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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13851
Experience:  I have been practising for 30 years.
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My husband and I own a property in which our daughter and

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My husband and I own a property in which our daughter and son in law live. There is an informal rental agreement and the rent always came from our daughters bank account. Several weeks ago our son in law left after s domestic violence incident for which he is currently on bail while the CPS decide what level of charge there will be. His bail conditions are that he is not allowed anywhere near the property and to our knowledge he hasn't tried. Do we as landlords need to take any formal/legal steps to evict him ? Our daughter has started divorce proceedings. He has taken a lot of his possessions but has left a broken moped, a dinghy, several broken bikes and nearly a garage full of similar items . We have asked where he wants us to forward them and he has not responded which we think is because he doesn't want anyone to know where he is ? What are our responsibilities towards these goods ?

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

where is he bailed to do you know?

what is the informal rental agreement?

does he owe you or your daughter money?

Customer: replied 5 days ago.
He is bailed to clacton I think ? The informal arrangement was just that ? No contract , no agent , no deposit . He hasn’t paid a penny in child maintenance since he left two months ago .
Customer: replied 5 days ago.
No I don’t want to call or pay another fee

 

My personal thought is that from your point of view I wouldn’t do anything, I let the bail condition and any potential non-molestation order deal with him returning to the house or rather, not returning.

 

If you Google: Torts Interference with Goods Act 1977

it will give you a lot of reading a lot to do with his items left behind.

 

You have to tell him in writing what that is, where it is, and when he can collect it. Because of the bail condition he obviously can’t do that so he would need to arrange for someone else or you would need to send it to him.

 

Tell him that he has 30 days, until DATE, to collect the items, failing which, they will be disposed of and he will be given the sale proceeds after the disposal costs or if the disposal costs are greater than the sale proceeds, he will be responsible for the disposal costs.

 

I assume that you are either sending this by text or email if you don’t have an address. That is perfectly satisfactory.

You need to say that the notice is served under the Act

 

Absolutely straightforward. Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

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Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

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