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

[clana]

Accoding to paragraph (j) of the “Homeless code of guidance for local authorities”we are in priority fneed for housing in the following case:

(j) a person who is vulnerable as a result of ceasing to occupy accommodation because of violence from another person or threats of violence from another person which are likely to be carried out (see paragraphs 8.37–8.38);

My landlord threaten me to cut the electricity and finally cut it. He also cut the water.

I would like to know if to threaten to cut electricity is threat of violence and if to cut it and also the water is violence

I think that is threat of violence and violence because if electricity is cut in winter we can get sick because no electricity means no hearing. Moreover, if eletricity is cut during the night we can get sick and even die of cold especially if we live in a room which is very cold because there are no adjacent builidngs.. For example if we are sleeping during the night and electricity is cut we can die without noticing it.
Hence, in case of repeat threats of cutting electricity by a landlord it is not anymore safe for a tenant to leave in the property because is too dangerous because of the risk of having the electricity cut during the night.

[islandgirl]

You need to speak to the housing team at your local council. These actons are illegal but this is not violence in the sense of the code as quoted (in my view) which relates to, I believe, domestic violence from another person in the household.

[clana]

The Cambridge dictionary of definition of violence is:

" actions or words that are intended to hurt people"

And, to cut electricity and water are intended to hurt especially in winter and during the night when it could be very cold

Domestic violence called domestic abuse is concerned by another paragraph of the “Homeless code of guidance for local authorities” which is paragraph (c)

[atticus]

The OP might wish to look at the Protection from Eviction Act.

[echat11]

Deal with the landlord, but find somewhere else to live first, find a 'caring' landlord, contact Shelter.

It sounds like 'Harassment' rather then a 'threat of violence'. When you contact the Council, do it in writing.

The landlord would be stupid to do anything that 'harms' you, the consequence could be 'grave' for them.

https://england.shelter.org.uk/profe..._letting_agent

[clana]

According to the definition of violence of the Cambridge Dictionary it is both harassment and violence and threat of violence.

However, it is a different matter because harassment only does not qualify me for the status of being in priority need for housing because there could be harassment without violence or threat of violence but being victim of violence or threat of violence qualifies me for this status which is important because in this case the council will have the duty to find me alternative accommodation.

[PallasAthena]

I also don't believe that what is being described is 'violence' within the context of the code, but clana there's not much point in arguing with us about it because it's what your local council thinks that matters so why not ask them? Dictionary definitions are not statutory definitions.

Whether it is violence or not it sounds like illegal eviction under the Protection from Eviction Act 1977. One of the examples of illegal eviction given by Shelter is "depriving the occupier of essential services, for example cutting off the electricity supply, so that they leave".

Shelter Legal England - What is illegal eviction? - Shelter England

Councils can prosecute Landlords for illegal eviction and take action if you are threatened with it. So talk to your local council as soon as possible.

[EDIT sorry, hadn't spotted that echat11 had already linked to this Shelter guidance]

[clana]

You say rhat Dictionary definitions are not statutory definitions.

I would like to know which statutory definition of violence do you use if any?

If there is no statutory definition of violence there is no choice but to use this from the dictionary

It is violence, threat of violence, harassment and unlawful eviction but only violence and threat of violence give me the status of priority need for housing

[PallasAthena]

I can only repeat, if you are certain that you are a victim of threats of violence there is no point in you arguing with posters on here about definitions because what we think is irrelevant to your attempt to get housing priority. It's what your council think that matters.

Have you spoken to your local council? What have they said?

Other than your landlord's illegal attempt to evict you is there any other reason why you should get priority for rehousing?

If the council stop the landlord from illegally trying to evict you so that you can stay where you are why wouldn't that be an acceptable outycome for you?

[clana]

However, the definition of violence is very important because the council to decide whether or not I have been a victim of violence and of threats of violence would have to use one either a statutory one or one from the dictionary.

You ask me if other than my landlord's illegal attempt to evict me is there any other reason why I should get priority for rehousing?, You have made a mistake because illegal eviction is not a reason to be in priorty need for housing. There is a limited list of reasons which are in “Homeless code of guidance for local authorities” which justify we are in priority need for housing and to have been victim of violence and of threats of violence is one of them but not illegal eviction.

I am in communication with the council so that it sends a warning of legal proceedings to my landlrod if he does not put back eletricity and water but this could take time and in the meantime I have to have somewhere to live, it is why it is important I am considered as being in priority need for housing.

[PallasAthena]

Good luck and let us know what the council says.

[islandgirl]

I agree with all the above. Threats to cut off water and electricity are not violence. They are illegal. You must talk to your council but they will not define this as violence.

[clana]

What evidence have you of this?

What evidence have you that the definition of the Cambridge dictionary of violence does not apply to my case? Have you a statutory definition of it?

It is not enough to make gratuitous assertions you should prove them.

Do you know some case law which say that to threat to cut electricity in winter is not a threat of violence?

It seems to me it is especially during winter because it is intended to hurt because of the physically consequence of not having heating especially during the night.

[islandgirl]

I judge cases in court of threats of violence as a Magistrate. This is not a threat of violence. It is as several of us have said illegal to cut off electricity and you need to report the threats to the council.

[clana]

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.