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For how long am I responsible for ex partners stuff left at my place?

(14 Posts)
ikeawrappingpaper Thu 20-Oct-16 19:54:21

My ex partner is awaiting trial for assault against me and bail conditions exclude him from my address and from contact with me save through a solicitor. He doesn't have a solicitor and I don't want to pay for one just to deal with him - I've been left with 4 children and I'm not working.

The house is mine solely owned and I'm seeking an occupation order to permanently legally exclude him from it.

His mum has collected lots of his stuff but there is still a lot here. I wrote a letter to his criminal solicitor but they wouldn't pass it on, so ended up
giving it to a family member of his.

The letter gave 3 weeks notice for him to arrange collection, but by the time it got to him it was only 2 weeks. I said that after the deadline I would dispose of the things as I see fit. Am I legally entitled to do so? Was it a long enough time period to be reasonable in law?

If not, what do I need to do? I really need the space, plus it's mainly tools here now which are not very safe to have lying around with the children about.

MrsBertBibby Thu 20-Oct-16 20:17:18

2 weeks is pretty short, especially when he can't come to the house, or contact you in response.

Have you a date for the occupation order hearing? That would be a good opportunity to sort it.

Can you speak to his mum, see if she will give his crap houseroom?

PigletWasPoohsFriend Thu 20-Oct-16 20:19:21

Do you own the house or rent?

ikeawrappingpaper Thu 20-Oct-16 20:38:57

I own the house. I've asked his mum to take the stuff but she says she hasn't the space - which is true.

ikeawrappingpaper Thu 20-Oct-16 20:42:27

I have got a directions hearing date for occupation order in two weeks.

If it's too short - should I write again giving another deadline? Is it enough to give a deadline and then get rid if it passes?

Collaborate Thu 20-Oct-16 22:24:24

Look at, and then follow to the letter, the procedure outlined in s12 of the Torts (Interference With Goods) Act 1977. It enables you to sell his goods, but you must account to him for what you receive, minus the cost of sale.

Fail to follow the procedure to the letter and you are committing an offence.

The act can be found here.

ikeawrappingpaper Fri 21-Oct-16 06:21:46

Thank you, that is useful to know the relevant legislation and that I'd have to sell the stuff and reimburse him. Which reinforces in my mind that I need to do everything I can to find a way to get it back to him without the enormous hassle of selling it myself.

Re. The limitations currently placed on him: he can contact me through a solicitor, he's just chosen not to employ one.
He has broken his bail by contacting me on a number of occasions for other things, but he expects me to hang onto his shit until he sorts himself somewhere permanent to live which will likely take months.
He has the option of a visit accompanied by police to retrieve belongings but has chosen not to. Now I am relieved that he hasn't done this, however just to illustrate that he is not hamstrung - he has options that he is choosing to ignore.

Collaborate Fri 21-Oct-16 07:02:39

I'd be tempted to drop it all off at his mother's house. Give her no option other than to take it in.

abbsismyhero Fri 21-Oct-16 07:08:21

Where is he living?

JennyOnAPlate Fri 21-Oct-16 07:15:36

I would pack it all up and deliver it to his mum too.

ChuckBiscuits Fri 21-Oct-16 07:19:42

Me too. I'd just leave it outside if she won't take it.

MrsBertBibby Fri 21-Oct-16 07:40:31

Given that you have a hearing in 2 weeks, just when that deadline you gave him expired, I would hang on til then, and get a clear arrangement on that date.

I would be really wary of relying on the Act procedure when you're in the middle of family proceedings.

DelphiniumBlue Fri 21-Oct-16 07:45:41

Why should his Mum have to deal with it? She's already said no, it's not fair on her to dump it on her doorstep as suggested by some posters.
Can you box it up and deal with it at court?

ikeawrappingpaper Fri 21-Oct-16 08:45:17

I'm not going to dump it on his mum, I would like to preserve a relationship with her if at all possible for the DC sake.

Is this something that would be appropriate to bring up actually in court then? I've not got representation as yet since it's only a directions hearing.

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