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talloolah

Bit of a strange one (Civil and Criminal)

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Hi Everyone,

Recently I have found myself in a bit of a difficult situation and am unsure as to how I need to address it. It’s a bit of a strange one and therefore I don’t seem to be able to find any guidance on the web and so I thought I would post on here in the hope that someone with more knowledge than me could offer any advice.

The Background

Several months ago my landlord served a section 21 notice which I successfully challenged on the grounds of Incorrect paperwork (dates) and no deposit protection.

 

Following this the relationship with the landlord broke down completely; we started to receive threats of serious physical violence over the telephone via a third party. These calls were recorded and are now in the possession of the police.

 

Originally the police treated this as harassment however we have been told that it has been upgraded to the offence of blackmail, it is now with the CID and they are awaiting phone analysis results (They have been keeping us informed)

 

The landlord served another section 21 which I am defending due to no deposit.

 

The CID have informed me not to discuss their investigation or the recordings I made with the landlord or his new solicitor who is representing on this section 21 while the investigation is ongoing.

 

My Problem(s)

 

Yesterday I had the hearing date come through and it’s this Wednesday (only been given 3 days notice)

 

Firstly, some of the evidence that I wish to use is a part transcript of these recordings but I’m not sure what to do as they are part of a criminal investigation and I’m being told by CID not to.

 

Secondly, I am absolutely terrified of facing my landlord in court due to the nature of the threats and I’m not sure what I can do about this.

 

I thought about calling up the court and explaining but my concern is that they will still have an obligation to inform the other party.

 

As you can see, it’s a bit of a difficult one.

 

Any advice would really be a great help to me.

 

Thanks in advance everyone.

 

Tally x

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Would you not be able to discuss this with the officer in charge of the investigation ? Surely if their investigation will help your case then you should be allowed to use it ? Perhaps find out for sure what you can and cant say.


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Hi Citizen B,

 

We do have one regular CID officer who we have been communicating with, i assume is the one dealing with the case, i have spoken to him and he has offered to provide a letter of proof which i assume would also explain the circumstances. I also have the crime numbers, etc.

 

I dont have a letter off him as of yet (it is on the way) but i am happy to present these to the court as soon as i do.

 

I know it sounds silly but my concern is how i approach the court with it, essentially i feel like i am going to be saying to the court "i can tell you this but you have to keep it a secret" or words to that effect and im worried that they are going to think im a bit of a nutcase.

 

Im not sure about the courts obligations; i would imagine that in the interest of fairness, all conversations the court has with both parties would need to be made known which obviously results in them becoming aware.

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You say 'no deposit protection' then change it to 'no deposit'. Is it the former? Since the last hearing was struck out, has the LL made any attempt to repay the deposit to you? Obviously, you are already aware that a s21 notice is invalid if any paid deposit is not protected in one of the government schemes.

 

Have you paid the rent in the interim? If no, has the LL also served a s8 notice on you? It would seem a bit stupid on the LL's behalf to try to re-serve a s21 knowing what occurred at the last hearing.

 

With regards to the information you want to give the court from the transcript - is it to do with protection of the deposit, or solely to do with the criminal case? A civil court will not hear evidence relating to a criminal matter that remains under consideration.

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why not see if the CID person will come with you to the court? then he can give any evidence that is needed and sort of be protection from the LL too.


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LL is entitled to issue 2nd valid s21 IF LL has returned your deposit in full since last hearing OR subs protected it in an approved scheme and provided T with full reqd info, before issuing second s21 to expire after last day of fixed term, or appropriate end of SPT tenancy period.

 

There is no viable defence to a valid s21 when no deposit exists. IMO

 

I would delete any ref to your forthcoming hearing, for confidentiality. Maybe yout LL reads this Forum.

By all means notify investigating officer of your hearing date and ask his advice, but I don't see how it will affect s21 outcome. A sepeate criminal charge of intimidation or illegal eviction would have to be brought by rel Authorities.

 

If a Poss Order is granted to LL, you could ask Judge for a deferred date for enforcement.

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IMO the potential police action for harrassement/threats under the prevntion of eviction act, has nothing to do with any S21 notice for repossession. they stand and fall entirely seperately.

Civil case will not ackowledge any current action by police, would only become relevant after any offence proved and conviction follows.

However if you are worried about intimidation for the S21 hearing, inform the police and they may be able to help as would the court officials if you tell them un the day.

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