Landlord attacked tenant over rent

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Saturday, June 06, 2009
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This is Bristol

A landlord has been found guilty of attacking a tenant who refused to pay full rent on his water-damaged flat.

Claudio Musso, aged 31, of Friendship Road, Nailsea knocked tenant Gary Boyle to the floor before he and an unidentified man rained kicks on his head and face.

The Italian pleaded not guilty to causing Mr Boyle actual bodily harm on October 9 last year outside his rented flat at Don Johns House, Church Road, St George.

Bristol Magistrates' Court heard that Mr Boyle had refused to pay full rent for his flat because it had been damaged by water whilst he was away on holiday in Egypt.

Robert Allen, prosecuting, said Mr Boyle paid £370 into Musso's bank account instead of the usual monthly rent of £485, saying that he had not been able to live at the property.

Giving evidence Mr Boyle said: "When I got back from my dream holiday Mr Musso rang me to say that my flat may have some water damage because another flat had a leak.

"I opened the door and was knocked back by the smell of damp and mould. The carpets were soggy and there was mould on the ceiling – I was quite horrified.

"I rang Claudio and he told me to use a dehumidifier. I was not able to stay there for about three weeks because of the smell. The dehumidifier was running eight hours a day.

"When the rent day came on October 6 I paid a decreased rate of £370, which I thought was more than fair. He came round and was not happy – he was irate. Because I had to use the dehumidifier so much I used the plug in the hallway. Claudio phoned me and he was ranting and was really angry.

"He said he was coming to come around and sort the problem with me and him and I assumed that he was going to give me notice to quit the flat.

"I waited in for him and then texted him and he rung saying he would not be long. I was just taking the rubbish out when he and another man came round the corner straight through my back door and caught me by surprise.

"I was hit by a sucker punch – I didn't expect to be hit at all. I was then punched in the head again and once in the back I think before I was bundled to the floor.

"When I was on the floor they just rained kicks on me. I put my hands up to protect myself and pleaded with them to stop. The kicks were mostly targeted at my head and face."

Giving evidence Musso admitted that Boyle had been a very good tenant and that he had visited the flat to collect the money but had not assaulted him.

He said: "I was in the car park and noticed that Mr Boyle was red in the face. I asked him if he was ok and he said he had been punched and someone had stolen his money. I told him it was ok and that he should give me a ring when he had the extra money for me.

"Later I had a message from police saying that I had punched a tenant – I thought it was one of my friends playing a joke on me."

Musso said he declined to tell police what had happened as the interviewing officer was a friend of Mr Boyle's and made threats towards him.

Chair of Magistrates George Sargeant told Musso that the bench thought Mr Boyle's evidence was credible and they believed he had declined to answer police questions because he had something to hide.

"As a result of that we have found you guilty," Mr Sargeant said.

Musso will be sentenced on June 26. He was released on unconditional bail.

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3 Comments

  • Profile image for This is Bristol

    by Issy Abal, Hartcliffe

    Sunday, June 07 2009, 7:30PM

    “Wot would you know about paying your way donna, your a charity case!”

  • Profile image for This is Bristol

    by Tinkerbell Lustly, Eastville

    Sunday, June 07 2009, 3:42PM

    “You must be mad to of even botherd to pay 370.00,”

  • Profile image for This is Bristol

    by donna clark, here

    Sunday, June 07 2009, 12:46PM

    “that is bloody never right ...let free uncon bail, ..”

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