Rapist sues landlady from prison

[mikechandler]

http://news.bbc.co.uk/1/hi/england/kent/7605218.st...

You couldn't make it up. What an absolute travesty that this idiot was allowed to sue.

Where will it end eh!

[Frik]

Why?

Isn't the fact that he can one of the basic tenets of the British legal system?

[Scraggles]

He had been arrested for the rape of a 19-year-old woman and was jailed for life at Hove Crown Court in 2007, he disappeared eight months after moving into the flat

What is the landlady supposed to do ? she did not where he was during the 8 months, he could have told her that he was in for life / 8 years on good behaviour. no way he could pay for the flat and she needed to clean it out to get in new tenants

[mikechandler]

Frik said:

Why?
Isn't the fact that he can one of the basic tenets of the British legal system?

Yes but he committed an heinous crime and was serving a jail sentence for said crime. Surely his right to resort to litigation should be removed until he has served his sentence?

[Wings]

I am in a similar position, with my tenant hospitalising another landlord’s tenant, then my tenant being charged with GBH and drug trafficking etc. etc., being released on bail, then smashing my flat up. When the tenant’s case eventually gets to court, he was sentenced to 3 years, that was in April, solicitors, police and tenant’s advice association all advised eviction through the courts, under the accelerated procedure for possession of property. As I said that was in April, and I am still waiting for the court to grant me possession.

Whatever crimes a person/tenant carries out, they still have the protection of the law.

[hussar10a]

Was just about to start this as a topic when I saw you had already done it !

Absolutely made my P155 boil, was shouting so loudly at the telly I almost missed her interview on South Today.

I absolutely cannot believe what I heard. (But sadly am completely unsurprised by it in this day and age)

[james_tigerwoods]

I still don't get why, when a crime is being or has been comitted, the offender has any legal standing - Eg, Burglar breaks into house, falls down stairs because child has left a toy on stairs, burglar sues...

[beanbag]

Frik said:

Why?

Isn't the fact that he can one of the basic tenets of the British legal system?

Can I ask a serious question? Do you have your head jammed in a vice?

FFS!!

[PR350]

Total and utter travesty

Still, on the upside, she will never have to worry about him raping her, did you see the fizzog on it, instant softy

[Swilly]

The fact this guy is in prison for whatever is just the 'twist' the media apply to distort and distract the less enlightened amongst us.

Fact is, as the judge confirmed, that a landlord cant just do what she did.

Whether he is in prison for rape, or for failing to pay a parking ticket or whatever doesnt somehow alter the application of the law.

As i said, the media use the fact that he is in for 'rape' as a twist, something to make you idiots go "thats terrible he should be burned, she shouldnt have to pay a penny, the law shouldnt apply" etc etc

Well done thickos, manipulated outrage wins over clarity of thought... shock horror !!

Edited by Swilly on Tuesday 9th September 10:45

[kambites]

I don't really see the problem. She broke the terms of the rental contract, he sued her, he won. What he has or hasn't committed in the way of other crimes is utterly irrelevant.

The laws regarding rental contracts are thoroughly stacked in favour of the tenant and you could argue that they're unfair, but the fact that this guy is in prison for another crime has nothing to do with it.

[mechsympathy]

Wings said:

I am in a similar position...

Can you not move him out in anticipation of winning the eviction order?

[RacerMDR]

if they had hanged the bstard after the rape he couldn't have sued anyone.

a bit simplistic - but effective

[XJSJohn]

question then .... how was he paying rent?? surely if doing bird then he will not want to pay out of hi sown pocket and i would assume that DSS would not be paying accomodation for someone who is already at her majestys pleasure?

[clonmult]

kambites said:

I don't really see the problem. She broke the terms of the rental contract, he sued her, he won. What he has or hasn't committed in the way of other crimes is utterly irrelevant.

The laws regarding rental contracts are thoroughly stacked in favour of the tenant and you could argue that they're unfair, but the fact that this guy is in prison for another crime has nothing to do with it.

I understand what you're saying, but for the 8 months he disappeared, and then in jail - was he still paying his rent? Surely if he was unable to pay the rent for a given period, the landlady must surely have some rights then?

[Swilly]

clonmult said:

kambites said:

I don't really see the problem. She broke the terms of the rental contract, he sued her, he won. What he has or hasn't committed in the way of other crimes is utterly irrelevant.

The laws regarding rental contracts are thoroughly stacked in favour of the tenant and you could argue that they're unfair, but the fact that this guy is in prison for another crime has nothing to do with it.

I understand what you're saying, but for the 8 months he disappeared, and then in jail - was he still paying his rent? Surely if he was unable to pay the rent for a given period, the landlady must surely have some rights then?

Yes she would have had the rights stated in the contract and in the law.

She didnt apply those rights correctly and hence she lost the case.

[Wings]

clonmult said:

kambites said:

I don't really see the problem. She broke the terms of the rental contract, he sued her, he won. What he has or hasn't committed in the way of other crimes is utterly irrelevant.

The laws regarding rental contracts are thoroughly stacked in favour of the tenant and you could argue that they're unfair, but the fact that this guy is in prison for another crime has nothing to do with it.

I understand what you're saying, but for the 8 months he disappeared, and then in jail - was he still paying his rent? Surely if he was unable to pay the rent for a given period, the landlady must surely have some rights then?

She does, she must serve notice, either a section 21 or section 8 Notice, then serve proceedings through the local courts. ONLY takes between 5-6 months to get repossession of your property.

[Tom_C76]

Wings said:

clonmult said:

kambites said:

I don't really see the problem. She broke the terms of the rental contract, he sued her, he won. What he has or hasn't committed in the way of other crimes is utterly irrelevant.

The laws regarding rental contracts are thoroughly stacked in favour of the tenant and you could argue that they're unfair, but the fact that this guy is in prison for another crime has nothing to do with it.

I understand what you're saying, but for the 8 months he disappeared, and then in jail - was he still paying his rent? Surely if he was unable to pay the rent for a given period, the landlady must surely have some rights then?

She does, she must serve notice, either a section 21 or section 8 Notice, then serve proceedings through the local courts. ONLY takes between 5-6 months to get repossession of your property.

Don't you have to serve the documents to the tenant though? If he was disappeared this could be kind of tricky.

[FUBAR]

Can be served on the tenant at his/her last known address. Best off to employ a 3rd party (a process server?) who will state to the court that the notice was served. Then wait for the court to decide when you can have your property back. Had a tenant laugh at me for 6 months, whilst trying to get an eviction order, every time I asked for his rent.

Whilst the Landlord & Tenant Act is there to protect the good tenants from the scumbag Landlords out there, it's a kick in the balls for the good Landlords trying to get justice against the scumbag tenants.

Edited by FUBAR on Tuesday 9th September 11:38

[Wings]

FUBAR said:

Whilst the Landlord & Tenant Act is there to protect the good tenants from the scumbag Landlords out there, it's a kick in the balls for the good Landlords trying to get justice against the scumbag tenants.

Very much agree.

In the case of the landlady with the convicted rapist, then the landlady could serve the appropriate Notice at HM Prison that he was serving his sentence at. In the case of any other landlord and tenant, then the landlord only needs to make a reasonable attempt to serve the Notice, thereby posting to the last known address, possibly the tenanted address, is acceptable. Once court proceedings are implemented, then the courts in possession proceedings will only use the postal system to serve documents.

Some years ago, with my first BTL, I used a solicitor to obtain possession of a property, where the tenant had stopped paying the rent. That solicitor used a process server to serve legal papers on the tenant, with the process server’s offices being some 25 miles away from my property, arriving mid afternoon to serve papers on a working tenant, that tenant arriving home mid evening. Needless to say both with the distance and time the process server had to wait, neither the solicitor or the process server should have been surprised when I refused to settle the solicitor’s account.