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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16049
Experience:  I have been practising for 30 years.
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I live in Bedfont TW14 9SG my housemate attacked me 3 times,

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I live in Bedfont TW14 9SG my housemate attacked me 3 times, I called police twice and the landlord is aware but haven’t done nothing to change, he is very aggressive, offensive,I was victim of incited racial hatred intentionally. I actually have video him threw a knife at me while cooking and says offensive words for me come back to my country. Always when I tried to use the kitchen he try to intimidate me and also recording me who knows for what. As my landlord didn’t take any action on this situation from 11th April and my notice has been give on 15th June and he said he wouldn’t give me my deposit back as he need a full month notice from 30th June.

Good afternoon. I will assist with your question - be aware this is an email not chat service.

was this person arrested?

are you male or female?

and now you wish to leave for your own safety?

Customer: replied 4 days ago.
It’s male. No, police guys asked if I wanted to go to the court on the first time, I said no as I thought he would know how serious it was as it was the first time and I asked to do not talked to me and ignored me if he see me around the house, what did not happen and he started to try to intimidate me, I called the police again after few weeks as again I was in the kitchen and he attacked me, police guy said he could do much but it will score on he profile and one more time he would might be arrested
Customer: replied 4 days ago.
I wanna leave for my own safety and many another reasons as I have been made redundant but obviously living in this house been really difficult as the landlord did not take any action
Customer: replied 4 days ago.
Sorry just clarifying “..the police mans said he couldn’t ** do much ..”
Customer: replied 4 days ago.
Sorry I’m female and he is male

The landlord is under a duty to give quiet enjoyment which doesn’t mean quiet in respect of no noise, it means being left alone to live in the property.

The landlord is in breach of that covenant for allowing it to happen.

However whilst that doesn’t actually give you the right to leave the property it does give you the right to compensation.

If you have a video of the person throwing the knife that you, and the racially motivated comments, the person should be prosecuted and I don’t know why that hasn’t happened but you might wish to push that with the police.

However it seems that you decided not to do that which is a great shame.

The fact that you are female and he is male is irrelevant. Blame the Equality Act and everyone who campaigned for equality. I’m all for it but sometimes it is counter-productive.

All you can do, if the landlord steadfastly refuses to let you have your deposit back is to take him to the Small Claims Court to have it returned. It would before a county court judge to say whether it was reasonable for you to continue to stay in the property bearing in mind the potential danger to your health.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Customer: replied 4 days ago.
I do understand, my landlord view as well, I just asked my landlord to be flexible on the notice time and give me a month form the date I gave my notice as him asked a month and half also how can I proceed to prosecute this person?

In respect of the person who assaulted you, that’s a police matter.

With regard to getting your deposit back from the landlord, then it Small Claims Court.

www.moneyclaim.gov.uk is quick and easy. You can prepare the proceedings now, and save them online ready to issue them whenever a deadline expires.