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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We had a lease contract and stables and she gave us

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we had a lease contract for land and stables and she gave us permission to live on there in the rest room above the stables and rented us a caravan on there she broke the contract of the lease as it states in the lease, that I was entitled to withhold rent if no repairs were done by the landlord I did withhold the rent but she says I still owe her the rent, and as she ordered us off straightaway we had to leave our horses behind as she blocked the horses from leaving and kept them and even though we have tried to get them back she is trying to claim them for herself and as applied for passports saying she owns them and we have the original passports for all the horses with our name on them to say we own them we have not sold or give them to her and she as no receipts to say we have, she just kept them to sell or slaughter them for money so I regard that as theft of our property it states in the lease she can keep my deposit against any damage or rent arrears not the horses or any property of ours and the contract says I was supposed to have a separate meter for electricity and water but she made me pay cash and charged us the largest proportion of it there was also harassment for over a year with txt phone letters and threats so I think its harassment theft and threatening behaviour by our previouse landlord would I be able to get legal aid or what do I have to do to privately prosecute would I have a case if so how much does it cost are payments available monthly don't know who to turn to or what to do legally for the best outcome and to stop her doing what she wants with the horses
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Customer: replied 1 year ago.

I want to know if she has a legal right to keep our horses as they are our property. in the lease we had it stated she was entitled to keep our deposit for any rent owed or any damage to the property it doesnt state in the contract that she has a right to keep the horses and she has continued over a year to harrass us on a regular basis and assualted me so we want to know if she has a legal right over anything else but the rent deposit that we put down at the begining of the lease and what steps to take to stop her from keeping the horses in question and if we have a case to bring against her for theft and breach of contract as it stated in the contract we can withhold rent if the landlord or licencee rdoes not do any repairs

Expert:  Ash replied 1 year ago.
No she can't - they are yours.
If she refuses to give back you can get a Court order for delivery up. You would need to complete form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court would issue the claim and then decide whether to make an order requiring the horses to be delivered up to you. If they refuse and breach a Court order this is contempt which they can be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

this lady admitted they were our horses but has tried to make out to authoraties that we abandoned them and neglected them but we have verification from a vet and rspca that after we left all the horses were fit and healthy to travel and leave there but she is trying to say different first she tells my solicitor that we can collect them when we organise transport she makes up excuses so we cant get them off then when my solicitor threatened her in a letter that under no circumstances was she entitled to keep the horses so she replied back saying she would just like to keep one of them then 3 weeks later she sends a copy of a letter she says she has got from a representative to say she owns the horses she has not sent a copy of that letter to my solicitor though so can she get any legal letter from anyone to say she owns them if our names are ***** ***** being the owners on passports and we have not sold them to her and she has no receipts to say she bought them from us so I want to know how and if she can or be entitled to prove she now owns them when we can prove they are ours

Expert:  Ash replied 1 year ago.
They are yours. She can't take them - get a Court order to make her give them to you. they are yours, she cant have them.
Does that help?
Alex
Customer: replied 1 year ago.

Hi alex thank you for your answer do you know how much it is to lodge it in court and do I have to have a solicitor or anyone else to go to court with me and how long it takes to lodge it that form says I can do it online to proceed with things quicker regards rita

Expert:  Ash replied 1 year ago.
£280 to issue the claim.
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

hi alex are you able to help me proceed to court with this claim can you take it further for me or is this just an advice service rita

Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.

hi I asked another question on 17th sept I am still waiting for your reply and I did rate your service thanks rita

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