Can l be arrested for this

Stella66

My ex-partner has been living in my cousin's house for almost a year. Im responsibe for the house, my cousin works abroad. We have a young daughter, so it was convinient for me to have me stay there to help with the childcare. He has been a student and struggling to keep up with the rent, so l was helping him out and agreed that when he completes his course he can take out a loan and pay some of the rent back.
Last weekend he got a loan, packed his suitcase and flew to see a woman he met on facebook without even telling me, or paying for the rent. Im sure he will be coming back pennyless.
Im planning to sell his futniture to recover the rent money. Can l be in trouble for this? He does not have a tenancy agreement, l just let him stay. The furniture was taken on credit, so he will still be liable to pay.

justjohn

Probably lol
But would not stop me from doing it. If anything happened i would just lie lol

paddedjohn

get shut quick and any come backs just say he took it with him.

Mankysteve

Arrested possible could well be classed as burglary. If he renting the property off you, you shouldn't be entering it without his permission, if you change the locks he could rightly have the front door kicked in as you haven't evicted him though the right channels. It's up to court sto sort out recovering what your owed.

Have you been paying the right tax for any income off the property gas certificates?

Even if there isn't a signed contract, it automatically a short hold tenancy agreement.

Stella66

I would say he was renting the property from me because he has not paid any rent yet. If it is automaticall short term lease how much notice do l need to give him. 24 hours? l suppose l can send him a text, then go ahead and remove the goods after 24 hours, right?

Mankysteve

You need to give him two months. Welcome to reality.

Stella66

I dont have to give him two months notice, or any notice at all. He does not have a tenancy agreement, everything was verbally agreed.

soolin

Stella66 wrote: »

I dont have to give him two months notice, or any notice at all. He does not have a tenancy agreement, everything was verbally agreed.

I would possibly ask this on a landlords type forum as it is possible to get a verbal contract is some cases and it may be best to find out exactly where you stand before you do anything. In particular depending on the credit agreement on the furniture it may still belong to the shop so you would be taking it from them not your ex.

Also if you are ever asked why the items were sold and you say to pay the rent arrears then you are confirming that a contract was in place as you are acting on it.

Be careful here if you think there is any chance that your ex my come back and demand his items. Best to get this checked out legally rather than work on the OK of random people like us on the internet.

alfiesmum

Stella66 wrote: »

I dont have to give him two months notice, or any notice at all. He does not have a tenancy agreement, everything was verbally agreed.

In law verbally agreed tenancys are covered by tenancy agreements same as written ones (comes under shorthold IIRC). Your first post said he was struggling to keep up with the rent, not that he had never paid any. If he has paid rent, or you agreed an amount and has 'peaceful enjoyment' (lives there without the person he pays/owes rent to) there IS a tenancy created I'm afraid. If I were you I'd just be concentrating on getting him out of my cousins flat, legally, and hoping he doesn't make a fuss over it when he's asked to leave.

It's a !!!!!! when you do something for an ex, thinking it gives you the high ground, then they go and do something that reminds you why they are the EX in the first place! Bummer.

geri1965_2

Taking someone else's goods and selling them is theft. I'm surprised you even need to ask.

trumpton

If the furniture was purchased on credit it may well still belong to the furniture company (until a certain percentage is paid) - so selling it may not be the best option. I would text him and tell him that he needs to remove it from the house or it will be disposed of. This might focus his mind a bit.

I am assuming your cousin knows about him living there, but I'm not sure you will find it possible to recover the rent. Put it down to experience and make sure you don't help him out again.