Thanks in advance for any advice.
A lady I know rents a shop where she runs spiritual sessions. Her daughter is the tenant under the commercial lease and there is an upstairs dwelling area that is bare with no sanitation and basically unfit for habitation.
In November last year, a male was homeless and the lady's husband had offered some work to the male whom was homeless on a cash basis. (Yes I know)
The family felt for this young man. Offered him a bed and purchased some items (bed, bedding) to make his stay somewhat more comfortable and he used the space to store some Christmas presents for his son.
The male left just before Christmas and removed his goods. He had keys, so after a month, the tenants changed the locks.
On 6th February, the tenant's mother received a solicitors letter detailing unlawful eviction and witholding items belonging to the male.
On speaking with the solicitor, the lady asked for an inventory of the left items. The solicitor mentioned they could be in trouble for illegally sub-letting the upstairs dwelling as the fact she offered him somewhere to stay incorporates a landlord/tenant relationship. The lady repeatedly has text the young man to collect his remaining items that include the bed the lady bought for him.
They received nor profited from his stay in terms of financial gain. He was not asked to pay any rent.
We can dispute the inventory with cogent proof of ownership of items. However, the claimants position outlined by the solicitor is that if all of the items claimed to be his are not returned, then the claimant will be pursuing an illegal eviction claim.
Any guidance would be appreciated.
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Kind gesture ends up in solicitor's hands
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Mc180768 · 11/02/2018 09:56
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