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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My X boyfriend will not leave my allotment alone - it is my

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My X boyfriend will not leave my allotment alone - it is my name and I pay for it. I live in the borough of Merton and he does not. We have been apart since May, prior to that he helped me on it and paid for half the shed and bought and put up a wooden boarder for me. He is saying (and I have text message evidence of this) that because of the work and money he has put in it he will not leave it alone until he is ready. I have told him he has no rights to my property and that he is trespassing when he goes on it but he does not care. I have text messages from him stating that he will trash it and he sent me a very rude one yesterday telling me he is going to grow stuff in it and there is nothing I can do about it.
Please can you advice me - we were not married and only seeing each other for a couple of years. He is scaring me and I feel worried every time I go there that he will turn up and cause arguments.
What steps can I take to get him off my property?
Thank you
Ruth Lawes [email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

You mention he paid for half of the shed and some other materials on the site. Were these gifts please or not?

Customer:

It is hard to say, I got the allotment a year ago August, he paid for half the years tenancy (this was an arrangement between us and not with the borough), which ended on October 20th 2013 (he has obviously not paid towards this year and his name was never on the agreement). We agreed that we would split the costs and split the produce, so we shared the cost of the shed and he paid for the wood for the boarder and put the boarder up, I bought things like the wheel borrow and lawn mower, I think in total he spent about £150 on the shed and boarder - we have split all the veg that he had a hand in growing - the only thing left is some broccoli which I told him I will share with him when it is ready. I have told him that he can have the wood from the boarder back and is welcome to take the shed but instead he is using them to harass me and as a means of staying in contact with me.

Customer:

Please I am scared and need him to stay away from me and my property - what can I do?

Joshua :

Thanks. As an alternative to giving him the wood and shed would you in principle be prepared to pay him the equivalent in money or would you prefer not to consider this?

Customer:

I would like to pay him for it and I have suggested this to him but he is not interested - he is using the allotment to harass me, it is the only contact he has left to me and does not want to give it up (one minute he is telling me how much he misses me and asks me out and then the next day he is calling me names and sending me nasty messages). This has been going on since May. I held out until the years tenancy was over in the hope that he would then leave but it has not worked out that way.

Joshua :

Thanks. There are a number of potential approaches here. In terms of the shed and boardering he may be entitled to some of the money he spent on these unless they were gifts and offering such monies back as you have may be a good thing on the basis that it makes it clear you have offered to be entirely reasonable and that his behaviour appears to be harassment.

Joshua :

You may consider making a report to the police who can prosecute for behaviour which a person knows or ought to know may cause distress to another (you). From what you say you have persuasive evidence in the form of text messages.

Joshua :

You can also take civil action and consider applying for a non molestation order. This is a court order aimed at preventing your partner from using or threatening violence against you, or intimidating, harassing or pestering you, in order to ensure your health, safety and well-being. Ideally you would have made a report to the police and or social services before appling for such an order in order that you can show the court further evidence of the abuse.

Joshua :

If you are granted an order if he ignores the same he is liable to arrest.

Joshua :

You can apply for the above orders using the below form:
http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/fl401_1097.pdf

Joshua :

Is there anything above I can clarify for you?

Customer:

When I previously called the police helpline they said there was nothing they can do - should I call them again and insist that it is officially logged before I apply for the court order?

Joshua :

There certainly is. They must accept a complaint if nothing else and whilst they have the right to decide what to investigate if you tell them you are a single woman and are being threatened by your ex partner (obviously only telling them what is true) it would be quite extraordinary if the police did not take action because if anything (god forbid) were to happen to you and tit was revealed they failed to take your report seriously - you do not need me to tell you that this is the stuff of headlines, not to mention potential grounds for complaint by you and so on. I suspect you were simply unlucky with whom you spoke and a further complaint can be considered. They must at the very least give you a reference number for your report.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

I am sorry but the link you gave me does not work

Joshua :

Sorry they have changed it. Just a moment if you would...

Joshua :

I'll try again:
https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1117

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

Thank you for your help - I will contact my X once more and offer him payment for the shed and boarder (again) - if he refuses I will log a complaint to the police and take out a non molestation order.

Joshua :

Consider any communications with him are in writing so there is a record - this may be useful at a later date in the event of a dispute of your version of events.

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Customer:

I will - I only ever text him as he becomes argumentative and irrational if we try to talk. I have all the text he has sent me, ones that are threatening and rude and well as ones to show that he does not want to leave me alone and keeps asking me out again.

Customer:

Your help has been excellent and I now feel that I has some grounds to stand on and know how to proceed. Thank you

Joshua :

A pleasure. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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