Violent behaviour of a tenant towards a family member
I have joint tenants in a property and one has violently assaulted a family member and friend as well as her husband within the property.
The police were called and she was told to leave the property and can return to collect her personal items but only when the husband is not in the property.
The situation is further complicated as the landlord’s son is one of the tenants, and it is the sons wife who did the assault.
Unfortunately, she has a history of anti social behaviour and this is not the first time this has happened, but this is the first time within this property.
The tenancy is for one year and it is only three months into this period. The police have told the landlord that he cannot change the locks to prevent her entering as long as she adheres to the agreement to only enter when the husband is not there.
The landlord wants to make sure that she cannot enter the property at any time and wants her off the tenancy agreement on a permanent basis. His son has only recently married the person , only a matter of weeks.
Having looked through the agreement there is a possibility a section 8 notice could be issued as under ground 14 A b 2 it does cover a unlawful act within or in the locality of the property but a possession order would still be at the judges discretion.
I have advised the landlord to seek legal advice with a solicitor who has a knowledge of both landlord and tenant law as well as criminal. I would like to do more to help him as he is one of my best landlords but do not want to give incorrect advice that would make the situation worse.
Any advice you can give would be greatly appreciated.
Thanks
Jonathan
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Done Up Like Kippers
Member Since January 2011 - Comments: 12217 - Articles: 1413
12:18 PM, 20th December 2014, About 11 years ago
Hi Jonathan
I agree with most of the advice you’ve offered to your landlord client. Where I would differ slightly is:-
1) Use a criminal barrister as opposed to a solicitor. It may well be more cost effective, especially for an initial 15 minute consultation which is free for Property118 members with this guy https://www.property118.com/member/?id=1945
2) I would recommend getting an injunction to prevent her coming within X metres of the property. This will make it much easier for a judge to grant possession on section 8 ground 14.
3) If landlord wishes to re-let the property to the remaining tenant I would have them both attend the repossession hearing to explain this to the judge. I think this will add weight.
.
Member Since July 2013 - Comments: 184 - Articles: 1
10:37 PM, 20th December 2014, About 11 years ago
Mark, how can that landlord apply for an injunction for her to stay away from theproperty when she is a tenant on the tenancy agreement? If this is the way to go wouldn’t all landlords go down this route and not serve sect 8?
Member Since January 2011 - Comments: 12217 - Articles: 1413
11:11 PM, 20th December 2014, About 11 years ago
Reply to the comment left by “AA Properties Wales ” at “20/12/2014 – 22:37“:
The landlord couldn’t, but the son could because he was the one assaulted.
.
Member Since July 2013 - Comments: 184 - Articles: 1
10:44 AM, 21st December 2014, About 11 years ago
Could you explain how the son would be able to get an injunction, especially as this is his wife (LOL!!!) (not sure if lol is appropriate here tbh ::))
Member Since January 2011 - Comments: 12217 - Articles: 1413
5:47 PM, 21st December 2014, About 11 years ago
Reply to the comment left by “AA Properties Wales ” at “21/12/2014 – 10:44“:
It is very common for injunctions I domestic violence situations. I am not a lawyer so I don’t know the technicalities, hence my suggestion to contact Mark Smith (Barrister At Law).
.
Member Since July 2013 - Comments: 357
3:12 PM, 26th December 2014, About 11 years ago
Hi AA Properties
Believe it or not to get a exclusion order is very easy and you are correct it would be the son who has to take the action. The accused is not even told this is happening until the order is served for fear of more violence. So even if it is a made up story the person has to wait to the hearing until they get a chance to have their say. They will do an initial exclusion until a proper hearing can be heard this could be four or six weeks away. Then if the person breaches it, then straight back to court. If the police attended and the assault was reported then this should be straight forward enough..
This woman has a history of violence so I don’t think it would be an issue.