How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19534
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Property Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

Thank you for the prompt response. With regard to the question,

Resolved Question:

Thank you for the prompt response.

With regard to the question, why doesnt my sister move out, it is purely due to financial reasons, she does not have a regular income. It is a £500,000 property (mortgage free) and my father has £200,000 of assets, it has been a complicated family situation - my father has led a separate life for the past 20years. Would a court expect my sister to move out after a month if she cannot afford to do so, she is planning to move out in around 6 months time.

With regard to the injunction, i have a law degree but property law is not my specialised area, and i would be happy to apply for an injunction to prevent decorating her workspace for 6 months. Please could you let me know what form to use and what law i refer to in this respect.

My sister has been to the police recently in respect of an incident of physical abuse and incidents of harassment, my father has been warned, but there has been subsequent verbal abuse and threatening behaviour.

Thank you for your assistance.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Has the threatening behaviour been physical?
Customer: replied 1 year ago.

No, not physical, his behaviour is intimidating and oppressive.

Expert:  Stuart J replied 1 year ago.




The application for
an injunction is court form N 16 a. The fee is £175 and if it goes to court,
there is a further fee for the hearing of about £200.

Forms are here http://hmctscourtfinder.justice.gov.uk/HMCTS/FormFinder.do



and fees are here http://hmctscourtfinder.justice.gov.uk/HMCTS/FormFinder.do



and here is a bit
about injunctions http://www.ashfords.co.uk/news/guide_to_injunctions#content



I think it most
unlikely that she would get an injunction to prevent decoration for six months.
The application is a difficult one if it goes to court. It could be breach of
covenant for quiet enjoyment or possibly nuisance.



I am going to be
brutally frank with you and tell you that it is not an application that I would
make with any hope of having any chance of long-term success.



She might want to
take a firmer line with the police regarding the harassment issue. She needs to
keep a note of dates and times and incidents in case she ever does end up
having to apply to court for a non-molestation order.



The fact that she
may not have enough income to stay in the property (she is over 18 years of
age, after all) is going to be of little concern to the court.



Indeed, her father
could simply give her notice to get out and she would have little alternative
but to go, subject to the notice I mentioned in previous question



Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19534
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience