Can l be arrested for this?

Yorkie1

Be aware this has been cross-posted on another board:
https://forums.moneysavingexpert.com/discussion/3274712

antrobus

Actually I thought of something else;

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...

So the OP is acting as an agent for a non-resident landlord. I do hope that the OP has familiarised themselves with the contents of the HMRC booklet 'A Letting Agent’s Guide to the Non-resident Landlords Scheme' and is aware of the fact that they are required to register with HMRC CAR PT International. If not then they are already 'in trouble'.

Seanymph

It is people like the OP that give resident parents a bad name.

The OP is clear that her cousin wanted no money for the rent. She however has taken it upon herself to charge her ex money, pocketing it, and 'making up' the imaginery difference and telling him he owes her that.

She has paid bills that he then 'owes' her like his mobile phone - because it suits her for him to be available as a child care service for her so she can continue working.

Despite being an ex, he has some tenancy rights - he does not deserve a bitter and exploitative ex flogging his belongings because he's taken a holiday for a week. And where he is, and who he is with, is absolutley stuff all to do with the OP. They are seperated, and everything she has 'provided' from a phone to her cousin's house has been for self gain and support with their child.

Debates over the legality are moot without taking into account that there was no rent to be paid to the land lord - the OP was pocketing 'rent' and charging bogus fees.

To the OP

You and this guy will have a relationship for a long time - or you should - you have a child together. A little bit of mutuality will be necessary for him to be a continued support in your child's life. 'Keeping him nearby' is a good philosophy, especially if you work, and sooner or later you too will want new relationships and excitement.

Do nothing. Sit tight. Calm down, and look after your child whilst respecting their other parents right to make choices. You aren't out of pocket - because the rent wasn't yours to take.

He will come back, then your child will need to spend time with their father - stealing from him will almost certainly not get you a criminal record, he sounds like an all up guy because you are clear in your post that as a father you can rely on him to be there when you can't get there even though he's not so good with money - but as a student who is? - having people we can trust to be there for our kids are important. And one that will be there for their entire life is a one off. He hasn't done anything that dreadful, he's gone away for a week. He'll come back and you can sort out finances. But you can't punish him by selling his stuff because he's gone off to meet someone new.

agrinnall

Seanymph wrote: »

The OP is clear that her cousin wanted no money for the rent. She however has taken it upon herself to charge her ex money, pocketing it, and 'making up' the imaginery difference and telling him he owes her that.

The OP has said nothing to indicate that the rent money is not being sent on to her cousin, while this may be your opinion to me it's potentially libellous.



On the furniture issue, although the OP says it's her ex's furniture is it actually furniture that he bought after they split up or did they buy it together and he retained it? If it's the latter then there may be an argument that she has an interest in it anyway. Even so, I would suggest that the advice to wait to clarify things a bit before doing anything is probably sensible.

daisymay2008

antrobus wrote: »

You'd still be charged and convicted for taking a vehicle without consent. That's s12 Theft Act 1968. Or was at least. It's taking and driving away these days.

And no I wouldn't because if you actually read what I said, I would have no intention of returning the vehicle, my intention would be to keep the vehicle in lieu of monies owed....

If I was going to get charged with anything it would be theft of motor vehicle not TWOC!

and the point is my defence would be I HAVE NOT acted dishonestly because I believe I have a right to the car due to monies owed


in lay terms

If A owes B £100, B is entitled to take property belonging to A to the value of £100 and would have a defence that he did so because he honestly believed he was owed the money

The Jury would make a decision on guilt

and in my opinion it wouldn't even get that far


Thanks:)

daisymay2008

Yorkie1 wrote: »

None of us know what you do, and of course you are entitled not to reveal what you do.

But from the tone of that accusation, I'm guessing you're not a lawyer.

Yes your right I'm not a lawyer :rotfl:

believe me I tear apart most criminal lawyers I meet, and most of them really do think they are a cut above everyone else....

in fact i don't think there is a more pompus arrogant profession in the country and completely full of their own self importance

peachyprice

I do hope the ex hasn't just gone to visit this lady abroad for a two week holiday, he's going to be might p!ssed off when he finds OP has sold all his furniture while he's been away.

I wonder what her defence will be then.

suited-aces

Do pwcs actually need a defence for vindictiveness these days?

hollydays

peachyprice wrote: »

I do hope the ex hasn't just gone to visit this lady abroad for a two week holiday, he's going to be might p!ssed off when he finds OP has sold all his furniture while he's been away.

I wonder what her defence will be then.

He may be off for a holiday fling,and on return may have the money.

No,he has not told you, that rankles,but he's irresponsible,you are well rid x .
Could you not just store the furniture elsewhere,as "safeguard " for him... until his return ,then in the clear light of day,decide what to do.Even then,I know someone who "recovered" a piece of furniture from a friends exs house and was arrested for burglary.

You really do need to take legal advice.It's NOT up to YOU to decide if he is a thief or a debtor he hasnt refused to pay, yet.you I know he probably deserves everything he gets,and more,BUT the clever thing is not to let this person bring you to illegal acts.You have a right to be angry,but be clever too.I am a landlord myself,and the law around it is not for messing with!

From the outside, it could look like this,the evidence is,you have trusted him enough to lend him money and let him freeload off you,but only now,that he's rejected you,you decide to take his furniture out of spite.

Hanky_Panky

taxsaver wrote: »

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.

I think this is the only correct post on this thread.

Irrespective of whether a tenancy was created or not, everyone has a common law 'right of set off' so absolutely yes the OP can sell items left behind to pay for monies owed to them. Any talk of the theft act etc is completely missing the point I think.