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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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My daughters x was ask to leave her property two months a

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My daughters x was ask to leave her property two months a go with her giving a weeks notice He left a lot of his property at her home and has arrange on 3 separate occasion to collect his property and has failed to turn up each time. What can we do
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.l
What type of contract is this please?
Customer: replied 1 year ago.

Hi Jo there was and is No contract between my daughter and Ex partner

she ask him to leave her home in March giving him 7 days notice to go this he did but left a lot of his personal belonging behind he has on 3 occasions made arrangements to collect his belongings and at the last minute failed to do so the last time being Saturday 30th May.

Expert:  Remus2004 replied 1 year ago.
There was a contract. It might not have been written down but one will exist.
Has he paid any rent or contributions to the rent or mortgage?
Customer: replied 1 year ago.

Hi Jo, have spoken to my daughter he was unemployed and did not at any time contribute to her rent (the house being rented and tenancy agreement solely in her name for the Past 9 years) with him living with her from mid December 2014 and left 11th April 2015. She has I have now found given him in writing until the 22nd June to collect his belongings offering several dates and times.

She does not want him in her home so has and will have to again arrange to items to be put outside for his collection. Can we if and when he gives a new date and time put said belonging outside and leave for collection even if he cancles

Expert:  Remus2004 replied 1 year ago.
Well, you can do that. The issue is the risk that you face.
He probably will say she has failed to take reasonable care of his possessions and if he goes to court then there is a risk a Judge would agree and force her to pay compensation.
It depends on the value of the goods and how long they have been there and how reasonable the opportunities were to collect. Also, a consideration would be the size of the goods. If they are only a very small size then it is difficult to ever justify throwing them away as keeping them causes no real burden.
A better option is to send them to him. If she asks for his address that would resolve the matter and I presume she doesn't want to see him at all.
In the long run, if everything fails, then she would have to dispose of them and hope that a Judge would agree she has made reasonable efforts but I would give him no less than five opportunities first.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

He as not and will not give us his new address and it would be totally impractical to send his belonging as they consist of scrape wood old fridge freezer (not working) lawn mower petrol generator sky dish copper wire TV computer a large suit case of DVDs

Her garden is full of scrap wood and metal with some of the wood presenting a fire hazard as he left by her back door resting on neighbours fence

Regards Annette

Expert:  Remus2004 replied 1 year ago.
Scrap wood doesn't have any real value although it is not really likely to be considered a fire risk I'm afraid.
The issue is the electrical goods which are large but conversely they are fairly high value so it is difficult to justify disposing of them.
Another option is to warn him that if not collected by a certain date that you will place them in storage and sue him for the cost. That usually makes people move fairly quickly.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70001
Experience: Over 5 years in practice.
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