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, so l guess it was verbal agreement.

sussexchick

In theory - Yes ! It's theft !
Although the Police do have more pressing things to be dealing with than someone having their furniture sold off, I'd be more inclined to seek an alternative way of getting your money off him - legally ! .. hope it all works ok for you hon, hang in there :-)

BitterAndTwisted

Get that stuff flogged off and don't forget to change the locks. That idiot won't be coming back to you for his stuff any time soon.

Kohoutek

BitterAndTwisted wrote: »

Get that stuff flogged off and don't forget to change the locks. That idiot won't be coming back to you for his stuff any time soon.

That's not very good advice. You're advising the OP to commit two crimes – theft and unlawful eviction. Sussexchick is absolutely right.

BitterAndTwisted

Unlawful eviction? The person concerned had no tenancy agreement with the landlord and left of their own accord! And deserted their partner and their child to boot. He deserves nothing and should get nothing except a bill for their unpaid share of the rent and child support.

OP: if he's shameless enough to come back to you for his furniture when he's behaved so despicably you're well rid of this a-hole and I doubt the Police would be interested in any case.

Werdnal

Bit of a complicated situation, and I think we need some more info to be able to advise.

Who was receiving the rent for the property? You or your cousin?

I understand you have been helping your partner financially as they were stuggling with the rent, but even without a formal tenancy agreement, I think if rent has been paid, then an agreement of some form exists, between the tenant - your ex-p, and the LL - whoever received the rent.

If you are trying to recover the money you have "lent" your ex-p to meet rent to your cousin, this is slightly different to taking the furniture value in lieu of rent as if you were the LL here IYSWIM.

Was your cousin aware that your ex-p was living in their property?

As for changing the locks, that could be seen as illegal eviction, but if you are not the LL in the scenario, then you are not evicting anyone.

Kohoutek

BitterAndTwisted wrote: »

Unlawful eviction? The person concerned had no tenancy agreement with the landlord and left of their own accord! And deserted their partner and their child to boot.

That changes nothing regarding whether it would be unlawful eviction or not.

BitterAndTwisted wrote: »

He deserves nothing and should get nothing except a bill for their unpaid share of the rent and child support.

Fine, but it is still idiotic to advise someone to commit a crime on MSE, however morally indefensible the potential victim's position is and however unlikely it is that the police would be interested.

BitterAndTwisted

The deserting partner had no tenancy agreement either with the landlord or with the OP so I can't see how could it possibly be an unlawful eviction?

Would you care to explain how you come to the conclusion that it could be?

daisymay2008

It will NOT be theft to take the items even if he paid for them

1) Theft Act 1968

A person will NOT be regarded as DISHONEST if they BELIEVED that They had a RIGHT IN LAW to take the property

e.g someone attends a course and doesn't pay the course fee, the lecturer then takes that persons mobile phone in lieu of payment (this would not be theft)

Likewise in your situation, you are owed money so you can take and sell his stuff

If there is no DISHONESTY then the offence of Theft is not complete

pmlindyloo

Werdnal wrote: »

Bit of a complicated situation, and I think we need some more info to be able to advise.

Who was receiving the rent for the property? You or your cousin?

I understand you have been helping your partner financially as they were stuggling with the rent, but even without a formal tenancy agreement, I think if rent has been paid, then an agreement of some form exists, between the tenant - your ex-p, and the LL - whoever received the rent.

If you are trying to recover the money you have "lent" your ex-p to meet rent to your cousin, this is slightly different to taking the furniture value in lieu of rent as if you were the LL here IYSWIM.

Was your cousin aware that your ex-p was living in their property?

As for changing the locks, that could be seen as illegal eviction, but if you are not the LL in the scenario, then you are not evicting anyone.

Absolutely agree with this.

You said you are responsible for the house - what does this mean?

Are you acting as the agent for your cousin? Is your cousin receiving the rent? (I am guessing this is the case since you say you helped your ex. out with the rent)

If your cousin receives the rent then he is the landlord. A contract has been created by the paying of rent. The lack of a written agreement makes no difference.

Your ex.owes you the money you lent him for the rent.

You cannot sell other people's property without going through certain 'steps'. (I will post again with these when you confirm the above facts.)

Please clarify.:)

dancingfairy

Have you got any way of contacting him? I'm wondering if you can send him a message and let him know that if he doesn't return within a month then you will sell his stuff? At least you wil have given him plenty of notice?
Note I'm not qualified legally but that is what I'd be considering doing - at least you would be attempting to act reasonably.
Best of Luck
df