Vendor illegally entered property after completion?

Dan-Dan

Well , you already know that entering your property is illegal - Phone the Police

You also now know the furniture wasnt yours , so that isnt a crime

What else do you need to know?

Point is , you wont ever get to a point where `compo` is due , so why not just move on?

icantbelieveitsnotbutter_2

As I say, I want to be clear of the legal facts, not just someone's opinion because it doesn't bother them.

Thanks to many for the sound advice though, it is much appreciated.

Thrugelmir

icantbelieveitsnotbutter wrote: »

Forget it, move on, it's probably easier for others to say, with the greatest respect. All I want to understand is the legal implications of what has happened, then I can decide what to do, if anything...

Rant away. I'm out. As there's nothing more to be said that hasn't been said already.

icantbelieveitsnotbutter_2

Grateful for that...

kinger101

Mountain and mole hill.

(a) Change the locks ASAP.
(b) Contact the vendor. Ask them if they entered just to satisfy yourself in wasn't someone else. Tell them they entered illegally and not to attempt to do so again.
(c) If it's not in the fixtures and fittings list, it ain't yours. Forget about it.

CLAPTON

icantbelieveitsnotbutter wrote: »

As I say, I want to be clear of the legal facts, not just someone's opinion because it doesn't bother them.

Thanks to many for the sound advice though, it is much appreciated.

if you want the LEGAL facts go and see a solicitor
on here you have merely hear peoples 'non legally qualified' opinions


entering your home without reasonable cause may be a criminal offence so would be a police matter


compensation would be about your financial loss

AdrianC

icantbelieveitsnotbutter wrote: »

As I say, I want to be clear of the legal facts

The facts are simple.

You have suffered no loss.
Nothing of yours has been stolen.
Nothing of yours has been damaged.
No nuisance or inconvenience has been caused, directly or indirectly, except through your decision to change the locks - which is best practice anyway.
You do not know whether whoever entered the premises did so in a genuine belief that the sale had not been completed.

You do not, most importantly, even know who entered the premises.

Even if you can prove who DID enter the premises, trespass is not a criminal offence, so the police will do nothing, and any claim you bring would be in a civil court.

Even then, have a read of the bottom section of p3 of this...
http://researchbriefings.files.parliament.uk/documents/SN05116/SN05116.pdf
...for a clue as to how uncertain any outcome would be.

A person may justify entry onto the claimant’s land for the purpose of recaption of his goods if the goods were taken and put there by the wrongful act of the claimant himself. But beyond this proposition the law is regrettably unclear. In Anthony v Haney, Tindal CJ was of the opinion that entry was permissible on the land of an innocent person where (a) the goods came there by accident... With regard to accidental presence, this would seem a reasonable allowance of law,

So you would, realistically, have to prove (albeit on the balance of probabilities, rather than beyond reasonable doubt, since it's a civil court) that the trespass took place in full knowledge that the sale of the property had completed - if the intent was that the furniture was removed before completion, but due to a mix-up it wasn't until afterwards, that would seem to come under "accidental presence", would it not?

So - let's assume you CAN prove who it was, that they knew that they should not be there, and you're willing to go to the uncertainty and expense of taking them to court. What redress will you be seeking? "Oops, sorry."?

tom9980

kinger101 wrote: »

Mountain and mole hill.

(a) Change the locks ASAP.
(b) Contact the vendor. Ask them if they entered just to satisfy yourself in wasn't someone else. Tell them they entered illegally and not to attempt to do so again.
(c) If it's not in the fixtures and fittings list, it ain't yours. Forget about it.

This. The CPS would never take this on, the police probably do nothing more than slap wrists of the ex vendor, or more likely tell you it's a civil matter and do nothing.

Twopints

jimbog wrote: »

....meanwhile in Syria...

What a ridiculous, lazy, meaningless response. You might as well post it on every single thread on this and any other forum. Reported as off topic.

icantbelieveitsnotbutter_2

Thanks AdrianC, that really helps. I appreciate your time.