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Original poster

Disposing of Ex’s stuff

9 replies

PillowMist · 09/02/2023 09:19

My ex and I separated around 2 years ago and he left some of his stuff behind. At the time I was happy to keep hold of it until he found a new place. However since then he has broken into my house and assaulted me, resulting in a restraining order being in place for 2 years.

Any contact for our children goes through his mum who has been very difficult to deal with. I’ve messaged to ask her to ask him what he would like doing with his stuff and that I am happy to arrange a tip visit if he no longer wants it

she told me it’s not her job to pass that on and to discuss it with him, he isn’t allowed near me until July 2023 at the earliest due to the restraining order!

what are my rights? Can I just box it all up and leave it outside his house or will I get into trouble for that??

to be fair I’d rather just take it all to the tip. Any advice would be great please!

OP posts:
Collaborate · 09/02/2023 09:42

This is all about the Torts (Interference with Goods) Act.

you have to follow the procedure set out in s12. www.legislation.gov.uk/ukpga/1977/32/section/12

Fortunately for you landlords have to deal with this a lot of the time so there are numerous articles out there - for example this hamlins.com/the-torts-interference-with-goods-act-1977-goldmine-or-garbage/

TLDR: You (or as third party on your behalf) give him notice compliant with the TIWG Act to have them collected and if he fails to respond you can sell them or dispose of them but must account to him for the proceeds of sale.

Original poster
PillowMist · 09/02/2023 09:50

Collaborate · 09/02/2023 09:42

This is all about the Torts (Interference with Goods) Act.

you have to follow the procedure set out in s12. www.legislation.gov.uk/ukpga/1977/32/section/12

Fortunately for you landlords have to deal with this a lot of the time so there are numerous articles out there - for example this hamlins.com/the-torts-interference-with-goods-act-1977-goldmine-or-garbage/

TLDR: You (or as third party on your behalf) give him notice compliant with the TIWG Act to have them collected and if he fails to respond you can sell them or dispose of them but must account to him for the proceeds of sale.

Thank you.

So in theory I could get my mum to message him saying collect your stuff by X date, if he doesn’t collect I can take it all to the tip?

I just want the stuff gone tbh because after him assaulting me I find it all quite triggering having all his stuff in my room

OP posts:
FenghuangHoyan · 09/02/2023 09:53

Or just parcel it up in a box and mail it to his mum. Screw her.

Collaborate · 09/02/2023 09:55

There is absolutely no shortcut to reading the Act and sending a proper notice. A letter saying "John - collect your stuff in the next 7 days or we're binning it" won't do.

And you've not read what I've posted. You don't have the choice of whether to bin it all or sell it. You can only skip something that has no saleable value.

Read the links I've posted.

ReignBeauDash · 09/02/2023 09:59

@Collaborate - if there's a restraining order then he can't respond though surely? So how would OP fulfil her legal obligations whilst also not breaching the restraining order?

Original poster
PillowMist · 09/02/2023 10:01

ReignBeauDash · 09/02/2023 09:59

@Collaborate - if there's a restraining order then he can't respond though surely? So how would OP fulfil her legal obligations whilst also not breaching the restraining order?

Thank you. I was just about to ask this. He isn’t allowed any direct or indirect contact with me and cannot enter my road.

I’m baffled really that a man can assault me, strangle me, have a restraining order and yet I can’t just leave his stuff outside his house 🤔

OP posts:
fruitbrewhaha · 09/02/2023 10:25

Did you use a solicitor for the restraining order? Could they write a letter to him?

Original poster
PillowMist · 09/02/2023 10:26

fruitbrewhaha · 09/02/2023 10:25

Did you use a solicitor for the restraining order? Could they write a letter to him?

The restraining order was sought by the police and formed part of his sentencing

OP posts:
tribpot · 09/02/2023 10:29

Can you box it up and ask someone else to look after it for you? How much stuff are we talking about?

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