyclaim.gov.uk

But if he wants access he will need form N1 and he cant do that online.

The Court will issue the claim then send a copy to her.

Depending on whether she admits it the matter could be set down for a hearing

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
That's helpful thanks. I didn't say before but he is lead tenant, does this make a difference? The deposit will be returned to him directly which he says he'll keep if she doesn't 'play ball' but that only amounts to £300.
Expert:  Ash replied 11 months ago.

No not really. Its shared furniture.

Does that clarify?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 11 months ago.
thank you.
Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Expert:  Clare replied 11 months ago.

My name is ***** ***** i have been a solicitor for more than 30 years

In fact since your son is named on the Tenancy he has the right to access the property whenever he wishes - and should contact the landlord if he need sto use a locksmith.

He is entitled to remove any items that are his alone or purchased by him with his on funds.

He cannot remove anything that belongs to her or that was purchased with joint funds

Please ask if you need further details

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