Legal query

A very good friend of mine has just chucked her boyfriend of 5 years
out of her house. He was violent towards her on the night in question
and ended up kicking in her front door, which is a double galzed type.
The Police were called by her kids and when they attended they found
him assaulting her, but she chose not to press charges and just asked
that he be taken away from her house and that he repair the damage to
the property. The Police told him to stay away unless invited round and
that if he does go round then he must be accompanied. They also gave
him 7 days to make good the damage to the front door. I think he got
off lightly myself, as he could have been charged with assault and
criminal damage.

So far he's complied with everything except repairing the front door.

Now my friend's house is a bit nice, and she has some expensive stuff
inside as well as 3 teenage kids. Her house is not now fully secure and
it's causing her quite a bit of concern. She doesn't want to get to a
stage where she has to prosecute him because she just wants the bloke
gone for good. He has left some of his stuff behind, including
motorcycles and tools in the garage and some personal belongings in the
house and hasn't made any request or attempt to remove them. Is she
legally entitled to sell any of his possessions to cover the cost of
repairing or replacing the front door? What is her position as far as
removing his possessions from her property and telling him to collect
them from the driveway?

 

She really should talk to a brief about this and consider a
restraining order to prevent problems further down the line. As
far as I'm aware the stuff remains his property until he chooses
to collect it provided that's within a reasonable period of time.
Sorry but she can't touch it. She should send a recorded
delivery letter (or get her solicitor to) giving him the latest
date by which she wants it shifting. Tell her to get the door
fixed herself then send him a copy of the bill requesting
payment. If he won't pay that's gonna be difficult, small claims
court or just put it down to experience, but she can't legally
hold his property in lieu. Nor does she need the extra hassle
that could bring.

riccip

 

<Snip>
Is she legally entitled to sell any of his possessions to cover the
cost of
repairing or replacing the front door? What is her position as far as
removing his possessions from her property and telling him to collect
them from the driveway?


You could try UK Legal - they are really rather helpful in there.

 

Foto man says...

I will, thanks

 

ROTFLMAO!

I _don't_ think so. Try uk.legal.moderated instead.