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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24639
Experience:  Senior Partner at Berkson Wallace
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I help run a local social housing for aged mine workers &

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Hi I help run a local social housing for aged mine workers & spouses, we have a resident who refuses us access to carry out safety inspection. We have wrote to to him on several times. I have put a notice to quit on his door, another letter telling him to get in touch, then I handed him a further letter instructing him we we going to take court action. I had before all of the letters I had sent him 4 emails which were never replied to. One of the other trustees ask him had been in touch with myself, he just said no & shrugged his shoulders. I now need to know what our next step should be. The safety issue is the electrical safety, as we all know most fires are caused by electric faults.he is not only putting himself in danger but the other residents. When the rest of the street was checked a number of faults were found. This issue has been ongoing since June 2021
JA: Where are you? It matters because laws vary by location.
Customer: co. Durham
JA: What steps have you taken so far?
Customer: letters to get in touch to arrange inspection, 21/6/21, notice given to him telling him we were looking at ending his tenancy if he did not comply 29/6/21, next letter notice to quit 5/7/21, final letter court action warning letter, which I personally handed to him
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: if I need to go to court what forms I will need
Customer: replied 20 days ago.
File attached (ZM1PLVG)
Customer: replied 20 days ago.
H
Customer: replied 20 days ago.
File attached (24PZMQ2)
Customer: replied 20 days ago.
File attached (7Z3TM6S)
Customer: replied 20 days ago.
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Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

When you say 'help run' can you explain please?

and is this council social housing or association?

He is a tenant and therefore you need to give him a section 21 notice.  It is highly likely that your own notice is defective.

However dealing with the electrical inspection:

Applying for a prohibitory (preventing) or mandatory (compelling) injunction is relatively straightforward.  Just work it through a bit at a time.

There is a specific court order form N 16 A injunction application form which is here: https://www.gov.uk/government/publications/form-n16a-application-for-injunction-general-form

And you will also need court form N1 which is here

https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

I have no idea why some require the extra N1  form because in my opinion it doesn’t add anything to the process but if they want it, let them have it.  Alternatively you could use N208, which is virtually the same as N1.  The difference is that N1 is part 7 of the Civil Procedure Rules and N208 as part 8 of the civil procedure rules.

If you want to know what the difference between part 7 and part 8 is, join the queue.  Part 7 is appropriate if there are lot of evidential issues but how you decide that, the majority of solicitors don't even know.

So you can use one or the other.

The court fee is GBP308

You are going to need also a witness statement in this format

Please note that the Statement of Truth at the end of a witness statement has changed.  It changed quietly on 6 of April 2020.

Here is the form of witness statement on the government website which at the time of putting the link together, still had the old Statement of Truth.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

Here is the new wording: https://parissmith.co.uk/blog/guidance-signing-statement-of-truth/

it is referred to in box 6 of the N16

if there is some urgency with this you can make an emergency application and the next 48-hour is.  You would need to attach a Certificate of Urgency (a letter headed as such) saying why this is urgent.

Incidentally, it would be a good idea to attach screenshots or documents, and in the witness statement you would say “a copy (or a screenshot) of the XXX is attached marked Exhibit A”.  You then write Exhibit A (and so on and so forth) at the top of the exhibit.

You also need to ask the court to award costs against the other person, in your favour and in that respect you need a timesheet of everything that you have spent timewise and moneywise, including this advice, at GBP19 per hour.

You also need a penal notice attached to the order.  You just ask for appeal notice to be attached and the court gives the appropriate wording.

Your application would be an order compelling him to allow access to the property and if he doesn’t it would then be a further application for committal (arrest and jail) for contempt of court.

To be frank, there is no point in writing to him again.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24639
Experience: Senior Partner at Berkson Wallace
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