Nuisance neighbour has more rights than us, even when he's in prison.

sonastin

I hate to rain on your parade but just because these people are his "family" doesn't necessarily mean it was a blood relative that broke in so DNA might not reveal anything. Could very well be his half-sister's half-brother's step-son-by-his-third-partner wot did it. And if he isn't on the DNA database...

jamie11

This is ground 14 0f S8.

• Ground 14: that the tenant or someone living in or visiting the property has been guilty of conduct which is, or is likely to cause a nuisance or annoyance to neighbours. Or that a person residing or visiting the dwelling house has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes or has committed an arrestable offence in, or in the locality of, the dwelling house.

So if dna did match someone there are grounds for eviction of the tenant in prison, even though it may not have been him.

moneysaymoneydo

Sonastin that was the point i was trying to make supposing it was a 'friend' who will clearly give the flat a wide berth whats the police going to do take a DNA sample from 'prison man' his family and all friends??? i was trying to point out it may be one of their friends who has never had DNA taken, and the OP had no definite proof it was anything to do with them (just likely to be them) - innocent until proven guilty and im pretty sure, also the type of family they sound will have all this covered ie. the one (If it was them) will be told to stay away, unfortunately these lot are wise to such behaviour!!!

mortgagenomore_2

Is selling an option and moving into your flat? or poss renting out meantime until eviction complete? just a solution i appreciate the 'why should we move' but for sanity and removal to a nicer environment!

I agree just because police have DNA unless a CSI lab turns up some of their matching DNA i cant see them testing all the family/friends, as awful a crime as it is for you unfortunately i would imaging not top of the police in your areas list of crimes to solve!

erdd2

puddy wrote: »

i understand your fear anger and frustration but how does he have more rights than you?

OP is being denied the right to peaceful enjoyment of their property whilst the perpetrator can procrastinate legal action as he has a right to a fair hearing, legal representation etc..... whilst the taxpayers finance his two places of abode.

RuthnJasper

elvis86 wrote: »

Luckily I have my own flat (in a gated development in a nice part of town!), so I'm not living there full-time. We kind of split our time between the 2.

I am intending to move in there in the new year though, but will be very reluctant to do so if the d!ckhead upstairs is still there. As it is I don't even want to stay there atm and am especially scared to leave my car parked outside.:(

Elvis86 - I do sincerely sympathise with you and your OH; it sounds like a wretched situation and I hope it will all be OK.

But WHY - in the name of all that is holy - are you "intending to move in there in the new year"???

What's to stop an even worse scumbag moving in when this one has been evicted, if it's that kind of area?

If you have your "own flat (in a gated development in a nice part of town!)", why on Earth doesn't your OH move in with you?!

I mean, love is pretty powerful, but I would seriously think twice about surrendering a safe, secure, home for what sounds like a living hell just so I could live with someone.

Take care. x

elvis86

sonastin wrote: »

I hate to rain on your parade but just because these people are his "family" doesn't necessarily mean it was a blood relative that broke in so DNA might not reveal anything. Could very well be his half-sister's half-brother's step-son-by-his-third-partner wot did it. And if he isn't on the DNA database...

moneysaymoneydo wrote: »

Sonastin that was the point i was trying to make supposing it was a 'friend' who will clearly give the flat a wide berth whats the police going to do take a DNA sample from 'prison man' his family and all friends??? i was trying to point out it may be one of their friends who has never had DNA taken, and the OP had no definite proof it was anything to do with them (just likely to be them) - innocent until proven guilty and im pretty sure, also the type of family they sound will have all this covered ie. the one (If it was them) will be told to stay away, unfortunately these lot are wise to such behaviour!!!

mortgaomoregen wrote: »

I agree just because police have DNA unless a CSI lab turns up some of their matching DNA i cant see them testing all the family/friends, as awful a crime as it is for you unfortunately i would imaging not top of the police in your areas list of crimes to solve!

We're hoping that whoever broke in will have been arrested in the past, and therefore the police will have their DNA. We didn't anticipate that they would especially take DNA samples from our neighbour and his extended family purely based on our suspicions! The police themselves said it would be very rare for the kind of person that would do this type of thing to have not been arrested previously. So fingers crossed.

jamie11 wrote: »

This is ground 14 0f S8.

Ground 14: that the tenant or someone living in or visiting the property has been guilty of conduct which is, or is likely to cause a nuisance or annoyance to neighbours. Or that a person residing or visiting the dwelling house has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes or has committed an arrestable offence in, or in the locality of, the dwelling house.

So if dna did match someone there are grounds for eviction of the tenant in prison, even though it may not have been him.

This is really useful, thank you! Which legislation is this lifted from?

erdd2 wrote: »

OP is being denied the right to peaceful enjoyment of their property whilst the perpetrator can procrastinate legal action as he has a right to a fair hearing, legal representation etc..... whilst the taxpayers finance his two places of abode.

This is exactly what I find so unfair and irritating!

RuthnJasper wrote: »

Elvis86 - I do sincerely sympathise with you and your OH; it sounds like a wretched situation and I hope it will all be OK.

But WHY - in the name of all that is holy - are you "intending to move in there in the new year"???

What's to stop an even worse scumbag moving in when this one has been evicted, if it's that kind of area?

If you have your "own flat (in a gated development in a nice part of town!)", why on Earth doesn't your OH move in with you?!

OH owns his property, mine is rented. Living in his flat together for a couple of years will be very cheap and allow us to pay off debts etc before looking to buy somewhere together.

RuthnJasper

elvis86 wrote: »

OH owns his property, mine is rented. Living in his flat together for a couple of years will be very cheap and allow us to pay off debts etc before looking to buy somewhere together.

Well, that's a fair argument - but I guess you'd have to weigh up the financial benefits up against your future psychological wellbeing. Say, for the sake of argument, current scum-bag DOESN'T get evicted, or he DOES get evicted but worse new scum-bag moves in, or neither of these but current scum-bag's family decide that your OH was to blame for his troubles (because it's never their fault, is it?! ) - do you REALLY want to go home to that flat and park your car outside every night, especially after a tough day at work?

I know this is MSE, but sometimes there ARE more important things than money. Please take care of yourself (and, by definition, your OH).

Best wishes. xx

elvis86

RuthnJasper wrote: »

Well, that's a fair argument - but I guess you'd have to weigh up the financial benefits up against your future psychological wellbeing. Say, for the sake of argument, current scum-bag DOESN'T get evicted, or he DOES get evicted but worse new scum-bag moves in, or neither of these but current scum-bag's family decide that your OH was to blame for his troubles (because it's never their fault, is it?! ) - do you REALLY want to go home to that flat and park your car outside every night, especially after a tough day at work?

I know this is MSE, but sometimes there ARE more important things than money. Please take care of yourself (and, by definition, your OH).

Best wishes. xx

Thank you, that's a lovely post.:)

It's something that we've spoken about a lot since deciding we wanted to live together. His flat is by no means ideal, and (no disrespect) but I've never aspired to live in an ex-local authority maisonette, surrounded by local authority tenant.:(

Buying his flat is something OH really regrets, but at present it really needs some TLC. He would lose money if he sold it right now, even if some of the cosmetic issues were sorted.

OH has basically spent his whole adult life accruing debt and spending money at an alarming pace, only since meeting me has he resolved to sort things out (I like to think that prior to meeting me he was trying to buy his way to happiness!:D Actually he was attempting to buy his way through his depression.:( ). He's £20,000 in debt, and we really could do with living cheaply for a couple of years to clear that.

But, having said that, I'm all too aware that ultimately happiness and wellbeing is paramount. I won't be moving in there as long as the upstairs neighbour is there, or until I feel safe to do so.

elvis86

The police got a match on the DNA. They've arrested the guy, who turns out to be the brother of the upstairs neighbour's girlfriend.:cool:

Unfortunately, things have gotten even more ridiculous. The guy's defence is that he was asked to visit his sister's boyfriend's flat to collect some post. He accidentally mistook my OH's flat for his sister's boyfriend, and broke in to collect the post. The police have bailed him and we are told that he may not be charged due to the "strength" of this defence.:mad::mad::mad:

Who breaks into someone's flat to retrieve post? Why was he not given a key? It must've been a really f*****g important letter!

What made him think that the post might be hidden in the bedrooms that he trashed? Or in our laundry basket that he emptied out?

Did he not read the envelope that his DID take, and see that rather than being addressed to anyone he knew, it was a birthday card (containing cash) that was addressed to my friend?

I despair! The whole system really is set up in favour of those who make other people's life a misery!:( I can't believe that he may get away with this.