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

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  • #31
    I agree islandgirl - advice OP has been given several times!

    OP's obsession with whether 'violence' includes words has obscured a more significant problem for the OP, which is whether cutting off the electricity is an act of violence intended to harm the OP at all. OP appears to assume it is on the basis that "if electricity is cut during the night we can get sick and even die of cold" but there is no evidence that the LL's purpose and intent in turning off the electricity is to harm the OP by making them ill.

    Many dictionary definitions are available but the general sense of all of them is that violence involves behaviour that is intended to hurt or kill someone. Intention is the key word. The LL's behaviour is surely intended to make the OP move out, not cause OP physical harm or kill them, so we're back to illegal eviction being the relevant law.

    I am of the same opinion as another poster upthread that OP is currently in private sector rented accommodation and is trying to use the LL's actions (unpleasant and illegal as they are) to get not only onto the council housing waiting list but get bounced right to the top of it, leapfrogging everyone else on it. I am not supportive of that ploy. There is a more appropriate remedy in the council's powers under the Illegal Eviction Act 1977.
    Last edited by PallasAthena; 18th October 2023, 09:11:AM.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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    • #32
      PallasAthena wise words indeed. This is as you say potentially an illegal eviction and should be dealt with as such.

      Comment


      • #33

        Reply to echat11 she says

        “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”

        This is not sure because most cases of violence do not involve cutting electricity.

        Do you know previous similar cases of the statue of being in priority need for housing was refused because cutting the electricity was not considered as violence? If really such cases are common there should be previous cases.

        Moreover, it is not sure that the housing officer in particular who will deal with my case has already encountered himself such a case of cutting electricity.

        Furthermore, it is possible that the council took the wrong decision concerning previous similar cases because the claimant who maybe does not speak proper English did not have the idea to refer the Council to the definition of violence in the Cambridge dictionary

        Reply to PallasAthena

        How do you know the intention of my landlord, can you read his mind?

        What matters is that my landlord was aware of the consequences of cutting my electricity which was to hurt me by making me cold because he knew that we were in winter.

        He knew that it will be the consequence of hurting me which will force me to leave my room.

        I refer you again to the definition of violence of the Cambridge dictionary which refers to the intention to hurt.

        We have to take into account also that the standard of proof for criminal cases is not the same as for civil cases because for criminal cases the standard of proof is a lot higher because it is beyond reasonable doubt and for civil cases is only the balance of probability and the issue or whether or not I am in priority need is a civil matter

        Reply to islandgirl

        This is an illegal eviction but not only an illegal eviction

        Comment


        • #34
          I suspect now that this person is trolling the site. If not they simply need to go to their local council and plead their case and give up trying to make us agree with them because we will not. We look forward to an update.

          Comment


          • #35
            Post 4: https://legalbeagles.info/forums/for...64#post1657164
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #36
              You seem to think your case is 'unique', landlords spout all sorts of 'nonsense' to suit their agenda, one thing they use is the threat of cutting off electricity / gas, even when they know it's wrong.

              Reply to echat11 she says
              “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”
              This is not sure because most cases of violence do not involve cutting electricity.

              You are still trying to argue that 'cutting electricity' is a violent act.

              Do you know previous similar cases of the statue of being in priority need for housing was refused because cutting the electricity was not considered as violence? If really such cases are common there should be previous cases.

              If you want that information, send your local Council a Subject Access Request, then please report back to us.

              Moreover, it is not sure that the housing officer in particular who will deal with my case has already encountered himself such a case of cutting electricity.

              All the Housing Officers in each borough in the country share information, they have access to legal advice etc. So he / she might not have encountered a specific situation, but other Housing Officers would have.

              Furthermore, it is possible that the council took the wrong decision concerning previous similar cases because the claimant who maybe does not speak proper English did not have the idea to refer the Council to the definition of violence in the Cambridge dictionary

              The Council provides translation services where non English speakers require help and assistance. They even have pre-printed leaflets on various topics.

              Comment


              • #37
                Yes, I still argue that to cut electricity is a violent act. I stick to the Cambridge dictionary definition of violence because in England it is the English language which applies until someone come with a statutory definition of violence or another definition of violence from a previous housing case.

                Housing officers can share information and have access to legal advice..etc but they have to deal with several cases and as a consequence they have limited time to deal with each of them.

                The council may provide translation service and pre-printed leaflets in other languages but the fact that someone does not speak proper English means that he could not be able to do search in the Internet and found the Cambridge definition of violence like I did

                Comment


                • #38
                  Originally posted by clana View Post
                  Yes, I still argue that to cut electricity is a violent act. I stick to the Cambridge dictionary definition of violence because in England it is the English language which applies until someone come with a statutory definition of violence or another definition of violence from a previous housing case.

                  Housing officers can share information and have access to legal advice..etc but they have to deal with several cases and as a consequence they have limited time to deal with each of them.

                  The council may provide translation service and pre-printed leaflets in other languages but the fact that someone does not speak proper English means that he could not be able to do search in the Internet and found the Cambridge definition of violence like I did
                  Good luck with it, my last post on the matter.

                  Comment


                  • #39
                    Oh dear!
                    https://legalbeagles.info/forums/for...w-and-case-law

                    Comment


                    • #40
                      Thread closed.

                      Comment

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