Norfolk police claim trespasser is a tenant?

by Readers Question

9:04 AM, 25th February 2019
About 4 weeks ago

Norfolk police claim trespasser is a tenant?

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Norfolk police claim trespasser is a tenant?

Trespasser or Tenant? My local Norfolk police are stating a trespasser in my property is a tenant, because the trespasser claims an unknown party give them a tenancy. At the risk of getting a stupid answer, I will ask a stupid question.

Can a person with no legal rights to do so, give another person a legally valid tenancy?

My Norfolk police under advise from their legal services states the they can! Maybe someone can point me to legal documentation which states who can give a legal tenancy to a third party?

I know a owner/landlord and tenant can, I believe a licensee can’t. I didn’t think a sub-tenant could?  Can anyone point to a law or case law that proves one way or another?

My absent “legal tenant” has put in writing that he did not give his permission to anyone to occupy, (not that his contract allowed him) I didn’t give my permission to the new occupier.

My understanding is the new occupier was a legal trespasser when she believed she had a right to occupy, she made herself an illegal trespasser after she re-entered the property after she was aware (or else should have been aware) that she did not have permission to occupy.

The Norfolk police also stated that because the new occupier initially entered in good faith in the belief she had permission, she is entitled to re-enter even though she has proven (by her own report of fraud from a bogus landlord) the police knows she knows she do not have permission to be there, and they have quoted she IS entitled to the right of holding over that a legitimate returning tenant would have.

It’s not as if I have just left them to decide without my input, I have made multiple statements to guide them. It’s taken more than a month for two sergeants and their legal services and an inspector to get back with what I consider a result not even close to the 2012 law relating to squatters in residential property, of which I think I have a very good understanding of this well written short law.

I have made a last attempt direct to the inspector, to correct his sergeants. He propose to put my claims to a different legal service, he will make it a compliant. If it is allowed to get to the complaint stage if any legal minded sorts reading this fancy taking this up feel free to get in touch.

The implications if this goes unchallenged is that it makes an absolute mockery of this law which was derived to protect landlords and tenants alike from the nightmare of torment and costs that squatters cause.

Regards
kris



Comments

Chris Baker

11:54 AM, 5th March 2019
About 3 weeks ago

Reply to the comment left by Chris Daniel at 04/03/2019 - 21:59
Hi Chris,
Found you. Good site.

Chris, I am far from being a “know it all”, but after nearly 30 years of being a landlord I am certainly not green either.

The beatings I have, and am taking from everyone and their dog, has consumed my life of late, I am currently in no state of mind to step into the ring against the police. I am sure if the occupant claimed allegations of illegal eviction, the police would have to act aganist me as their statement that the occupyier was a tenant came after legal consultation (at the time).

The warrant I sort against the trespasser was the same as if they were a tenant, my understanding of an interim warrant is its used primarily against trespassers and not normally suitable against tenants? either way i didn’t give it too much thought as I knew the standard warrant would do the job.

I will fight, and am fighting when and where needed, certainly in my older age I am getting more selective.

Tell me Chris, considering the written statement I received from the police stating that the occupier was a “Tenant”, do you still standby your 3 times statement that an interim warrant would have been the best move?

The line depicting the Legal / illegal issue of trespass in residential premises by persons who believes or make claim they have permission, is a fight I will take-up.

My personal case has clearly shown the issue is with the CPS guidance, not the wording of the law.

I am of the mind to not only get the support of other landlords but also the police and the (Brexit allowing) I will attempt to find support from the many multi-party MPs that voted this law in, both the police and the CPS themselves were also in favour of this law so I think the chances of a successful outcome is high.

Certainly without a change, (at least in Norfolk and Suffolk) a squatter only has the claim they believe they have permission and have half bake story to back them, then the (dare I say) Norfolk aNd good (get it?) police will state the issue is and will REMAIN CIVIL, despite the trespasser becoming aware of their trespass status.

If you or others wish to be involved in helping to gather such support such as from there MPs then feel free to get in touch with me via Property118.

Regards kris

Chris Daniel

14:25 PM, 7th March 2019
About 2 weeks ago

Reply to the comment left by Chris Baker at 05/03/2019 - 11:54
Yes, and my company handle squatters for about half the price of another firm that you may see advertised.

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