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Tenants and access issues!!
Comments
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It was fairly deliberate not to do that. The letter generally sticks to matters of fact - whether it was assault or criminal is a matter of interpretation. The one bit of interpretation, that it was lack of manners is implied rather than stated - and is also a fairly evident understatement. I doubt you could write a closing sentence quite as contemptuous if you chose to frame her actions as criminal assault.I would also add a bit into the letter that pushing the door shut onto you is a criminal assault ... not just bad manners.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Right of access may not necessarily established by custom and practice. If it were your own property then you should seek an appointment with a conveyancing solicitor to establish the rights and wrongs of this situation in law. However, your first port of call is with your landlord. If he has granted exclusive use of your garden to you then she is acting against that right he has granted you and he should be involved.
CheersThe difference between genius and stupidity is that genius has it's limits. - Einstein0 -
No it would be common assault which is a civil not a criminal matter and to obtain redress you would have to sue. IIRC it only becomes criminal assault if the assault takes place during the performance of a criminal act which should then be reported to the police.I would also add a bit into the letter that pushing the door shut onto you is a criminal assault ... not just bad manners.
CheersThe difference between genius and stupidity is that genius has it's limits. - Einstein0 -
why not knock on the door ask her in for a cup of tea and have a chat first ......0
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Once it has gone to a solicitor's letter, I would not risk doing anything informal.why not knock on the door ask her in for a cup of tea and have a chat first ......Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
No it would be common assault which is a civil not a criminal matter and to obtain redress you would have to sue. IIRC it only becomes criminal assault if the assault takes place during the performance of a criminal act which should then be reported to the police.
Cheers
Sorry, but no. If you deliberately or recklessly apply unlawful (i.e. not in self-defence, which this clearly wasn't) force to another person's body, that is battery contrary to s.39 Criminal Justice Act 1988 - punishable by 6 months in prison. Common assault is battery without the application of force - merely causing apprehension of the application of unlawful force. There is no distinction at this level of assault such as you make between an assault during another act, and a standalone assault.
I accept that criminal assault isn't a legal term within the criminal justice system but the phrase 'battery' isn't widely-known.0 -
DVardysShadow wrote: »It was fairly deliberate not to do that. The letter generally sticks to matters of fact - whether it was assault or criminal is a matter of interpretation. The one bit of interpretation, that it was lack of manners is implied rather than stated - and is also a fairly evident understatement. I doubt you could write a closing sentence quite as contemptuous if you chose to frame her actions as criminal assault.
Fair enough, I see your reasoning.0 -
Are the properties owned by the same landlord?
Has your landlord noted any issues from his previous tenants?:hello:0 -
Hi, I'm not an expert in these issues but I think it is very possible that through long use of the path she may have established an easement (right of use). However, she is very rude that's for sure, and she certainly wouldn't have the right to prioritise herself over your use as long as you weren't blocking her access more than temporarily. Also how you enforce/resolve an issue when a tenant is more difficult to determine.
You might wish to post this question on the neighbours from hell forum, or gardenlaw forum where you might get better advice. If you do, I'd be fascinated if you could give us a bit of an update so that we could help people in similar situations in the future.0 -
Put a motion activated sprinkler in!If my post helped you in anyway, please hit the "Thanks" button! Please note any advice I give is followed at your own risk!0
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