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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Thank you for the prompt response. With regard to the question,

This answer was rated:

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.

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 3 years ago.

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





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



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