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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was denied access to a property i had recently left the

Customer Question

I was denied access to a property i had recently left the day before (a joint tenancy with my name on the agreement), by the other person when i tried to collect belongings. I was forced by them to send an email stating i would continue to pay rent and utilities and council tax for the property otherwise they would not allow me to collect clothes and other necessities for work. I had no choice but to do this or i would not be able to go to work the next day.
I am now being threatened with being taken to court if i stop paying council tax or utilities because they have this email. Is this possible? Is the email i sent under duress legally binding? I understand i am liable for the rent under a joint tenancy this is not the issue.
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.

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

Did you just say this so you could collect your personal effects?
Alex

Customer: replied 9 months ago.
or i would not have been granted access to my belongings as the door was locked from inside.
Expert:  Ash replied 9 months ago.

Ok - then you could reasonably argue that although you were entitled to collect possessions and you were prevented from doing so, this was the ONLY reason you sent the email.

Whilst duress itself only applies in criminal matters and where there has been threats, you could argue you were put in a no win spot.

You needed your things and it was unreasonable of the other tenant to not permit you to collect those.

So in those circumstances it is NOT binding.

Can I clarify anything for you about this today please?
Alex

Customer: replied 9 months ago.
Thanks. this sounds like a grey area..? So could i potentially be taken to court on the basis of the email and have to argue my case that it was under duress and this was the only reason? The other person will deny they forced me to send the email.
Expert:  Ash replied 9 months ago.

Potentially yes, but if you get a sympathetic Judge you would be ok.

It seems unfair that you were denied access to somewhere you are paying the rent for.

Does that clarify? Alex

Customer: replied 9 months ago.
OK thanks.
Expert:  Ash replied 9 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 9 months ago.
Hello - sorry one more thing. I have just had a look in my phone and have several texts form the person demanding i send the email and then i would be allowed my things back. As i have proof of this demand would it still potentially go to court?
Expert:  Ash replied 9 months ago.

Hopefully not. Alex

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