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XP's belongings

(8 Posts)
LuisSuarezTeeth England Mon 27-Jan-14 15:07:02

Hi, this is a complicated one, but I'd appreciate any advice smile

XP was arrested, charged and convicted of assault against my son and I in July 2013. A 12 month restraining order was granted. We were joint tenants with the council and the tenancy was subsequently signed over to me as sole tenant in November 2013.

He has left most of his belongings (and his children's) here. I have given him 2 deadlines to collect his things, one at the beginning of October 2013 and recently 19th January. Communication has been via my key worker and his housing support officer. I have been told that he has seen a solicitor twice, but I have not been contacted by them.

I have twice stated by email to his HSA that I agree to a third party collecting his things and am happy to sign any disclaimer that states I will not complain of a breach of the restraining order. I just want his stuff gone. He is saying that I am in breach of the order by contacting him through a third party - in fact it was his HSA who initiated contact with my KW requesting that she collect his belongings in the boot of her car. To be fair, she'd have needed a truck. I said get a list from him and take what you can. This never happened.

In my emails, I stated that he needed to have his things collected by the deadline or I would assume he did not want it and give it to charity.

So: Do I have to wait for solicitor contact? How long? What is the legal position if I take his stuff to the tip/charity shop? Do I need a solicitor?

Thanks for reading.

LuisSuarezTeeth England Tue 28-Jan-14 15:22:27

Bump

LuisSuarezTeeth England Wed 29-Jan-14 19:24:22

Another bump
Thank you

Collaborate Wed 29-Jan-14 21:15:44

There's a procedure under the Torts (interference with goods)Act 1977, s12, that you must adhere to, otherwise it's theft. Have a look at the act (google it). There's also somewhere a website for landlords (I forget the name) that has some good advice on this.

LuisSuarezTeeth England Thu 30-Jan-14 09:14:23

Thank you Collaborate smile

LuisSuarezTeeth England Thu 30-Jan-14 09:44:02

So the big problem is being able to contact him. I've got no address or name of solicitor and the restraining order still in place. Don't know what to do.

Collaborate Thu 30-Jan-14 11:39:38

Most people can be legally traced for around £50. Look online. Most offer no find no fee.

LuisSuarezTeeth England Thu 30-Jan-14 17:03:53

Ah, right. But I still can't contact him directly - or can I? Would it invalidate the restraining order?

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