A person left their stuff at my house without my permission

I understand you are withholding someone's belongings as they owe you a sum of money. Did you actually loan this money to them?

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OK thanks, ***** ***** should this person have paid you by?

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OK so please upload a copy of it on here

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

This is an example of bailment, which occurs where one party takes possession of another's goods, for a limited purpose or duration. During a period of bailment, the ownership of the goods does not transfer and legal title remains with the original owner. Once the purpose for which the goods are taken is fulfilled (most commonly an outstanding payment being made), the goods will return to their rightful owner.

Both parties have separate duties in these circumstances. The bailee is the person who takes possession of the goods. They have a duty to take reasonable care of them, to perform any pre-agreed tasks in relation to them and to return them in accordance with the terms of the bailment (i.e. when the conditions for return are met).

The bailor is the original owner of the goods and they have a duty to pay for any agreed service undertaken by the bailee and to collect the goods at the appointed time or within a reasonable period thereafter.

A common dispute that arises in bailment situations is that of lien – this occurs where the bailee decides to retain possession of the goods until they are paid for their services. Whilst that is indeed possible it would depend on whether the reasons for doing so are fair and justifiable, such as if they have good cause to challenge the bailor’s refusal to pay.

If the bailee wants to eventually dispose of the goods, such as to recover any associated costs or losses, this right exists under the Torts (Interference with Goods) Act 1977. Under section 12 of the Act, the bailee must give the owner notice in the prescribed form to collect the goods within a reasonable time. If the bailor does not collect, or otherwise give directions for redelivery, then the bailee is entitled to sell the goods (at the best method available, normally by auction). He must account to the owner for the sale proceeds but is entitled to associated costs and sale expenses.

The requirements for notice are that it must:

- be in writing

- be delivered to the bailor, left at his proper address, or sent by post

- specify the name and address of the bailor and give sufficient particulars of the goods and the address or place where they are held, and

- state that the goods are ready for delivery to the bailor

Where the goods are to be sold, the notice must also specify:

- the date on or after which the bailee proposes to sell the goods

- the amount, if any, which is payable by the bailor to the bailee in respect of the goods, and which became due before giving of the notice

- the notice shall be sent by registered or recorded delivery post

Whilst the duration of notice is not explicitly specified, 28 days is reasonable if you are simply disposing of them and are not pursuing them for further payments, although if payment is demanded in respect of the goods (for example in relation to a storage charge or other debts) then the law states that not less than three months' notice shall be given before the goods shall be sold by auction, or otherwise disposed.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello again and thank you for your further queries, which I will be more than happy to answer. A written agreement was not necessary, that was just a general explanation on what could be relevant but in the end it could be a simple case of the obligations of one party being simply to return the money owed.