Deposit and Current Landlord

[pearsoncdw]

I have a few issues about an ex-landlord and current landlord.

Ex - I moved in to a flat back in May 2003 and moved out in October 2004. I shared a flat with a lad who was behind in the payment of the rent before I moved in. I alway kept my half the rent up to date. When I moved in to the property I paid my half of the deposit. As my flatmate was still behind with the arrears of the flat when we moved out I never received my half of the deposit back. I did enquire that I wanted the rent to be split and have seperate agrrements of the tennancy but that never happened.

As for the current landlord I have been in a small arrears with the place I have been living in since the beginning of the year. When he noticed that I was getting behind he would decide to visit me without notification and let himself in to the flat in his own accord. I found this to be very inevasive in to my own private life. I am currently paying back the arrears on top of the rent every month.

Where do I stand on both accounts.

[MrShed]

Ex: depends on what kind of tenancy you had. Did you have a joint tenancy with the other lad?

Current: what he is doing is highliy illegal. I would suggest you write to him and inform him that if he enters the property again, you will be forced to change the locks, and deduct the cost of this from the rent. You are entitled to do this.

[pearsoncdw]

Firstly the tennancy we had was joint but I had insisted that it should be seperate but she said no. I was then being penalised for the arrears on the account that were there before I moved in.

As for the other matter, is there any template that I could use to send to him and tell him that he breaking the law?

[MrShed]

No template, but I will type something along the right lines up for you and post it when I get home from work.

Did you SIGN a joint tenancy?

[pearsoncdw]

Thank you that would be good to get a letter drafted out.

As for the tenancy at the old flat I think that it was signed jointly but the landlady did acknowledge the fact that the debt on the rent was not mine

[MrShed]

Acknowledge in writing?

[MrShed]

OK letter as I would have it:

Dear Sir/Madam,

I hereby give you notice, effective immediately, that you are to no longer enter the property(property address here) that I am currently occupying as your tenant. The only situation under which you may enter said property is if given 48 hours notice by yourself in writing, and confirmed EXPLICITLY by myself. Any entry by person or persons acting on your behalf is also forbidden. I am sure that I do not need to inform you that any entry to the property without this permission is illegal and in breach of the contract I have with you, due to my legal right to quiet enjoyment of the property during my tenancy.

Any further breaches of my privacy in this way, and I shall have no option but to:

- Change the locks of both the front and back doors, and deduct the cost of this from my next rental payment. I shall send you the receipt for such an action within 7 days. You will have no legal right to have a copy of the key until I return vacant possession of the property to yourself.

- Report you to the police and the council housing department for the criminal act of harrassment and attempted illegal eviction, both of which can carry large fines and custodial sentences.

- Begin proceedings in civil court for damages relating to your breach of contract, and breach of my rights.

I must stress that anything stated in this letter is not open for negotiation, as they are my legal rights. However, should you wish to discuss anything with myself, I am open to any comments or discussion you may wish to send me in writing.

Yours Sincerely,



Your name

Hope this helps. I am going to add to my usual signature disclaimer here - I am in NO WAY responsible for anything that may arise due to the sending of the letter I have put above, either in it's entirety or partially. You need to realise that putting the relations with your landlord on such a bad footing(albeit absolutely neccessarily IMO) will probably lead to eviction at the end of your fixed term. Sorry, just covering my back!

[MrShed]

With regards your ex landlord. Did ANY of the rent arrears occur whilst you were there? Or was it ALL from when you were not living in the property? Any rent arrears that occurred when you were not in the property was not arrears related to the tenancy when you were present. Therefore, it is not connected to you in any way, and you are not obliged to pay any of that money. However, any rent owed, from yourself or the other party, that was not paid DURING your time there, you are "jointly and severally liable for", which effectively means you owe the ENTIRETY of any rent not paid during this time.