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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My neighbour has been constantly ringing the housing and police

Customer Question

My neighbour has been constantly ringing the housing and police stating that either myself or my family have been threatening him, this is not true and no charges have ever been brought. Now however, my housing have threatened my tenancy and I do not know what to do. The police do not believe my neighbour and although the I respect the housing have tried to remain impartial I do not feel they have ever listened to my side of the story. I really do not know where to turn or what to do. He will not stop until I lose my tenancy. This all started because of complaints of an illegal stall he set up for a supposed charity that housing made him take down and because I complained that he plays music all day and night extremely loudly. I would appreciate any advice you could give me.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What would you like to know?
Customer: replied 3 years ago.


Well my neighbour has constantly harassed us, but rings in and says I harass him. For example my son Andrew and I were walking down the road and he came towards us, my son said just keep walking and as I was beside a wall my son moved into the road so my neighbour could pass, my neighbour still bumped into me as he passed. My neighbour then rang the housing and said that I was with my son Christopher (who is autistic) and that I had deliberately bumped into him. has phoned the police and has said my Christopher has tried to attack him with a knife. this is not true and no action has been taken against my son. However, we have now had our tenancy threatened and I don't know what to do,

Expert:  Jo C. replied 3 years ago.
Ok. Thanks


So what would you like to know about this?
Customer: replied 3 years ago.


What I can do?????

Expert:  Jo C. replied 3 years ago.
About the allegations or your tenancy please?
Customer: replied 3 years ago.


Both to be honest

Expert:  Jo C. replied 3 years ago.
They are two separate issues that we will have to consider separate.y.

I can give you an answer upon the vexatious allegations first.
Expert:  Jo C. replied 3 years ago.
Thanks.
I do completely see why you are aggrieved about this. Unfortunately people make spurious reports to the police all the time and something should be done about them.
The police are under a duty to investigate though. There are lots of human rights authorities that say they have to consider every complaint. That doesn’t mean, of course, that you will be charged and still less convicted.
In terms of what action can be taken afterwards, its fair to say its very limited. Its very hard to get justice for the false complaint in the UK by reason of public policy really.
There is an offence of perverting the course of justice that can be relied upon by the police. It is fair to say that its not used nearly enough basically because its expensive and has a very high evidential test. Its also thought to deter genuine reporting and also to stop people who have lied admitting their lie.
If the police refuse to prosecute him then you can take out a private prosecution but its not a good idea. It will be extremely expensive and CPS may take it over and drop it on public interest grounds.
Another option is for the police to give this person a wasting police time fine. Only the police can issue a fixed penalty fine. You can take out a private prosecution and that will be cheaper but you need the consent of the DPP which isn’t going to be available I’m afraid.
A much better option is to consider a civil action in harassment. You will find a very interesting article on the point here
http://www.1itl.com/news/270/
Its much cheaper and has a lower standard of proof.
However, you will need to show there are at least two false reports although not necessarily both to the police - one to the police and one to your employer may be sufficient.
You should also bear in mind that you will have to be able to show the allegation is false. Its one thing to be able to show that nobody believed it and another to be able to show it is false.
I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.
Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

I am very upset as this is the exact reply you gave to someone else on this site, word for word, but regarding a different matter.

Expert:  Jo C. replied 3 years ago.
If you are upset I won't be considering the tenancy situation then

Opting out
Expert:  Stuart J replied 3 years ago.

I can only agree with my colleague.

Regarding the housing tenancy:...

On what basis is the housing officer threatening your tenancy?

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