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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice
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My landlord intruded into my house last night in a drunk state,

Customer Question

My landlord intruded into my house last night in a drunk state, manhandled me threatened me and drove away when I threatened to call police. I have text message evidence asking him to come in more social hours to discuss tendency related issues. As soon as I recovered from shocking behaviour I send him several text messages asking for apology for this unprovoked aggression. He now claims that that I am making stories to avoid rent hike and has raised questions over my mental stability. I am a well placed professional and have ample documentary evidence about good behaviourial and interpersonal skills. I had no CCTV or witness to prove what he did ( coz I live alone and I was not expecting this behaviour). I feel humiliated , victimised and insecure ! and really annoyed by the fact that instead of apology he is raising allegations against me. Should I have contacted the police without any evidence? Can I still contact police or take legal action against him?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

What action are you hoping to take please?
Customer: replied 2 years ago.
I frankly don't know what I should be doing, just feeling very humiliated that someone walks into your house 22:00 , manhandles you threatens you ,and walks away with impunity for no fault of mine and in turn makes false allegations and questions your mental integrity. And I have to tolerate all this coz I had no evidence of his behaviour .
Expert:  Jo C. replied 2 years ago.
Whether you contact the police or not is a matter for you. Its really an issue of personal choice. I have to say that I would never contact the police unless I was in a position to substantiate the allegation but I'm a cautious person aware of the laws of defamation and also of the fact that making unsubstantiated allegations can be more damaging for the accuser than the accused. Many people do make allegations regularly without any other evidence than their own testimony.

If he is denying it now then that might be a disadvantage. It depends on credibility really.

Obviously some people do make false allegations to settle old scores.

Unless there is evidence to support this then its quite unlikely that he would be charged. I'm not actually sure with what anyway. There isn't an offence in gaining access to your property. It depends what you mean by manhandling. That may amount to a common assault or not.

You could sue for trespass but you would have to bear the cost and the award would not be high.

You could also potentially claim for harassment. You would have to bear the cost of that as well. Costs are not high but they do exist.

You could still report it to the police. I'm afraid that at this stage its quite unlikely that he would be prosecuted.

The problem with this type of situation is that however much a person may be a thorough rogue, they can still only be punished if there is evidence.

I'm very sorry but thats your position and I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks ,! At least I know my legal position. It's strange behaviour from him , coz apparently there was no prior unpleasantness between us, by manhandling I meant that he pushed me to floor. He has previously entered into. My house without my permission while I was on holidays and has accepted the fact also. My last question is what do I if he does it again? He is notorious man he has already used my genuine allegations to his advantage - saying that I am trying to make a story to harass him to prevent a rent hike. I am a NHS doctor and have better things to do than make such a big fuss about a £50 pm rent hike.
Expert:  Jo C. replied 2 years ago.
Well, that is a common assault.

It might be worth reporting it. It depends on your view of it.

If he returns and misbehaves then you can call the police immediately. At the very least that would deter him.

Expert:  Jo C. replied 2 years ago.

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