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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 16984
Experience:  I have been practising for 30 years.
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I was renting a flat from a private landlord, I got arrested

Customer Question

I was renting a flat from a private landlord, I got arrested and not been able to go back to the flat, what do I need to do to get my stuff from the flat
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I've not been able to do anything as I'm not working
JA: Where is the flat located?
Customer: Kirkham
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He can ask me anything regarding this
Submitted: 7 months ago.
Category: Property Law
Expert:  F E Smith replied 7 months ago.

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

can you tell me why you were arrested?

and who is owner or has tenancy of flat?

Customer: replied 7 months ago.
My arrest had nothing to do with the flat, the owner of the flat is Mr ***** *****, he bought the flat while he had the shop below as a franchise, the shop has been closed for nearly a year now, the tenancy agreement has ran out, he should have put my stuff into storage and given the storage details to a member of my family, but he didn't do this, I just need to know if I am within my right to get my stuff back without the landlord being informed
Customer: replied 7 months ago.
Am I going to get advice or not
Expert:  F E Smith replied 7 months ago.

I am sorry, but this is not a chat service. It’s an email reply board and therefore there may be a delay getting back to you because we have clients and travelling and other users to deal with.

Sometimes we will get back to you in minutes, other times it will be longer.

I need to know there is a reason why you think you should not be able to go to the flat and why you think all your items may still be in it after all this time.

If the items are still in the flat, there is nothing to stop you simply turning up and taking your belongings, if that is what you are asking you have to appreciate that the landlord may have changed the locks or may have removed your items. If they are still there, and you can simply turn up and take them, there is no legal problem that I can think of which that would cause.

Can I clarify anything else for you?

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

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

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All you need to do is press Submit.

Thank you.

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

Best wishes.

FES

Customer: replied 7 months ago.
What happens if he's changed the locks but the liquidators are involved
Expert:  F E Smith replied 7 months ago.

You haven’t mentioned any of this and if you don’t give me all the information, then the answer I give you could be incomplete, incorrect, or totally wrong.

If the locks had been changed and the liquidators are involved, you need to get the consent of the liquidator or if the liquidator will not play ball, you need a court application for “delivery” of your belongings.

If the belongings have been moved, they may now have been destroyed if they have been in the property for a protracted period of time and you would be responsible for the cost of removing them. The liquidator or the owner of the property would have to give you notice of that and they only have to give that your last known address. So it could be that you’ve not had that notice.

Customer: replied 7 months ago.
I'll have to get someone to get my stuff from the flat, I don't know who the liquidators are,
Expert:  F E Smith replied 7 months ago.

I’m afraid that you are going to have to find out who is in control of the flat because you need access. The agents that dealt with the letting will probably know.

Customer: replied 7 months ago.
Mr Jones bought the flat from a letting agent, after I moved into the flat,
Expert:  F E Smith replied 7 months ago.

It’s easy enough to find out who owns it by getting the land registry title deeds.

However it may have the address of the owner is that of the property or it could be somewhere else.

You can get the title deed and the plan quickly and easily by using this link:

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

and you will have to pay 3 pounds for the title deed and 3 pounds for the plan.

You will then have them in minutes if not seconds.

Customer: replied 7 months ago.
What if it's not registered,
Expert:  F E Smith replied 7 months ago.

If it has been sold or remortgaged within the last 20 years, it will be registered.

Customer: replied 7 months ago.
The local council knows it's a property, but the post office doesn't recognise the flat on a property search,
Expert:  F E Smith replied 7 months ago.

The Post Office have nothing to do with the Land Registry.