HOUSING AND HARASSMENT ISSUES

By [Name]

Course

Professor

School

City and State

Date

From: Trainee

To: Mary Frew

Subject: Housing and Harassment Issues

Date:30^th May 2021

Dear Mary Frew,

After reading through this case, here are my conclusions regarding whether Anna has any claim in tort against the Council’s duty to uphold its statutory duty to investigate concerns, the steps to be taken against John Wilson and Krystina can stop paying rent to Marcel Dupont, given the fact that the HMO is unlicensed.

Review of the Research

Under the Sex Offender Act of 1997, local authorities are responsible for protecting the children by investigating whether a child is living in the sex offenders’ address. In this regard, The Council has the statutory duty to the housing area where the sex offender resides and informs the residents of the risks. In this case, the Council did not act accordingly after Kristyna reported John Wilson’s advances towards her child Anna. Therefore, Anna has the right to pursue a tort claim against the Council for breach of its statutory duty.

Various steps can be taken against John Wilson in respect of his behavior. Kristyna and Anna can report his sexual advances to the police, and he can also be prosecuted as part of CPS Violence Against Women and Girls. Furthermore, Mr. Wilson can be listed in the Sex Offender Registry and be subject to frequent investigation. He can also be prosecuted under the Protection from Harassment Act or the Child Protection Act. Krystina can also choose to file a restraining order backed by the power of arrest against Mr. Wilson.

Given that the HMO is unlicensed, Krystina can stop paying rent to Marcel Dupont and reclaim all the rent paid. In this case, she must apply for a rent repayment order within the year when the HMO is unlicensed. If she has trouble reclaiming the rent paid, Krystina has the right to contact the Council for help with the application. Furthermore, if the flat is unfit for living, the Council could take over its management.

Advise

Given that Krystina has filed multiple reports to the Council regarding Mr. Wilson’s behavior, she can choose to pursue a tort claim against the Council for its failure to respond accordingly. Ideally, the Council has a statutory duty to offer multiple services such as child safeguarding and social care. Thus, Krystina (on behalf of Ann) can choose to pursue a suit against the Council claiming damages for the emotional distress caused by its failure to investigate Mr. Wilson’s (A convicted Sex Offender) actions. The Council has the statutory duty to investigate and keep tabs on all Sex Offenders in a housing area. In failing to address Krystina’s concerns, the Council caused her family emotional damage.

Given Mr. Wilson’s repeated and unwanted advances against Ann, Krystina can report the matter to the nearest police station. Each person has a legal right to be safe in their neighborhood. In this regard, Krystina can file a restraining order against Mr. Wilson. Given that he has a prior record as an offender, she would quickly get a restraining order against him. The restraining order should constitute an arrest order such that if Mr. Wilson approaches or engages with Ann in any way, he should be arrested and convicted. Some of the issues addressed in the order should include not being allowed direct or indirect contact with Ann or Krystina, prohibiting access to Krystina’s building, and staying a specific distance away from Krystina and Ann. Such an order would protect Ann from any unwanted advances from Mr. Wilson.

Since Dupont’s HMO is unlicensed, Krystina should apply for a rent repayment order as soon as possible. Filing this order later would only decrease the amount of the claim. Thus, Krystina should make the application within 12 months after finding out. She should complete the application to the First-Tier Tribunal (FTT). Given that the Council’s investigation already revealed that Dupont does not have an HMO license, Krystina can easily apply for the repayment. If she decides to take this action, her tenancy is still protected, and she cannot be evicted.

In regards to practical steps, I suggest we execute the following:

• Guide Krystina on how to file a restraining order against Mr. Wilson.

• Guide her on how to apply for a rent repayment order to the FTT

• Inform Krystina of her right to pursue a tort claim against the Council for its failure to investigate the claims against John Wilson.

I suggest we encourage Krystina to report John Wilson to the police immediately and file a restraining against him to avoid any sexual assault against Ann. Please reach out if you need any further assistance on the matter.

Kind Regards

Trainee

RESEARCH REPORT

REF:

CLIENT: Krystina and Anna Kuropatwinski

MATTER: Housing and Harassment Issues

DATE: 30^th May 2021

ANALYSIS

Facts and Instructions

The Clients are Krystina and Anna Kuropatwinski. Krystina recently separated from her husband and left with her 14-year-old daughter, Anna Kuropatwinski. Over the last five months, both women have been living at Flat 3, a “house in multiple occupations” (HMO). They have their bedroom and share the flat with five other unrelated individuals. Krystina pays rent of 75 euros per week to her landlord, Marcel Dupont.

Four Months ago, Krystina’s neighbor from a property on the floor above, John Wilson, told Anna that he was a recently released sex offender. However, he claimed that he had no interest in children Anna’s age. Krystina confronted Mr. Wilson about this comment. Nonetheless, Mr. Wilson claimed that he had paid his debt to society. After this incident, Mr. Wilson continuously harassed Anna through intimidating and unsettling sexual comments. After repeatedly warning him to stay away from her child, Mr. Wilson did not listen to Krystina. Thus, Krystina sought the help of Weyford City Council (the Council) about the matter. The Council initiated a statutory investigation regarding the issue to decide whether they could take any action to help safeguard Anna’s Welfare. The investigation revealed that Marcel Dupont ran an unlicensed HMO. Over the last few months, John Wilson has continuously made overtly sexual remarks towards Anna, causing her panic attacks. She was prescribed anxiolytic medication. Krystina has continually consulted the Council about Mr. Wilson’s behavior, asking them to rehouse them. Nonetheless, the Council claims to have passed over the matter to the housing department, searching for alternative accommodation.

I have considered Krystina’s inability to afford another house, her poor credit score, and the urgency of the matter at hand. Furthermore, I have considered how Mr. Wilson’s behavior could affect Anna in the short run and long run. I have also taken into account the fact Marcel Dupont is running an unlicensed HMO and the statutory duties of the Council. I have not formally addressed the fact that Marcel Dupont could be convicted for running an unlicensed HMO.

Legal Issues

This research report addresses the following issues:

1. Whether Anna potentially has any claim in tort against the Council for any failures arising out of its statutory duty to investigate its concerns.

2. What steps should be taken against John Wilson in respect to his behavior?

3. Can Krystina stop paying rent to Marcel Dupont and get back the rent repaid because the HMO is unlicensed.

CONCLUSIONS

Report Into Legal Issue 1

Whether Anna has any claim in tort against the Council for its failure

The statutory functions of local authorities such as the Council include licensing, housing services, children’s safeguarding, and social care, among others. According to the Sex Offenders Act of 1997, the local authorities should investigate the sex offender’s living address to identify whether children live in the area. The offender should be placed under the supervision of a social worker. If the offender poses a risk to the tenants, the Council is responsible for investigating and identifying various ways in which the risk should be addressed. This may require a case involving housing services, social work services, and other relevant bodies.

After considering the potential effects of the offender’s actions, the Council should pursue the best course of action as soon as possible. According to Section 14 of the Sex Offenders Act of 1997, the sex offender order, under Section 20 of the Crime and Disorder Act 1998, should be employed if the offender poses a severe threat, as in Mr. Wilson’s case. In this regard, Weyford’s Council neglected its statutory responsibility in response to Mr. Wilson’s behavior towards Anna Kuropatwinski. Anna can claim that the Council was in breach of their statutory duty under the Sex offender Act in failing to investigate and immediately act in response to Mr. Wilson’s behavior.

Report into Legal Issue 2

What steps should be taken against John Wilson in respect to his behavior?

Section 5 of the Protection from Harassment Act 1997 presents the requirements for restraining orders. Ideally, UK law defines harassment as any action that causes another person alarm or distress. In the case above, Mr. Wilson was outrightly harassing Anna through overtly sexual remarks aimed at intimidating her. As a result, Anna began experiencing panic attacks whenever she was near the flats. Given the fact that Mr. Wilson had previously been convicted of a sex offense, there was clear evidence that Anna needed protection from him. Under Section 5A of the Protection from Harassment Act 1997, the law protects the victim in cases with clear evidence of harassment. According to this section, some cases that may require a restraining order include instances where the defendant and the victim have had a previous relationship. In these cases, the involved parties have an ongoing contact or cases where there is undoubted evidence that the defendant has targeted the victim. In this regard, the victim has the right to seek a non-molestation order from a civil court. This injunction should be preceded by a detailed report at the police station.

In this case, Krystina and Anna have ongoing contact with Mr. Wilson, given that they are neighbours. Furthermore, there is evidence that Mr. Wilson has constantly been harassing Anna through overtly sexual remarks to intimidate her. Therefore, Krystina could file for a restraining order against Mr. Wilson under Section 5A because the section offers protection for victims without any increased costs to the legal aid budget. This section also avoids any delays by providing a seamless process of victim protection.

Report Into Legal Issue 3

Can Krystina stop paying rent to Marcel Dupont and get back the rent repaid because the HMO is unlicensed.

A Rent Repayment Order (RRO) requires the landlord to repay the rent or housing benefit regarding the tenancy if the landlord has committed an offense listed in the legislation. Ideally, the landlord must make the repayment even in cases where he has not been convicted. Under Section 95 of the Housing and Planning Act of 2004, managing an unlicensed property can result in a rent repayment order. Additionally, Section 72 of the same Act requires the landlord to repay the rent or any housing benefits to the tenancy if the landlord manages an unlicensed house in multiple occupations (HMO). In this case, Krystina has the right to file a rent repayment order under sections 72 and 95 of the Housing and Planning Act of 2004. This is because her landlord, Marcel Dupont, is managing an unlicensed HMO. According to the law, the tenant is required to apply an RRO to the First-tier Tribunal.

In this case, there is no ambiguity as to who the landlord is. Marcel Dupont owns the building. Usually, the Housing and Planning Act postulates that a rent repayment order can only be filed if there is clear evidence that the landlord has committed an offense against the legislation. The occupier should apply for rent repayment within twelve months from the date of the offense. In investigating Mr. Wilson’s harassment towards Anna, the Council discovered beyond reasonable doubt that Marcel Dupont was running an unlicensed HMO. In this regard, Krystina had the grounds and the legal evidence required to apply for an RRO.

PRIMARY SOURCES

Sex Offenders Act of 1997

Legislation requiring the notification of information in regards to sex offenders.

s. 7 checking the Child Protection Register to identify whether any children live near the offender’s address.

s.10 local authorities should consider the level of risk associated with the offender.

s. 12 Where the offender poses a risk, the local authorities should find the best possible solutions for those affected.

s.14 The application of the sex offender order under Section 20 of the Crime and Disorder Act of 1998, where the offender poses a severe threat to the public.

Protection from Harassment Act 1997

This bill aims to protect victims from any form of harassment.

s.5A It allows the victim to file a restraining order against a defendant if they need protection from any harassment.

Housing and Planning Act of 2004

This regulation offers guidelines in regards to housing conditions, including regulation of HMOs.

s.72 The landlord must repay the rent to the tenancy if the landlord is managing an unlicensed HMO.

s.95 The landlord is subject to a rent repayment order if the landlord is managing an unlicensed property.

COMMENTARY

I utilized the following commentary to support my research and ensure that it was up to date:

Source

Location/ Reference

Subject Matter

Bowes on A practical approach to planning law.

In Lexis Library

Explores new pieces of the Housing Act of 2004, including the rent repayment order.

Great Britain on Sex Offenders Act 1997

In Lexis Library

Chapter 51: Monitoring released sex offenders

Lawson-Cruttenden, T., and Addison on Blackstone’s Guide to the Protection from Harassment Act 1997

Lexis Online Library

This Act protects all victims from all sources of harassment, including stalking, racial harassment, or anti-social behavior.

TIME TAKEN

Research: 2 hours

Reporting: 2 hours

Email: 30 minutes