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Clare, Solicitor
Category: Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was at Court on 4.04.16 transfer of tenancy Order.

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I was at Court on 4.04.16 for a transfer of tenancy Order. I was the applicant and won my case. There are no Children involved; but the case involved many years of violence and abuse. The property is now in my sole name. My ex claims he has left the house but he has not packed or removed a single item from the house, including his clothing and food in the fridge and freezer. His property is occupying 70% of the house, garage and loft. I have changed the locks. I am now solely responsible for the rent and Council tax. I want my ex- to remove his property from the house. My solicitor and the social landlord both claim that they cannot help with this matter and that i must deal with it myself. I have some mental and physical health issues and would be grateful of advise
Hi, thank you for your question. As the tenancy has been transferred to your sole name, your ex no longer has a legal interest in the property and must remove his belongings. You should formally write to him (or your solicitors can?) and give him reasonable notice to attend the property to remove his belongings and inform him that if he does not arrange a suitable date and time within a reasonable time frame, then you will be disposing of his belongings by a certain date. Once a date has been arranged I would suggest that you request an independent third party to be at the home given that there has been history of domestic abuse.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Just to add to the above - obviously you are free to start moving all his items into the garage.if you do have to dispose of them then do not simply give them away to the charity Shop.Arrange for a house Clearance place to come - and if you get any money you need to deduct your costs and send it to your ex.
Customer: replied 2 years ago.
The garage is already full to the doors. What would be considered a reasonable time frame for him to remove his property. He has had two weeks already. I don't have a forwarding address. He partially used a solicitor for letters and such but the solicitor wasn't acting for him; can i reasonable expect that the solicitor will forward the letter to him (he has ex's phone number). If I do as advised can he take me to Court if his property is removed and sold?
Customer: replied 2 years ago.
Hi, The garage is already full. What would be considered a reasonable amount of time to give him to remove his property and a reasonable amount of time to reply to the letter. I do not have a contact address; he used a solicitor for advice and correspondence. The solicitor states he is not acting for him, but clearly has a contact phone number. If i write to this solicitor does he have to advise ex of the letter? If i do as you advise can ex later take me to Court about the loss of his property?
Does he have any friends or family close?
Customer: replied 2 years ago.
Yes, but i do not know where they live. His income was assessed at Court. He has income to rent privately and to pay for storage. Can you answer my question above please. I am concerned about possible repercussions Re Court action if i sell his property and forward the money.
I need to assess how difficult it woudl be to trace his address - this is something the court would see as relevantProvided you can show that you tried to trace him; and that you disposed of his property as profitably as you could then there is no action he can take against you
Clare, Solicitor
Category: Law
Satisfied Customers: 35087
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Do i need to do anything to make sure you get you payment or does it happen automatically?
All done thank you Marion - I hope all goes well