Witholding third party goods

piggybankrupt

Hi folks

I hope you can help me with some advice.

My Son is a teenager in a band and they have been using a studio to practice in that was set up as rehearsal space for young teenage bands such as themselves.

Unfortunately, due to some delays of grants coming through that had been awarded to finance the project, the person running the business has been recently unable to pay the rent on the building.

The owner of the building has now locked him out and changed the locks with all the equipment still inside and is refusing to let him in until the rent is paid.
That may be fair enough but there is also equipment in there belonging to my Son's band and a couple of other local bands - including amplifiers, speakers and a full drum kit.
These items have nothing to do with the person running the business but the building owner is refusing to give them access to collect them as he says he is using them as leverage to force payment.

Where do these youngsters stand in being able to get their equipment back?

Any help would be greatly appreciated!!

Thank you!

davek1

Legally

the owner has no right to deny the band (s) the right to remove their belongings. They are in no way (presumably) jointly responsible for non payment of rent and are as much victims of this as the owner of the premises. There are a couple of ways to deal with this initially i would write a letter to the owner send it recorded delivery and set out that you are formally asking for the return of the goods belonging to the band. List the goods and give him 7 days to respond. Explain that failure to return the goods will result in you reporting the matter to the Police as theft, and taking action in the county court to secure the return of the goods.

(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and ‘thief’ and ‘steal’ shall be construed accordingly.

(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

(3) The five following sections of this Act shall have effect as regards the interpretation and operation of this section (and, except as otherwise provided by this Act, shall apply only for purposes of this section).

Once you have made it clear that these items do not belong to the person with whom he has a disagreement then he would not be entitled to rely on the defences within the theft act as follows:

Dishonestly

(1)A person’s appropriation of property belonging to another is not to be regarded as dishonest -

(a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or
(b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
(c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

(2) A person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property.

3. Appropriates

(1) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.
(2) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s title, amount to theft of the property.

Once reported to the Police they would deal with it by way of simple theft. You could additionally then take action through the county court using the law of tort and asking the court to order the return of the goods or repay the band the value of the goods. You would be entitled to ask the court to make the other party responsible for your costs.

Sorry for the long winded reply hope it helps.

Dave

piggybankrupt

Thank you so much for your reply - that is a big help. I have asked the bands involved to compile a list of the equipment and will then write to the Landlord.
I will let you know the outcome.
Thanks again