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Legal matters

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Threatened with court.

83 replies

CantFigureItOut · 28/11/2023 19:39

Hi, I've tried to seeking help with two legal advice agencies but they aren't responding even after a few days and attempts.

I own a flat with a yard. The yard belongs to my apartment but upstairs have access through it. It is ringed im red as mine on the deeds but hand annotated as shared yard.

The property upstairs changed hands at auction. No idea whether the buyer viewed. He thought he could flip it but turned out he paid the top price so he is renting it.

My tenant has a dog which spends a lot of time in the yard, and the upstairs owner says that the upstairs tenant doesn't like it - apparently there is dog poo.

I've asked my tenant to keep it clean.

Upstairs owner now wants me to evict my tenant. My tenant has a newborn and another small child.

My tenant DOES want to move, but into a council property. They have been waiting and bidding for a while.

Thing is, upstairs owner is now threatening to sue me/take me to court if I don't evict them right now.

I am frightened. I don't know what to do. He is talking about his solicitor sending me letters that would cost me £500 to receive. I can't imagine how I can be liable for £500 to receive a letter.

Thanks for reading.

OP posts:
CantFigureItOut · 28/11/2023 19:40

It is pushing me towards suicidal, and I have told him this, but he's still harassing me, and calling and messaging.

OP posts:
piperpheobepruepaige · 28/11/2023 19:40

What is the legal basis that the upstairs owner thinks you should evict your tennant?

Is it just the dog mess?

CantFigureItOut · 28/11/2023 19:41

Yes dog mess, but also my tenant smokes cannabis in the yard,but he tells me it's medicinal for depression and that he has a prescription.

OP posts:
heldinadream · 28/11/2023 19:41

Consult Shelter, they should be able to advise you. Best of luck.

piperpheobepruepaige · 28/11/2023 19:41

It will not cost you £500 to receive a letter, he is talking bollocks

Ignore him - however, do suggest to your tennant the yard needs to be kept clean.

Starlightstarbright2 · 28/11/2023 19:42

CantFigureItOut · 28/11/2023 19:40

It is pushing me towards suicidal, and I have told him this, but he's still harassing me, and calling and messaging.

I would absolutely speak to a solicitor rather than be suicidal .

Harassment is a crime . Keep the messages .

piperpheobepruepaige · 28/11/2023 19:42

CantFigureItOut · 28/11/2023 19:41

Yes dog mess, but also my tenant smokes cannabis in the yard,but he tells me it's medicinal for depression and that he has a prescription.

Does your tennant have a prescription? (edit - sorry I see they do)

Possessing cannabis is illegal, whatever you're using it for. That includes medical use cannabis products, unless these have been prescribed for you.
https://www.nhs.uk/conditions/medical-cannabis/#:~:text=Possessing%20cannabis%20is%20illegal%2C%20whatever,have%20been%20prescribed%20for%20you.

but again you dont need to listen to the dick waver upstairs

nhs.uk

Medical cannabis (cannabis oil)

Information from the NHS website on medical cannabis.

https://www.nhs.uk/conditions/medical-cannabis#:~:text=Possessing%20cannabis%20is%20illegal%2C%20whatever,have%20been%20prescribed%20for%20you.

Cookerhood · 28/11/2023 19:43

CantFigureItOut · 28/11/2023 19:41

Yes dog mess, but also my tenant smokes cannabis in the yard,but he tells me it's medicinal for depression and that he has a prescription.

I think he may be pulling your leg. Prescription cannabis isn't smoked, or available for depression. Unless you aren't in the UK? In which case the legal advice would be different anyway.

CantFigureItOut · 28/11/2023 19:43

Piper, is that for sure?

I asked if I could speak to his solicitor on the phone and he said no, but he could send me a letter that would cost me £500, and then he added "lol". This guy is apparently a family friend and I said

Why would a family friend charge you £500 to send a letter? And he said, no it woukd cost you £500, lol.

OP posts:
piperpheobepruepaige · 28/11/2023 19:44

CantFigureItOut · 28/11/2023 19:43

Piper, is that for sure?

I asked if I could speak to his solicitor on the phone and he said no, but he could send me a letter that would cost me £500, and then he added "lol". This guy is apparently a family friend and I said

Why would a family friend charge you £500 to send a letter? And he said, no it woukd cost you £500, lol.

Where are you?

Loverofoxbowlakes · 28/11/2023 19:45

Not sure what letter will cost you £500 to receive (unless it goes to your insanely expensive solicitor). He has no grounds to force you to evict, but your Tennant needs to clean up after their dog. If the new owner has access over your land then you need to make this a safe space, so fence off a bit so your tenant's dog can't get to anyone walking through.

I'd be having serious words with the tenant for not clearing up dog poo, it's a massive health hazard and I can understand why the new owner is getting arsey.

CantFigureItOut · 28/11/2023 19:45

Uk. Yes I could believe it's not the truth about the cannabis. But I'm now stuck between these two parties.

OP posts:
TheOtherSideOfTheStory · 28/11/2023 19:45

I don't mean this to sound as harsh as it does but can you just evict the dog? If the tenant is letting it shit all over the yard, is that in breach of the contract? Can you remove permission for him to keep a dog in your property, since he's not cleaning up after it?

Loverofoxbowlakes · 28/11/2023 19:46

Oh, and I assume you have robust legal cover in with your landlord insurance op?

CantFigureItOut · 28/11/2023 19:46

I don't know how to do that or hiw to enforce it without them subsequently making things very difficult for me.

Ideally the council will hurry up and find them a new home.

OP posts:
SiouxsieSiouxStiletto · 28/11/2023 19:47

If your tenant wants to be evicted and wants a Council house, have you thought of evicting them? Obviously, it will cost you money but they want to be evicted.

I would evict them then sell the property.

meatbaseddessert · 28/11/2023 19:47

Letters from solicitors do not cost £500 to receive. Ever.

CantFigureItOut · 28/11/2023 19:47

Loverofoxbowlakes · 28/11/2023 19:46

Oh, and I assume you have robust legal cover in with your landlord insurance op?

Well I'll certainly check, though define robust!

OP posts:
CantFigureItOut · 28/11/2023 19:47

I was thinking about that today and I wondered if they wouldn't cover it :-/

OP posts:
FictionalCharacter · 28/11/2023 19:47

He’s a bully and he’s trying to scare you.
What exactly does he think he’ll be suing for? People say “I”ll sue you” when they have no idea what it means.
There’s no such thing as a letter that costs £500 to receive.

titchy · 28/11/2023 19:48

CantFigureItOut · 28/11/2023 19:46

I don't know how to do that or hiw to enforce it without them subsequently making things very difficult for me.

Ideally the council will hurry up and find them a new home.

A single bloke with a dog won't be coming to the top of any council list soon.

CantFigureItOut · 28/11/2023 19:48

SiouxsieSiouxStiletto · 28/11/2023 19:47

If your tenant wants to be evicted and wants a Council house, have you thought of evicting them? Obviously, it will cost you money but they want to be evicted.

I would evict them then sell the property.

They want to move. But have made it very clear that they don't want to go into temporary accommodation with the children whilst waiting for a house.

I spoke to the council myself and they said that yes, it's likely they would be housed in a b&b or similar for a bit.

OP posts:
CantFigureItOut · 28/11/2023 19:49

titchy · 28/11/2023 19:48

A single bloke with a dog won't be coming to the top of any council list soon.

No, it's a family, they're overcrowded.

OP posts:
HappyHamsters · 28/11/2023 19:49

Dog poo needs to be cleared up, he is a bulky and talking rubbish but he could end up calling the police about the cannabis.

Loverofoxbowlakes · 28/11/2023 19:49

OP your tenant is creating a health hazard with the dog poo and potentially illegally smoking weed which is proving to be a nuisance to your neighbours. I would be seriously considering evicting them anyway.

Accidental landlord?