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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Not sure if you deal with matters concerning a potential conviction

Resolved Question:

Not sure if you deal with matters concerning a potential conviction for an internet crime?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with see.

Alex Watts :

If you could explain your situation I could see if I can help.

Customer:

My son is on bail awaiting to see if he will charged with the discovery of images found on hus computer. He does not get the answer to this until August. His tenancy on his flat is up for renewal in July, it would be a years renewal with myself as guarantor. If we renew the tenancy and he is subsequently charged, can he be evicted?

Alex Watts :

Unless it is a breach of the tenancy then no.

Alex Watts :

If he for whatever reason is found guilty and is sent to prison, again unless it is a breach of his tenancy, then no

Alex Watts :

That is assuming the monthly rent is still paid

Alex Watts :

So as long as there is not a clause in the tenancy agreement that says it is a breach of the contract if he is charged then no he can not be evicted

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Am i dealing with you now and not the other expert i was waiting for?

Alex Watts :

Yes, I am online and here to help you

Customer:

Ok, my son has been arrested for the discovery of images on his computer, he is on bail until August and will find out then if he will be charged, the tenancy on his flat expires in July and, if we renew for a year, with me as guarantor, could he be subsequently evicted if he is sentenced?

Alex Watts :

Only if that is a breach of a term of the tenancy.

Alex Watts :

As long as rent is still being paid (by you or him) then he can't be evicted

Alex Watts :

You can only be evicted for arrears or breach of term of the agreement

Customer:

On his agreement it states something about the housing act and one of the clauses i see online is arrested for illegal activity. Does this mean we would have to inform the landlord even if hes not been charged whren the tenancy is renewed?

Customer:

The police have intimated that his age, previous good character, willingness to get help etc may all result in a lesser charge, lower sentence or maybe a suspended sentence. Do we have to inform the landlord even though he wont be charged with anything in July and does the landlord have to be informed if/when he is? Is this something that will happen if he goes to court?

Alex Watts :

That tends to mean using the house for drug dealing, growing cannabis plants etc. You don't need to inform the Landlord.

Alex Watts :

You dont need to say anything to the Landlord unless the agreement says you have to. I dont think from what you have said that it does.

Alex Watts :

Even if it goes to Court I dont think you need to inform the Landlord

Customer:

I really hope not. I would like my son to have the peace of mind of a home if he does end up with a custodial sentence. Do you help with anything to do with that side of the law also?

Alex Watts :

As for the images - I dont really know what content they were or how many of them

Customer:

Can I say in confidence on here?

Alex Watts :

Its a public website sadly

Customer:

Ok, well I'll keep it to general help then. I think I will go ahead with the tenancy and assume the landlord doesnt need to be informed. What rights does my son have if his name appears in our local press and the landlord is informed in that way? Could he be evicted then?

Alex Watts :

No, unless its a breach of the tenancy.

Alex Watts :

Using for illegal purposes as I have suggested, using it for drug dealing etc

Customer:

Ok, that makes me feel a little easier. Thank you for your help Alex. I'm sure you will see me again as this only happened on Monday and I have so many questions!

Alex Watts :

Yes I can understand.

Alex Watts :

Can I clarify anything about what we have discussed today?

Customer:

Ummm, basically I understand that my son can renew his tenancy in July without informing the landlord that he is on bail, he doesnt need to inform him if he is subequently charged with an offence and it may be difficult for him to be evicted anyway as the property itself was not being used as a drug den, growing drugs etc it was something my son was doing using his own equipment in the property. Is that correct?

Alex Watts :

Correct

Alex Watts :

Can I clarify anything else for you>

Customer:

Thank you

Customer:

No thats it....for now....

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

If you have questions about this in the future start them with for Alex W and I can help you

Alex Watts :

Good luck with this and I hope it all works out

Customer:

Thank you again. I'm sure we will chat again

Alex Watts :

Thanks for the question and glad to help

Ash and other Law Specialists are ready to help you

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