Can l be arrested for this?

Norman_Castle

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.

It would be wise to wait longer than a week before doing anything. Having access to propety belonging to someone who owes you money does not give you the right to sell it.

brit1234

daisymay2008 wrote: »

No they arn't

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it

1) OP has appropriated property belonging to another (their ex)
2) OP does so with the intention of permanently depriving the ex of it
3) However in my opinion they have not done so dishonestly as they believe they have a right to the property due to monies owed (that is the defence, so all elements of the offence arn't made out)

Sorry but O don't think you have any real understanding or experience of criminal law. You sound like some kind of legal rep, clearly not a solicitor.

The original poster will get arrested if the loser makes an allegation and most likely charged and convicted.

I suggest you go away and get some experience before recommending actions to MSE members which may have a significant and negative effect on their life.

taxsaver

This is one of the most riveting threads that I've read in a long time. I wonder if some points are being overlooked though.

The OP has clearly stated that she is NOT the LL (although she would appear to be the LL's agent) and therefore to a large extent issues surrounding the existence or not of a tenancy might be irrelevant.

The OP has lent money personally to her ex to help him with bills, including rent (which may or may not have been due, but presumably the ex believed that it was) and to discharge a phone bill and possibly for other things too.

It seems to me, therefore, that we are simply looking at a case of the ex owing a debt to the OP and that is all. That being the case then perhaps the OP has a lien over the goods belonging to the ex? I do think that it is prudent though, that the OP should give notice to the ex before selling the goods.

brit1234

daisymay2008 wrote: »

No I wouldn't as if there is no Theft then the offence of TWOC would not be made out

So clearly you are in the counties (TWOC instead of TDA), not Met. Tda is different from theft as there is no intention to permanitly deprive.

Are you a PCSO by chance?

pmlindyloo

Norman_Castle wrote: »

It would be wise to wait longer than a week before doing anything.

I think you have hit the nail on the head.

The OP is feeling very pi**ed off (and rightly so) and has probably been discussing everything wth 'friends' Someone has said 'you can't sell his stuff, that would be 'theft' hence her question on here.

I'm not sure we have helped by discussing whether it is theft or not.:cool:

Maybe the OP should take some time to calm down and wait to see what happens with her ex.

Feeling angry makes us think the worse and we 'jump the gun'.

No disrespect OP intended - I would feel mightily miffed as well.

daisymay2008

brit1234 wrote: »

So clearly you are in the counties (TWOC instead of TDA), not Met. Tda is different from theft as there is no intention to permanitly deprive.

Are you a PCSO by chance?

the point is I would be keeping the car as I was owed money so it wouldn't be theft or twoc in that instance....

Yes I am aware TDA, or TADA or TWOC or whatever way you say it doens't require the element to permanently deprive....

You have no idea where I come from or what I do for a living, to be honest your arrogance is quite astounding :rotfl:

For the last time, I have made my point, and we both disagree with each other, thats life

daisymay2008

brit1234 wrote: »

Sorry but O don't think you have any real understanding or experience of criminal law. You sound like some kind of legal rep, clearly not a solicitor.


I suggest you go away and get some experience before recommending actions to MSE members which may have a significant and negative effect on their life.

another prime example of your arrogance and presumptious nature thinking you are above everyone else, i'll take a wild guess your a lawyer probably CPS one at that

may_fair

Stella66 wrote: »

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.

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 course. 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.

A tenancy contract can be orally agreed. From the sound of it, you were acting as agent on behalf of your cousin, the landlord, and if there is an agreement for your ex to pay rent to your cousin, then there is a tenancy, and the landlord would need a court order to evict the tenant (regardless of whether T is behind with the rent or not).

The fact that your ex has 'packed a suitcase' and gone somewhere does not indicate that he does not intend to return. He has left his furniture behind and it would be reasonable to suppose that he intends to return and resume his studies at some point.

The fact that your ex owes you money does not entitle you to take and sell your ex's furniture, (or any other belongings). They are not yours to sell, and the context of a domestic dispute makes no difference.

Also, if you are indeed acting as agent on behalf of the landlord, taking and selling the T's furniture could comprise unlawful harassment, which is a criminal offence under Protection From Eviction Act 1977. You would also be exposed to a civil claim for damages for unlawful harassment/eviction.

In short, if you do as you are proposing, yes, you could potentially find yourself in a lot of trouble if your ex decided to report you to the police and/or to the Tenancy Relations Officer at the local council, and/or brought a civil claim against you.

pmlindyloo

daisymay2008 wrote: »

another prime example of your arrogance and presumptious nature thinking you are above everyone else, i'll take a wild guess your a lawyer probably CPS one at that

Why do people get so angry and start turning the thread into a slanging match?

We are supposed to be helping the OP.

It is no surprise when so many posters 'disappear', no doubt because they get fed up with the 'off topic' comments

Please let's try to keep things polite and to the point.

may_fair

G_M wrote: »

Read this on tenancy abandonment.

Apparent abandonment by T may or may not comprise an offer by the T to surrender, an offer which the LL is free to accept or refuse.

According to Tessa Shepperson, so-called abandonment notices have no basis in law and it's extremely doubtful that they serve any useful purpose. See this link.

In OP's case, I think you'd agree that there is nothing (so far) to indicate that the ex hasn't just gone on a short trip, so it would be inadvisable to interpret it as an offer to surrender.