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SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 3889
Experience:  Director and Principal Solicitor. UK
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I have had an issue with a housing association in relation

Customer Question

I have had an issue with a housing association in relation to access to my property.The housing association built a development around my house and put up a gate which is stopping me from getting access to my houseI have right-of-way access and all the necessary paperwork has been sent to the housing association to confirm I have access but they still haven’t given me a key.I have tried numerous times to get a key but have had no luckIn February 2020 I had an emergency and needed to go to the hospital, I could not find a Neighbour to give me access so I had to force the gate open.I now have a situation where I’m being accused of criminal damage the police are offering me a caution.Can I go back to the housing association and ask them to drop the charges or is it out of their hands and now a police matter.Do you have any other suggestions?
Submitted: 11 days ago.
Category: Property Law
Expert:  SolicitorRM replied 11 days ago.

Hi thank you for your enquiry and patience. Because you had not installed the gate and did force it open it is now in the hands of the police and you should defend your position by showing the evidence that you have a right of access through the way and that the housing association had in fact unlawfully blocked the way and there was nobody to speak to for the gate to be removed. You should consider applying for an injunction order against the housing association to get a court to order removal of the gate and this may help you if you are successful to then get the caution removed if the police at this stage refuse to accept your defence without a court order confirming your right of way. I hope this helps and I would be grateful for your rating at your earliest convenience. All the best