Nightmare tenants making spurious accusations

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    #16
    I have a separate CCJ that is due for the first instalment this week, that she will not pay a small she will ask for a redetermination.

    The eviction has a money order/request/whatever it is called attached and due at court next month.

    How do we address the fact she has accused my OH of harassment? Especially so as it is a lie to deflect from her culpability.

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      #17
      You don't have to address any accusation of harassment until it's made formal.
      Harassment isn't a defence to a payment claim, it's a criminal offence.

      If the tenant wants to claim against you (or your other half) they need to do that; the original case has ended and they lost.
      The court shouldn't allow the matter to have any impact on the prior case, the tenant should start a new case of their own.

      Courts are sometimes over flexible, but not if it makes more work for them!
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #18
        Need an impartial witness

        My tenant has made an accusation of harassment against my husband ((totally untrue)) but before she made the accusation I had said I would go round and do a property inspection.

        Because she has shown herself to be a liver and capable of making any old crap up I don't want to go on my own but think I need an impartial witness but have no idea how to go about that?

        Anyone she may choose is going to back up whatever she says as I suppose mine would so how do we get the right person?

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          #19
          Please post on your original thread, do not start a new one.
          You could ask your local Council Private Res Tenancy Officer if he can accompany you?

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            #20
            Take a digital camera with the facility to date the photos.

            If you want to take a person, take a friend who ideally is a teacher or other public servant, rather than a member of your family. Bear in mind though that your T is not obliged to let your witness in, even if your contract states that she must allow you access for inspections.

            Keep it calm and professional - have a written checklist of the things you need to inspect and keep to it. Make notes of anything she tells you relating to the items on the list, but do not be drawn into conversations about her accusation. If she repeats it, just say that you are not prepared to discuss it and that if she wishes to pursue it she must appoint a solicitor. (She won't).

            After the inspection, provide her with an objective written resume of your findings.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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              #21
              Two related threads have been merged.
              I also post as Mars_Mug when not moderating

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                #22
                She hasn't made any formal complaint against harassment else you would have heard from the police by now. It is a criminal offence.

                Nor will it form part of the eviction process as a defence.

                She is blowing air in the hope you don't take action. Continue with eviction and enforcing the ccj.

                If she chooses bankruptcy then bigger fool her. As others have said, this isn't a threat to you. If a judge will allow her bankruptcy then she was never in a position to repay her debt anyway and so either way, If she hasn't got it then neither do you get it.

                She needs to prove she cannot repay her debt before she is allowed to go bankrupt. It isn't a choice just to avoid meeting commitments and it will have a huge impact on her obtaining new accommodation as well as any future finance.

                Ignore anything she has to say and carry on.

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                  #23
                  In this case, I'd not do the inspection myself - no need to get involved with a tenant who might claim anything.
                  Pay someone professional to do it, so there's no issue about who's word to take, an independen 3rd party has a greater credibility than either "side" in a landlord/tenant dispute.

                  If it gives you any comfort, it's hard for someone being chased for money they owe to claim harrassment unless the person chasing does something unusual.
                  People being chased for money they owe often feel harassed, but that's normal (obviously don't chase every hour or threaten anything!)
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment

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