Landlord entering your property whilst you are in bed

olly300

sinbad182 wrote: »

3. They're conveniently not mentioning their culpability in the situation
4. They're making it all up as they go along

Regardless it's a criminal offence for a landlord to harass a tenant.

In this case being accused of entering a property without notice and demand arrears of a tenant in a threatening manner would count as harassment.

Landlords who are intelligent or use to dealing with difficult tenants are aware that:
1. You do not get into a situation where a tenant can claim you threatened them, and,
2. You do not enter the rental property unless the tenant has given you explicit permission unless it's an emergency.

There are ways and means (some aren't which truly legal) of getting rent out of a tenant or getting them to leave your property. Conducting yourself in this manner isn't one.

benson1980

olly300 wrote: »

Regardless it's a criminal offence for a landlord to harass a tenant.

In this case being accused of entering a property without notice and demand arrears of a tenant in a threatening manner would count as harassment.

Landlords who are intelligent or use to dealing with difficult tenants are aware that:
1. You do not get into a situation where a tenant can claim you threatened them, and,
2. You do not enter the rental property unless the tenant has given you explicit permission unless it's an emergency.

There are ways and means (some aren't which truly legal) of getting rent out of a tenant or getting them to leave your property. Conducting yourself in this manner isn't one.

Its not harassment (no course of conduct). Trespass isn't a criminal offence either unless there's a criminal offence attached to it (e.g. theft for burglary). What the landlord has done in terms of entering isn't something that the police would deal with retrospectively

[Deleted User]

Who cares if they're a troll or not? Forum posts exist for years, every time you write something here you're posting information for anyone that comes via a search engine, anyone that reads the topic, sure it's directed by the OP but that doesn't mean they're only one that gets value from your posts.

If you think someone is lying just ignore their posts. If the OP is lying then so what? They're sitting in their bedroom laughing at how helpful we are being? Ha ha! Look at that stupid MSE poster, he's helping me and I don't need help! ha ha!

Coopdivi

Another made up story from a bored teenager. Still I suppose it makes a change from posting fictitious guff about Tesco.

Guest101

benson1980 wrote: »

Its not harassment (no course of conduct). Trespass isn't a criminal offence either unless there's a criminal offence attached to it (e.g. theft for burglary). What the landlord has done in terms of entering isn't something that the police would deal with retrospectively

WRONG, Wrong , Wrong, Wrong.

Trespass on residential property is a criminal offence, of criminal trespass. And the police, absolutely and comepletely, have to investigate and act on this.

Now go away, because you are giving bad advice!

PaulLuke

Guest101 any chance of a link to the legislation or case law that would make this particular act a criminal one? I've taken a look and although there have been some recent changes I can't find one that covers this.

benson1980

Guest101 wrote: »

WRONG, Wrong , Wrong, Wrong.

Trespass on residential property is a criminal offence, of criminal trespass. And the police, absolutely and comepletely, have to investigate and act on this.

Now go away, because you are giving bad advice!

It's you that's giving bad advice- clearly you have no idea about criminal law. What is this offence of criminal trespass you speak of? And how is one instance of entering a property constituting harassment?

G_M

PaulLuke wrote: »

Guest101 any chance of a link to the legislation or case law that would make this particular act a criminal one? I've taken a look and although there have been some recent changes I can't find one that covers this.

guest101 seemed so emphatic I started doubting myown understanding...

A quick google found:

http://www.policespecials.com/forum/index.php?/topic/43175-civil-vs-criminal-trespass/

but note the reference is not to the 1986 PO Act, it is the Criminal Justice and Public Order Act 1994

61 Power to remove trespassers on land.
(1)If the senior police officer present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and—

(a)that any of those persons has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or

(b)that those persons have between them six or more vehicles on the land,
he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land.

So does this apply here guest101...?

benson1980

GM, the latter bit that you quote applies to squatters/travellers on land and powers to evict them- there is nothing that covers 'criminal trespass' on its own in the circumstances described. There's no such offence as 'criminal trespass'- it simply doesn't exist. Guest101 won't be able to assist; as above I don't really think they have a working knowledge of criminal law and as such any advice they give on the subject is a bit pointless I suspect.

sinbad182

This is the second time in a week Guest101 has been vocal in giving legal advice/commenting on law and has got it wrong.