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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been falsely accused of name calling my son and visited

Resolved Question:

I have been falsely accused of name calling my son and visited by police officers. It has been confirmed that the person making such allegations is downstairs neighbour . Since our recent move to this address he had been continuously subjected us to bullying and verbal abuse. I am not sure how I can make him stop and best ways to do so.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if you have complained to the freeholder or landlord ?
Customer:

No, I have not. I did not think it necessary as the neighbour is himself renting his property and I am not sure how they would be able to help. I believe on of the freeholders are fully aware as I have informed of noise complaints and \I was told that they hope the neighbour was not too horrible implying that that was what it would be expected.

Alex Watts : Does your lease have a clause saying not to cause annoyance to others or words to that effect?
Customer:

My neighbour has a repeated pattern of behaviour, since his tenancy he has consistently complained about all tenants living at current property that I am renting. I have been targeted as the next one on the list. Is there anything I can do to stop him?

Customer:

And yes, all mentioned has been confirmed by the landlord and implied by other freeholders. Is there anything I can do to stop him?

Alex Watts : The freeholder should take action. But if they won't sadly you can't force them
Alex Watts : you need to get a solicitor to write and ask the person to stop or say you will go to court.
Alex Watts : if they still refuse then you can issue proceedings for an injunction. You are seeking an injunction under harasment f
Alex Watts : You would need to complete forms N1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : And N16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : the court will send a copy of the claim to the other side and invite you both for a hearing.
Alex Watts : If the injunction is contested a judge will timetable the matter for trial and decide whether to grant an interim injunction.
Alex Watts : at the contested hearing a judge will decide whether to grant a final Injunction
Alex Watts : If the judge grants an interim or final Injunction and it is breached this is contempt of court and the neighbour can be warned, fined or sent to prison
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Yes, it would be great and thank you for your help so far. It is possible that my neighbour also made such false allegations to children services, is there anything I could do to ensure that he is never going to be able to repeat this with someone else? contacting a solicitor is first step and then injunction and submitting the two forms. Is that correct?

Alex Watts : Sadly you cant do anything to stop him doing this to others.
Alex Watts : Some people are generally vile and you can't do anything about that.
Alex Watts : But yes contact a solicitor to get them to write first and if that does not work, it's the two forms.
Alex Watts : Does that help?
Customer:

Yes, it does help and thank you very much for your advice. I am going to contact a solicitor tomorrow morning and take each step as it comes. thank you..

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