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Ex tenant taking me, the landlord, to court

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Comments

  • Jude57
    Jude57 Posts: 649 Forumite
    Eighth Anniversary 500 Posts Name Dropper
    elsien said:
    Jude57 said:
    If OP is concerned, they should contact Police themselves to find out whether any complaint of theft has actually been made and if it has, arrange to attend for interview under caution - either with their own solicitor or requiring the Duty Solicitor to accompany them. Under no circumstances should they agree to any kind of formal interview without a solicitor present.  From what the OP has written, it's very unlikely the tenant has even made a complaint to Police but on the slim chance she actually has, OP showing themselves to be cooperative and willing to assist Police enquires will, unless the OP has a long and colourful criminal record, is likely to incline Police officers to consider who, on the evidence and balance of probabilities, is telling the truth of the matter. In the unlikely event that Police believe the tenant, putting the OP's evidence to the Magistrates should result in the case being dismissed because Magistrates are not, in my experience, fools.

    Even if Police aren't involved, let's assume for the sake of argument that the tenant takes out a private prosecution for the theft of the alleged jewellery. She'll have to explain to the Judge why she took all the heavy, cumbersome furniture (and white goods?), all her clothing, household goods and linens, all her pictures, ornaments and worthless tchotchkes but left behind a small (assuming we're not talking pirate chest size jewellery case) easily transportable box containing the Koh i Noor and the lost treasure of Atlantis. Judges aren't generally stupid and in small claims cases, they tend to take a pragmatic view but they do not like claimants lying or inflating their claimed losses for a bigger pay out. There are severe consequences for perjury, even in a Small Claims case.
    No comment other than to say I like your style. 
    Thank you, it's much appreciated. 

    P.S. Off topic but I hope the legendary Gitdog is still running rings around you and every human!
  • deannagone
    deannagone Posts: 1,096 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Marvel1 said:
    barrydh said:
    I understand about us entering the property without her permission but she refused to reply to letters sent requsting her attendance but we had no reply.  She blocked my phone number in May 2022 and the agent from about 6 months ago.  How were we to get her permission?
    I'm still curious about this, answers saying shoukd not have entered etc without saying what should be done - unless I'm misreading something. 

    Thst means she is still liable for council tax and rent even right now?
    See https://www.totallandlordinsurance.co.uk/knowledge-centre/ultimate-landlords-guide-to-abandonment-notices#:~:text=An%20abandonment%20notice%20should%20contain,to%20challenge%20the%20landlord's%20assertion
  • elsien
    elsien Posts: 35,049 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jude57 said:
    elsien said:
    Jude57 said:
    If OP is concerned, they should contact Police themselves to find out whether any complaint of theft has actually been made and if it has, arrange to attend for interview under caution - either with their own solicitor or requiring the Duty Solicitor to accompany them. Under no circumstances should they agree to any kind of formal interview without a solicitor present.  From what the OP has written, it's very unlikely the tenant has even made a complaint to Police but on the slim chance she actually has, OP showing themselves to be cooperative and willing to assist Police enquires will, unless the OP has a long and colourful criminal record, is likely to incline Police officers to consider who, on the evidence and balance of probabilities, is telling the truth of the matter. In the unlikely event that Police believe the tenant, putting the OP's evidence to the Magistrates should result in the case being dismissed because Magistrates are not, in my experience, fools.

    Even if Police aren't involved, let's assume for the sake of argument that the tenant takes out a private prosecution for the theft of the alleged jewellery. She'll have to explain to the Judge why she took all the heavy, cumbersome furniture (and white goods?), all her clothing, household goods and linens, all her pictures, ornaments and worthless tchotchkes but left behind a small (assuming we're not talking pirate chest size jewellery case) easily transportable box containing the Koh i Noor and the lost treasure of Atlantis. Judges aren't generally stupid and in small claims cases, they tend to take a pragmatic view but they do not like claimants lying or inflating their claimed losses for a bigger pay out. There are severe consequences for perjury, even in a Small Claims case.
    No comment other than to say I like your style. 
    Thank you, it's much appreciated. 

    P.S. Off topic but I hope the legendary Gitdog is still running rings around you and every human!
    Still attempting to cause havoc in a doddery one sandwich short of a picnic sort of a way. Tbf I know how he feels. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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