Judge To Look Into Why Tenants Are Not Prosecuted For Criminal Damage & Theft

Judge To Look Into Why Tenants Are Not Prosecuted For Criminal Damage & Theft

10:46 AM, 12th October 2016, About 5 years ago 164

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On my flight from Malta to Heathrow last week I had the pleasure of sitting next to a gentleman who was a Judge and also worked for the Ministry of Justice to review the Court system.

We got talking about criminal damage so I asked him how many tenants he had fined or imprisoned for criminal damage to a landlords property during his career as a Judge.

He went quiet for a while, clearly deep in thought, but then had to admit that such a case had never been brought before him. Being naturally inquisitive I asked him why he thought that might be.

He had no answer.

The point I made was that if I were to smash his doors, windows, garage door etc. I would expect to be prosecuted. He agreed.

He also agreed that criminal damage is criminal damage regardless of whether the person committing the crime is a tenant of a landlord or not. We then went on to discuss theft of property from a landlords property by a tenant.

When I explained to him that Police and CPS regularly brush off theft from a landlord or criminal damage caused by a tenant as a “civil matter” he was clearly concerned and accepted that when tenants do commit such crimes they should be prosecuted. I’m not convinced he appreciates the scale of the problem though so I am asking you to provide some examples in the comments section below. I have the Judge’s contact details and he will be signed up to receive notification emails linking to your comments.

If he is true to his word (I have no reason to doubt that he won’t be) then our chance meeting could well prove to be a very useful one in terms of my quest for justice for landlords.



Comments

by Mark Alexander

20:28 PM, 16th October 2016, About 5 years ago

Reply to the comment left by "Lisé Willcox" at "16/10/2016 - 20:13":

You and me both!
.

by Lisé Willcox

21:02 PM, 16th October 2016, About 5 years ago

Reply to the comment left by "Jay James" at "16/10/2016 - 19:59":

I guess I have done a lot... Currently shopping for houses in Bridgwater exceeds the thrill of all ....but the latest sausage recipes.

6 years in insurance, incorporating some boring legal exams, 19 years policing (injured so retired), married and quite brilliant X wild boar breeder and sausage maker too... Well you need a larf when your a social housing landlord .... And have faced down TB on the home front... Have no fear ....I'm real, and I enjoy what I do, but I have gone rather grey now! And only 49 ! I'm sure G Osbourne's legacy will make some of it fall out too, but I follow this site and am currently going ltd.. A bit slowly but yes ...?

by Lucy Fryer

12:06 PM, 17th October 2016, About 5 years ago

1. My letting agent was in league with a cannabis farmer. The cannabis farmer caused £15,000 of damage. The police were called, but would not evict the tenants since they still were on AST. The men they arrested at the time were never charged because "it could not be proved that it was they who were growing the cannabis" (The occupants claimed that they were merely "visiting" the house and didn't know about the cannabis). The Tenant (who never lived at the property, but set up the farm) was never even interviewed by the police, much less charged. When I asked about charging the Tenant , and indeed the Letting Agent, I was told that it was a "civil" matter, but that I was a) unlikely to win because I had no "proof" and b) even if I DID obtain a court judgement to pay costs, I would never succeed in extracting it from these people. Therefore I should just claim on the insurance and "get on with my life". My insurance premiums went through the roof for the following 10 years, and only now can I include cover for "malicious damage by tenants" on my policy. I know for a fact that the "Tenant" has set up numerous further cannabis farms in Birmingham and simply gets away with it, moving from house to house. The letting agent is still in action too. I have considered putting a petrol bomb through his letter box, since there appears to be no other way of making these people pay for the misery they cause.

2. Tenants smashed up my elderly parents' flat which was attached to their house. They called the police who took the men away. The police then released the men a few hours later at 2.00 o'clock in the morning! when my parents were asleep. The men returned to the flat and smashed it up some more. When my father called the police again, they would not come, on the basis that "there was nothing they could do, since that was where the men lived".

3. My latest tenants had to be evicted due to awful behaviour and rent arrears. After issuing Section 21, the local Council employee told them that they would have to "wait to be evicted" before they could claim homelessness. 45 weeks and no rent later, we are still trying to go through the courts to get them evicted.

4. A colleague landlord of mine had her county court claim rejected, because the person who had signed the form on behalf of the company was not the DIRECTOR of the company. That's put her back several weeks into the torturous process of evicting her terrible tenants.

There is no justice for landlords in the uk. That's why we're leaving. There are only so many times one can suffer pain and injustice without being embittered for life. What's more, the gov should beware. If justice consistently fails the people, the people will eventually apply justice themselves in more vicious ways.

by Robert Mellors

12:30 PM, 17th October 2016, About 5 years ago

Reply to the comment left by "Lucy Fryer" at "17/10/2016 - 12:06":

Hi Lucy

You are very right when you say there is no justice for landlords in the UK.

It is time the law changed and gave landlords the power to get rid of anti-social tenants immediately, not after 6 - 9 months of notices, waiting for court hearings, waiting for bailiffs, etc.

There also needs to be a way that judgements can be effectively enforced against low income (inc' DSS) and/or transient debtors.

by David Price

12:35 PM, 17th October 2016, About 5 years ago

Reply to the comment left by "Lucy Fryer" at "17/10/2016 - 12:06":

"If justice consistently fails the people, the people will eventually apply justice themselves in more vicious ways."
Perish the thought! A landlord would never take the law into his own hands for he knows that the tenants have rights, the right to trash a property and walk away without a blemish on their character.

by Alan Carey

14:43 PM, 17th October 2016, About 5 years ago

Reply to the comment left by "Lucy Fryer" at "17/10/2016 - 12:06":

I totally know where you are coming from, but forget the petrol bomb as because you arethe victim in this the police will take action against you adn not the vilains.

The police officer that attended my house, told me that they are more intested in racial crime etc, and that if I insulted an imigrant they have a 100% zero tolerance on crimes like that, he also suggested that I sell on the debt, so I am now in the process of doing that and I am selling to some people from outside the UK, so even if they do things the police don't like in collecting the debt, the police won't take any action as they are imigrants and the people who owe the money are UK citizens.

It is very sad to have to go down this route, but as others have said there is no justice in the UK, well certainly not if you are a UK citizen anyway. Also i agree with getting out of the AST market, until the goverm=nment wake up and start looking after landlords, who provide the housing that local authorities don't. The government don't realise or care that there approach is lowering the standard of properties available to rent and at the same time pushing up rents.

by Jay James

16:37 PM, 17th October 2016, About 5 years ago

Sorry for my comment Lise.

by Jay James

16:55 PM, 17th October 2016, About 5 years ago

I hope you got a 20 year pension for that! Isn't 20years a milestone for police pensions?
Boar and sausage in the same sentence; is there anything in that?..
(Thanks for not making a knee jerk response to my negative comment.)

by Jay James

17:02 PM, 17th October 2016, About 5 years ago

Reply to the comment left by "Alan Carey" at "17/10/2016 - 14:43":

Your first comment and the possibility of leading into an area that could give an excuse for anti-landlord types have another pop is raised. Let's all be careful whatever the truth of the matter. Perhaps we could stick to having a pop at bad tenants, regulators and criminals, whatever other group they happen to be part of.

by MoodyMolls

17:06 PM, 17th October 2016, About 5 years ago

Just done a money claim online.
The last one I did the tenant lied about outgoings etc to C Advice ( common occurence) and this was presented to the Judge who said he had to go with it as it was done via C Advice.

This is not fair due to tenants making loads of stuff up I think that bank statements for all accounts should be submitted to the courts . The tenant had a boyfriend living with her but I could not prove it the Letting agent that they were currently renting from could not provide the info due to DP.

I did suggest the Judge contact the Letting agent and adjorn for the reply.


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