Who gets legal aid ?

Somerset

This may well be posted in the wrong section, but I took a stab (because of benefits ) - please move it if it's in the wrong place.

I'm having a problem with a flatowner in the same house as me. He's basically threatened to do something he shouldn't. I don't want any legal advice or to go into details - I've taken legal advice and he can't/shouldn't.

My question is about legal aid. I'm going to have to get a solicitors letter sent out to tell him he can't do this thing and if he does that he'll be sued. The bloke suffers from bipolar ( DLA ?? ) and doesn't work ( JSA ?? ). He doesn't live in the flat, he rents it out and lives with his parents.

If he goes ahead and does what he's threatened, and I do have to sue, will he get legal aid ?? I will have to pay all my costs - it might change what I do if I find out legal aid will fund all his ! Even if I win ( which I should ) I'd never see any costs back.

So would unemployed & bipolar, but with property rented out so 'rental income' mean he would or wouldn't qualify for legal aid ?

SomeBozo

You don't want to discuss it so thats fine.

I'm going to have to get a solicitors letter sent out to tell him he can't do this thing and if he does that he'll be sued

What do you mean by "sue"? You can only sue someone for a loss. Most losses are insurable. Is this small claims? Or is a criminal issue?Its hard to help on that part.

will he get legal aid ??

Impossible to answer without more details.

As a rule, if you receive :

• Income Support
• Income Based Job Seeker's Allowance
• Income-based Employment and Support Allowance
• Guarantee Credit

you are automatically financially eligible for the following levels of service:
Legal Help
Help at Court
Immigration cases: Legal Representation before the Immigration and Asylum Tribunal; and the High Court
Asylum cases: Legal Representation before the Immigration and Asylum Tribunal; and the High Court
Family Mediation
Help with Mediation
Other Legal Representation
General Family Help

But if he does not have any money, why sue? Blood and a stone etc.

Bozo

Rikki

I don't think you mean sue, just legally stop him from doing what he is attempting to do.

Legal aid is only available to the person claiming it. You would not be able to claim your expenses back. As far as I am aware.

Somerset

Rikki wrote: »

I don't think you mean sue, just legally stop him from doing what he is attempting to do.

Legal aid is only available to the person claiming it. You would not be able to claim your expenses back. As far as I am aware.

Correct - I'm just trying to stop him doing what he is threatening to do.

If he damages the property in question, there will be a financial cost.

If I then don't sue to recover the cost - he will take it as evidence that he can do whatever he likes to mine or anybody else's property in the house.

Ideal situation - a solicitor's letter will stop him. Just trying to work out, if it doesn't, will he have a free ride (legal cost-wise) dealing with the aftermath.

Somerset

SomeBozo wrote: »

But if he does not have any money, why sue? Blood and a stone etc.

Bozo

I'll use an example - apologies for being cryptic - I'm just trying to keep this non-specific.

If someone threatens e.g. to kick in your front door because they don't think you should have a front door ( just an example !! ). You then send a solicitors letter saying they are not entitled to kick in your front door and will be sued if they do. If they carry out their threat and do kick it in - if you do nothing and don't carry through your threat to sue - then they have open season on your front door and no repercussions.

Just thinking this through ..........
Possibly an injunction is more appropriate ??
Possibility of criminal damage ??

I think my 'sue' thought is probably the wrong way to go.

Rikki

Somerset wrote: »

I'll use an example - apologies for being cryptic - I'm just trying to keep this non-specific.

If someone threatens e.g. to kick in your front door because they don't think you should have a front door ( just an example !! ). You then send a solicitors letter saying they are not entitled to kick in your front door and will be sued if they do. If they carry out their threat and do kick it in - if you do nothing and don't carry through your threat to sue - then they have open season on your front door and no repercussions.

Just thinking this through ..........
Possibly an injunction is more appropriate ??
Possibility of criminal damage ??

I think my 'sue' thought is probably the wrong way to go.

Sue would happen after the event. What you want is a means of preventing him from perpetrating potential harm or damage in the first place.

A strongly worded solicitors letter maybe all that's needed. Sighting the implications of what he is intending to do. Did the solicitor you spoke too have any suggestions on preventative measures?

Who owns the lease to the building? The lease holder should be made aware of any major changes.

webwalker

Go to your local police station and report it, they will try to sort it out amicably and send a community policeman to see the person involved. A simple but effective sign that he can't do what he likes.

webwalker

Somerset wrote: »

So would unemployed & bipolar, but with property rented out so 'rental income' mean he would or wouldn't qualify for legal aid ?

Depends on income.

SomeBozo

Would suggest reporting the "threat" to the police. Let them pay him a visit.
At least then its all on record.

Bozo