Defamation
I have been having a lot of trouble with my landlady and decided not to renew my 6 month contract.
She initially delivered a hand written one month notice to get out. When she found out this was illegal she got a solicitor friend to issue another (again illegal) alongside a defamation notice as I have apparently been slagging her off when I collected my daughter from school.
Now I, know I complained about the illegal notice but it wasnt a full slagging off by any means and I was never made aware that she had a "friend" at my daughters school, despite living here for well over a year. I would have been more careful otherwise.
Anyway I was advised by a solicitor who specialises in this area of law to write back to the solicitor and refute these allegations so I did.
I received a letter back stating again, his client reserves her right to pursue claims for damages for my "defamatory actions to date" even though I have refuted these.
I wrote back stating again that I have not made any and can he cease making these allegations in his correspondence to me, alongside a request for withdrawal. Or at least let me know of their intent to proceed.
Anyway, I received another letter, this time he doesnt make the allegations but is steadfast that his client "will make no such assurances that no defamatory action will be taken"
I have been advised again that it doesnt look like she is going to proceed with this or she would have done by now but surely it is not right or fair that my landlady can leave this hanging over my head like this.
There are a couple of other issues that are borderline harassment (but not quite enough) and I really get the feeling she wants me out pronto.
Can anyone advise me on this defamation thing though? can she just leave it as a threat hanging over me like this?
Defamation is a very hot
Defamation is a very hot topic at the moment and will be the subject of a post on "general chat" shortly.
It is very expensive to pursue and even more so to defend.
Most people cannot venture into this area of the law unless they are footballers,so-called "celebrities" or powerful organisations.
From what you have said I do not think there is any possibilty that an action will be launched against you.
I believe the landlady and her solicitor are simply trying to frighten you. Unfortunately you cannot make them retract their threat without the issue by you of a full blown action. I would not advise that.
Your best approach is to put the threats to the back of your mind because as I say I do not think for one moment any action will be taken.
I accept this may be difficult to understand but if you have made up your mind to leave you should do so. You need then have nothing more to do with these people ever again.
By the way I assume you are a fan of the Foo Fighters.
It is good to see people with great taste joining the forum.
icox@s-law.co.uk
I agree entirely with Ian and
I agree entirely with Ian and I would just let this one lie. I recall a number of instances where well known people have sued for defamation only for it to back fire spectacularly. The case of a previously famous Eastenders actress still makes me smile. Had she kept her mouth shut then the public would have been none the wiser. I would simply leave the property and find a better landlord.
Many thanks to you both for
Many thanks to you both for your replies.
I am satisfied she wont be pursuing this and to be fair, I probably didnt expect a retraction as she would then be leaving herself open for a counter claim (not that I can afford it LOL)
Can I ask, however, with her leaving this threat hanging over my head is it any form of harassment? Fortunately I did an awful lot of reading about this but I can imagine another person (my mother for example) could be quite stressed out by it. On top of the illegal attempts at eviction and trespass already comitted by her.
Anyway, I look forward to reading more about this on general discussion and yes I love the Foo Fighters :-)
Best regards and thanks again
Harassment is now governed by
Harassment is now governed by the Protection from Harassment Act 1997.
A person must pursue a course of conduct which amounts to harassment when that person knows or ought to know that the conduct will amount to harassment.
A victim has to suffer alarm or distress as a consequence. This will of course vary according to character.
If successful a victim can obtain an injunction to prevent further harassment.
In your case I am sorry to say that I do not think that the service of two erroneous notices would amout to harassment. It simply exposes the incompetence of those serving them.
In theory a solicitor could be guilty of harassment if he unreasonably sent letter after letter and the other criteria as stated above are fulfilled. However I do not think that is the case here.
If you need further help please let the forum know.