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THREATS by TENANT

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Comments

  • milky_
    milky_ Posts: 51 Forumite
    GET YOUR DAUGHTER INTO THE PROPERTY! I suspect that if they're shrewd they will ensure that it is never unoccupied now that they have changed the locks.

    i WILL. i saw a locksmith on saturday explained the situation he did say he had a similar case where tenants locked themselves inside a house and wouldnt let him do his job but he assured me that he will by any means unlock the door. He told me to go back Monday when he will be available...
  • I agree with the police. You can't do much about threats or implied ones. Isn't the legal position their actions rather than a lot of hot air to try and deter you from taking the appropriate action yourself?

    Perhaps the easiest and cheapest way out of this situation is to write and ask what their price is? Once you have an answer from them that could be the proof of the offence of extortion right in your lap. Or have I been watching too many cop thingys on the telly and it could only be a legitimate business negotiation or entrapment.....?
  • milky_ wrote: »
    i WILL. i saw a locksmith on saturday explained the situation he did say he had a similar case where tenants locked themselves inside a house and wouldnt let him do his job but he assured me that he will by any means unlock the door. He told me to go back Monday when he will be available...

    That's fine and dandy. Your daughter may need a copy of her tenancy agreement as proof that she has a legal right to enter. And the cops present. You MUST NOT attend. Do not even be visible on the street.
  • jamie11
    jamie11 Posts: 4,436 Forumite
    Milky, you are also April85 on a different site where you have already been given many answers to this problem.

    Nobody can wave a magic wand for you and make the problem go away, the girls are behaving badly. Your daughter does have a right to enter her own home, I believe that the laws about illegal eviction can also apply to these tenants where they are denying another tenant entry into her home. Rather than shouting about it here you could take yourself down to the council tomorrow and explain the whole matter to their tenancy relations officer.

    It is their job to take action appropriate to the circumstances.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Your daughter's situation and your own are separate matters, legally speaking. But it might provide you with some options.

    Your daughter has a right to live in the property, change locks etc. If she is being threatened then she can apply to the courts for an occupation order to remove the violent tenant and give her the right to occupy, but she will need evidence. You will have to remain totally separate to this process.

    As for you, continue to pursue the civil eviction track under both S21 and S8. On the criminal front, as the previous poster said complain to the police under section 2 of the criminal damage act (threats), and be clear this is a criminal offence and that you want a crime number. There is likely also a blackmail/demanding money with menaces angle too.
  • Has the OP received different, conflicting or more useful advice on the other forum? I'd be interested to read the responses on there. Is it LLZ?
  • jamie11
    jamie11 Posts: 4,436 Forumite
    Has the OP received different, conflicting or more useful advice on the other forum? I'd be interested to read the responses on there. Is it LLZ?

    Be my guest.

    http://www.landlordzone.co.uk/forums/showthread.php?43873-Tenants-Rent-Eviction-process-advice-PLEASE!
  • milky_
    milky_ Posts: 51 Forumite
    jamie11 wrote: »
    Milky, you are also April85 on a different site where you have already been given many answers to this problem.

    Nobody can wave a magic wand for you and make the problem go away, the girls are behaving badly. Your daughter does have a right to enter her own home, I believe that the laws about illegal eviction can also apply to these tenants where they are denying another tenant entry into her home. Rather than shouting about it here you could take yourself down to the council tomorrow and explain the whole matter to their tenancy relations officer.

    It is their job to take action appropriate to the circumstances.

    i am NOT shouting about it? in the other forum i asked advise about the EVICTION PROCESS which is clearly stated in the TITLE THREAD. Over here i asked about the legal stand the THREATS had if any, regarding the police and what could be done, a SEPARATE issue all together.
  • milky_
    milky_ Posts: 51 Forumite
    Your daughter's situation and your own are separate matters, legally speaking. But it might provide you with some options.

    Your daughter has a right to live in the property, change locks etc. If she is being threatened then she can apply to the courts for an occupation order to remove the violent tenant and give her the right to occupy, but she will need evidence. You will have to remain totally separate to this process.

    As for you, continue to pursue the civil eviction track under both S21 and S8. On the criminal front, as the previous poster said complain to the police under section 2 of the criminal damage act (threats), and be clear this is a criminal offence and that you want a crime number. There is likely also a blackmail/demanding money with menaces angle too.

    THANK YOU, you have summed it all up. Goodwill to you, sir! :)
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    One thought from a non-LL here -

    If there have been threats to burn down the property, and your daughter is another tenant in the unit, could this be an implied threat of attempted murder? It may escalate things in the minds of the police?
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