Missing Belongings After Tense Move-Out with Former Housemate

Potential Course of Action:

  • Gather Evidence:
    • Make a list of the missing saddlery items, including descriptions, brand names, and any receipts or proof of purchase (if available).
    • If there were any witnesses who might have seen the items being removed, get written statements from them.
  • Contact the Former Housemate:
    • Try sending a polite but firm email or letter detailing the missing items and requesting their return.
    • Keep a copy of your communication for records.
  • Police Report:
    • Since the police were already involved, you might have a report filed about the chaotic move-out. Mention this report and see if it contains any details about the items removed.

Claiming Theft:

  • Whether you can claim theft depends on a few factors:
    • Proof of Ownership: Having receipts or proof of purchase strengthens your claim.
    • Joint Ownership: If some items were jointly owned, claiming theft might be difficult.
    • Police Report: While the initial police presence doesn't automatically confirm theft, their report might provide details on what was removed.

Alternative Dispute Resolution:

  • If communication with your former housemate fails, consider mediation. A mediator can help facilitate a conversation and reach an agreement on returning the items.

Legal Advice:

  • Consulting a lawyer specializing in property disputes is recommended. They can assess your situation, advise on the best course of action, and determine if a civil lawsuit is appropriate.

Disclaimer: This information is general in nature and shouldn't be considered legal advice. Specific laws on cohabitation and property division might vary by state in Australia. Consulting a lawyer familiar with the laws in your area is essential for tailored guidance.