Can l be arrested for this

paddyrg

This isn't a question where opinions of strangers matter, you need to know the law. Go to the CAB and ask for help.

justjohn

paddyrg wrote: »

This isn't a question where opinions of strangers matter, you need to know the law. Go to the CAB and ask for help.

Yes you need to know the law. However your actions will need to be proved in law before anything can happen to you.

Bit like speeding you do it however it is unlikely anything will be done about it....

There is a difference.

soolin

justjohn wrote: »

Yes you need to know the law. However your actions will need to be proved in law before anything can happen to you.

Bit like speeding you do it however it is unlikely anything will be done about it....

There is a difference.

Not sure I quite follow you?

If you went to ask for legal advice you would be told not to do it surely, so that advice would be relevant? It doesn't matter whether you are likely to be caught or not, in this instance the OP has asked a specific question and *if* the answer legally is that this is not a good idea then surely better to know that before they go and sell the goods.

suited-aces

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.

Judge: "he didn't have a tenancy agreement? so why did you take his furniture?"

You have two possible answers
1) "I just stole it", - probably not a good defence, for obvious reasons
2) "he owed me rent"

Judge's response to 2, "so you DID have a tenancy agreement."

There are processes for taking possessions in respect of money owed, use them.

Stella66

My cousin owns the flat, he works abroad. I do not live in the flat but its a couple of streets from my place.I told my cousin that he will be living there until he completes his degree. He was ok for him to stay without paying, but l thought that is rather unfair, he will have to pay a little amount and the bills offcourse. He did pay for two months then complained about his student loan being delayed. So l we agreed that l will pay for him and he will pay back. Its not only rent money, but at one point his mobile was disconnected for any unpaid bill of over £200. I gave him a loan because our daughter is epileptic and normal the school phones when she has a seizure.I work over an hour away from home and he is the one who always get contacted.
So its not only"rent" but a lot of other things which he owes, and they are all verbally because l never thought l will be even contempleting to do such athing.

Yorkie1

Be aware this has been cross-posted on another board:
https://forums.moneysavingexpert.com/discussion/3275032

johnshields83

Stella66 wrote: »

My cousin owns the flat, he works abroad. I do not live in the flat but its a couple of streets from my place.I told my cousin that he will be living there until he completes his degree. He was ok for him to stay without paying, but l thought that is rather unfair, he will have to pay a little amount and the bills offcourse.

So let me get this straight. The owner said the person did not have to pay rent but you decided off your own bat to charge rent? This in it's self probably isn't legally and would be considered fraud would it not? A few pounds to pay the necessary bills is very fair but what you are doing doesn't seem right to me.

Azari

Yorkie1 wrote: »

Be aware this has been cross-posted on another board:
https://forums.moneysavingexpert.com/discussion/3275032

Indeed.

It was suggested to the OP that they might try a more specialised forum.

GraceCourt

Mankysteve wrote: »

Arrested possible could well be classed as burglary.

No. This can never be burglary (Section 9 Theft Act 1968). Even if it was established that an unwritten tenancy agreement existed, and that because of this you were a trespasser (very unlikely), there is no evidence of dishonesty, which is defined in Section 2(1) of the same Act.

Technically, you would hold the goods as a bailee, and thus his recourse would be through proceedings under the Torts (Interference With Goods) Act 1977. In these circumstances, he's have no chance, and the worst that could happen is that he could sue you for the value of the goods, less the amount that he owes in rent until it can be re-let, if you refused to hand that amount over when he asks for it.

Go ahead, but don't spend any money that's left over from the sale, minus the debt.

alfiesmum

Gracecourt, an unwritten tenancy agreement (verbal), is every bit as strong as a written one. He HAS paid rent at some point, therefore a tenancy does exist. This is a landlords agent entering a property, and taking the property of the tenant. Simple. On the other thread of the same subject, the OP says she's already done it mnow anyway, so any opinions we have are matterless.