Priority need for housing and victim of threat of violence and of violence

[echat11]

The Magistrate Court has nothing to do with this because if the council considers that I am not in priority need for housing and I disagree I have to challenge the decision by way of judicial review to the High Court which is a civil court and not a criminal court like the Magistrate Court.

It is very unlikely that you have deal with an issue of threat to cut electricity because before going before the Magistrate Court the complaint should be accepted by the Police which is very unlikely to accept it because Police consider such complaint as civil matters. Hence, complaints concerning threat of violence accepted by Police should concern threat of direct physical violence and not of cutting electricity.

If you have already dealt with cases of people being charged by Police with threats of cutting electricity or you know case law about this issue I would be grateful to you if you give us the details of these cases.

You are 'crystallized' in your opinions and assertions and have the knowledge to deal with the matter, so you really need to go with what you believe is correct.

[atticus]

The OP's previous experiences may tell him that his certainties are not always shared by judges. He should at least pay attention to and understand what others say. If nothing else, that may help him refine his arguments and enable him to deal with alternative viewpoints.

That said, I agree that he is stretching the definition in question too far.

[efpom]

Firstly - cutting off electricity by a landlord is a breach of contract, for which the tenant is entitled to claim damages: see Perera v Vandiyar [1953] 1 WLR 672

Secondly - a threat to do, aimed at forcing a tenant to give up the tenancy is Harassment as defined in the Protection from Eviction Act 1977

Thirdly - It is entirely a Local Authority decision to decide who is to be given priority housing but that decision can be challenged.
See https://www.citizensadvice.org.uk/ho...g-application/

[clana]

The problem is that in the mind of most people violence means someone punching someone else, however; violence is more than this as confired by the definition of violence of Cambridge dictionary

[efpom]

It seems to me that the OP tenant is trying to define himself/herself/itself as the victim of violence, so as to obtain priority housing from the Local Authority and has fastened on the Cambridge dictionary definition to try to get home.

It would be useful for the OP to read the CPS guidance- link below, in efforts to effect a cure for Cinderella Slipper Syndrome.

https://www.cps.gov.uk/crime-info/violent-crime

[clana]

The list of violent crimes in this website is not exhaustive. Moreover, to cut electricity is not in this list because it happens very rarely in comparison to other violent crimes.

Moreover, this list comes from the Crime Prosecution Services (CPS) which deals with criminal matters and my problem is civil matter so the comparison is no good,

It remains that the definition of violence of the Cambridge dictionary means what it means

[atticus]

This is going round in circles. If you are not interested in replies that are not completely agreeing with you, then perhaps this is not the discussion forum for you.

[clana]

You who is a lawyer try to find a statutory defintion of violence and the circle will be broken. Otherwise, we have to rely on the only definition we have i.e. this from Cambridge Dictionary

[echat11]

You who is a lawyer try to find a statutory defintion of violence and the circle will be broken. Otherwise, we have to rely on the only definition we have i.e. this from Cambridge Dictionary

When the authorities, institutions, organisations etc. look at things they don't look at the dictionary, they will look at context, existing law, regulations etc.

[islandgirl]

The list of violent crimes in this website is not exhaustive. Moreover, to cut electricity is not in this list because it happens very rarely in comparison to other violent crimes.

Moreover, this list comes from the Crime Prosecution Services (CPS) which deals with criminal matters and my problem is civil matter so the comparison is no good,

It remains that the definition of violence of the Cambridge dictionary means what it means

So you are arguing that it is a civil matter but want it to be dealt with in a criminal court? The definition of violence in the dictionary is important if you are writing a novel or doing a crossword but not in the context of the law. To cut electricity is not violence in the criminal sense. If you believe it is then please go to the Police and explain it to them and let us know how you get on.

[atticus]

While the dictionary definition cited may mean what it means, it does not mean what the OP would like it to mean.

[clana]

Reply to echat11

When the authorities, institutions, organisations etc. look at things they have a duty to look at dictionary if necessary especially if there is no contex, existing law, regulations etc which provide a definition of an important concept as this of violence

Reply to islandgirl

I have never said that I want it to be deal with in a criminal court

It is irrelevant that to cut electricity may not be violence in the criminal sense because the issue of whether or not I am in priority need for housing is a civil matter.

[atticus]

What authority does the OP have for the remarkable proposition in the first reply above?

The OP reminds me of the Bellman in The Hunting of the Snark: "What I say three times is true".

[echat11]

Reply to echat11

When the authorities, institutions, organisations etc. look at things they have a duty to look at dictionary if necessary especially if there is no contex, existing law, regulations etc which provide a definition of an important concept as this of violence

Reply to islandgirl

I have never said that I want it to be deal with in a criminal court

It is irrelevant that to cut electricity may not be violence in the criminal sense because the issue of whether or not I am in priority need for housing is a civil matter.

That's not correct, the authorities, institutions, organisations etc are all trained, they are professionals, they are experienced (in context / situations).

What has happened to you, the authorities, institutions, organisations etc have encountered many, many times before so they know what is what, they don't need to refer to a dictionary.

[islandgirl]

My view is that there is only one way to settle this matter. The OP now needs to prove us all wrong...Clana needs to go to the Police / their Local Council and explain that they are a priority for housing due to violence (ie the threat to cut off their electricity) and see what happens. We await their news with interest.