Harrasment from LL, Dep. not protected, No gas safety Cert.

[Limo2005]

Deposits : FAILURE TO COMPLY WITH INITIAL REQUIREMENTS:

 

The proceedure states that one should write to the LL and state your Intentions of taking legal action if the deposit is not returned or deposited into a scheme.

 

The problem seems to be if the LL reacts and protects the deposit before any court hearing, then the court cannot make an order as LL as complied. Yes he has failed to comply within 14 days.

 

Maybe I should rob a bank and then just before I go to court, pay the money back and all will be ok!

 

My LL is a nasty piece of work and I am constantly being harrased by him and HIS FAMILY because we were late by one month through no fault of my own. Police are involved.

 

I want to sue him for £4500 which is 3 x my deposit. A fair sum as you would agreed and a steep "Fine". but as soon as I send him a letter, he will protect the deposit and "Get away with it", which is exactly what he did after I complained to police about the harrasment a week earlier.

 

There need to be some change here and the compensation should be awarded if the LL has not complied FULL STOP! Maybe in my case it will teach the Dodgy landlord a lesson and get him to comply with leglislation.

Any advice as to what would be a Reasonable course of action?

 

My Landlord has no regard for the Law or Legal requirements regarding letting a Private Property. My Landlord does not value my privacy or indeed have any problems about renting a Nice two bed house to me, My wife and my 1 yr old and 8 week old daughters were the gas equipment has not has a safety check AND there is no certificate.

 

We are talking about young Lives here. He has no issue about renting the Property with a Wasps nest in the brickwork. Has not bother to protect my deposit and has harrasssed me and my family for the last 8 weeks. He has atempted an illegal eviction already and dispite being advised by Police, He still proceeded to instruct his wife and mother in law to call upon me and ask if I was vacating the property by this saturday (5 days notice), He also failed to inform us that the property has other tenants; Rats!

 

I have sent the letter as you are right, it gives him an opportunity to "Protect it". But he has already failed to comply with his legal obligations and being Close Protection officer do not believe for one minute that I should "send a letter to a Bank robber to advise him to pay it back or face a fine!" An offence has been commited and that should be dealt with by way of the courts. However, from what i understand, if the Judge cannot make an order then the compensation cannot be claimed! This is just NOT ACCEPTABLE!

 

Actually just got off the phone to the Police officer dealing with my case. The LL has recieved an Official Harrasment warning and has been advised accordingly about his action by Police.

 

 

lost my job in May 2009 as the Operations Manager and only receiving a quarter of my monthly salary put an imense strain on our financial position as a family. I have ALWAYS paid two weeks in earlier that the due date for rent and I still maintained the rental payment for June 2009 again paying two weeks early. I also notified My LL of my circumstances.

 

I allowed myself two weeks "Break" in order to search for new employment since the end of May 2009 until the 12 of June 2009 where I began the process of Making a claim for Jobseekers, etc for the first time in my life.

 

The Issue has been a serious delay with Housing Benefit AND Jobseekers which is a separate issue. To date the Housing Benefit has not been processed despite ALL requested imformation being produced twice. I have Been to the HB section twice or three times a week and today I have finnaly been told that I can expect a payment on or around the 7th of sept 2009.

 

Just to add that I have been in regular contact with my LL via txt, telephone emails and meetings and have done everything possible within my capacity to ensure a speedy resolution.

 

My LL did make several attempts at an illegal eviction and those attempts have been either witnessed or recorded. The Police have been notified.

 

The LL has also Issued a Notice seeking possession on the 21st of august 2009 and on the same date did secure my deposit with the DPS, after receiving My letter of intended legal action. My tenacy commenced on the 15th JANUARY 2009.

 

I have resolved the issue with the "rats" which the former tenants were experiencing also and have given me a statement to that effect.

 

I am at present taking legal advice regarding "No gas safety certification" for the property.

 

I think i have demonstrated in every way possible that I have been very responsible and would ask members to consider the possibility that my LL has very little regard to the Law and his obligations. This have been proven time and time again.

 

It is my intention to pursue my claim in the county court as I have been advised to by two separate organisations.

 

This is the latest communication I have received from LL:

 

Subject: Your deposit| Your deposit is already in a seperate deposit scheme. Email me if youd like the specific details. You can have them - no problem! The eviction notices remain valid and will be seen through. Free tip for the day - If you can afford solicitors to follow through on your crazy ideas (which evidently you cant) I wont bother you further as its in the hands of my solicitor. Enjoy the peace..

The Deposit Protection Scheme comfirms that the deposit was PROTECTED on the 21st Aug 2009. A whole day before this txt message was sent. The Tenancy commenced 15th Jan 2009.

 

I have just discovered that my LL is using a Middle name on the tenancy agreement But yet the deposit was Protected using his first name. I smell a rat (Pardon the pun also).

 

I received a letter of intended action seeking possesion based on S8, 10 & 11.

 

On the 26th of August 2009 I was contacted by Housing benefit who informed me that first payment would be made on the 7th Sept 2009. I immediately informed the LL vis email, post and a Txt message of the same and gave them the contact details of the person dealing with my claim for further information.

 

As this will reduce the arrears below two Months, My LL has gone for a new tactic. He is now aware that he will not succeed with S.8 so I asume he is looking at a discressionary reason for eviction. Hence a property visit!

 

Today 03 Sept 2009, dispite being given words of advice previously by the council and the Police. The LL sent his wife again at 17:45 today and was insisting that she comes in to inspect the property. My partner opened the door to her as I was putting baby to sleep. She was insisting that she came inside and my partner refused to allow entry stating NO prior warning was given for a Property Inspection was received. LL's wife states that the notice was given by text message. (I do not believe this for one minute as the LL has demonstrated on every occasion that all Communications are to be in writing and we have received correspondence from them previously vis email and hand delivered.)

 

 

She then said that she wanted to discuss the arrears with my partner on the doorstep and my partner informed her that she did not wish to discuss any of her partners business on the doorstep under any circumstances.

 

The LL's wife then complained about the weeds coming through the cracks in the front patio stating its not very nice for the neighbours. ( Although no neighbour has made a complaint).

 

My understanding is that the Notice of a property inspection should be made no less than 24 hours and In writing. From what I understand it should also be acceptable and convenient.

A minute after LL's wife left I contacted the Police and whilst I was on the phone, the LL was ringing my Mobile phone. Half an hour later we got a Hand delivered letter through the door at 19:30 and this is the contents therein:

 

Thursday, 03 September 2009

[/color]

]

Thursday, 03 September 2009

Re:

PROPERTY INSPECTION /

RENT

ARREARS

– LETTER 7

Delivered by email to

****************

.com

,

*****************

.co.uk

,

*************.co.uk

,

***************.co.uk

, and delivered by hand to the property on

Thursday, 03 September 2009

Dear M******,

You received 24 hours notice for a property inspection at the rental address. When I visited the property today your partner claimed that you didn’t receive the notice via text message, and that in addition you were unable to come to the door as you were unwell. After politely requesting if I could enter the property, I was not permitted to enter my house to carry out the inspection.

Here is a

written notice for both you and your partner that we require to do a property inspection tomorrow (Fri

04 Sept 2009

).

If you do not get in touch I can only assume that you are either; not looking after the property and/or there is some sort of suspicious activity that you wish to conceal by denying us access to our house. I would like to remind you that we are legally entitled to access the property after providing you with reasonable notice, and that any potential continuing refusal to permit us entry is a serious breach of your obligations as a tenant.

Should you be so unwell that you cannot communicate your intentions in relation to the property inspection tomorrow, I am fully aware that your partner **** is able to do so.

In addition, your rent of £**** is due on the 15th September as I am sure you are aware. Please indicate to us without delay how you will meet your growing

rental arrears

as we are unaware of any progress relating to your claim for housing benefit. Your current arrears stands at £****.

I would like to point out that any rental arrears will be recovered through the courts, and the eviction process to remove you from the property is proceeding as planned should the rental arrears not be paid.

Regards,

Mrs N*********** ************

 

From: +44786******

Sent: 3 Sep 2009 18:38

Subject: Here is another 24 hrs notice for...

 

Here is another 24 hrs notice for a house inspection and to discuss the rent. You seem to have a communication problem so i will make sure you get this one. Would you like me to knock at the door to give you written notice in person?

 

 

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In response:

It is in my honest opinion the LL has committed a further offence of Harrasment, Despite being advised of the Law, in person AND in writing by the Tanancy Relations Officer AND a Police Officer, by arriving at the property without notice and at the same instance demanding that the RENT ARREARS be discussed with my Partner on our Doorstep. The LL's wife was insistent that she wanted to Inspect the Property THERE AND THEN!

 

You received 24 hours notice for a property inspection at the rental address

.

This is not true and I find it hard to believe that this dodgy couple who have sent me no fewer than 25 Emails, Several Phone conversations and Meetings in person since July about My arrears, would reply on a txt message as "Written Notice".

After politely requesting if I could enter the property, I was not permitted to enter my house to carry out the inspection

There was nothing Polite about the LL's Wife turning up unannounced and Demanding an immediate inspection.

Here is a written notice for both you and your partner that we require to do a property inspection tomorrow (Fri

04 Sept 2009

).

If you do not get in touch I can only assume that you are either; not looking after the property and/or there is some sort of suspicious activity that you wish to conceal by denying us access to our house

 

The Gounds for the Property Inspection is made clear here. I do not wish to communicate with my LL on a one to one basis in person as he has made it clear that he wants us out of the Property and has already attempted an unlawful eveiction. Any conversations in person or over the phone is difficult to record and prove and knowing that LL is taking full advantage. Although my reluctance to allow myself to be place in that position is frustrating my LL as he cant get his "Message" across.

There is also no foundation for LL's assumptions as I live with My partner, a 8 week old baby and a 13 month old baby!

 

I would like to remind you that we are legally entitled to access the property after providing you with reasonable notice, and that any potential continuing refusal to permit us entry is a serious breach of your obligations as a tenant.

 

As they have clearly stated in the "Official Notice" that they WILL attend the property in order to inspect it without my Permission. There are no repairs to be done so there is no urgent need for access to the property.

My Partner and I WILL allow the Property Inspection to take place TOMMORROW but we feel this is an evidence gathering excercise to justify the Notice seeking possesion under a discretionary ground S.10, S11. S.8 will not apply as the rent arrears will be reduced to below two months BEFORE proceeding are commenced (10.09.09).

 

QUESTION: As the time is unreasonable due to family members visiting and that the required notice has not been given or permission from myself or my partner granted:

 

Are we able to say we do not agree to a Property inspection conducted by the LL, his wife or his Mother in law. But would agreed to any other individual to inspect the property on LL behalf?

 

We have no issues with a Property inspection as its in the same condition as it was rented if not better.

 

What we object to is having to endure this course of conduct which is amounting to harrasment by landlord in another attempt to "Convince us to vacate the property". Again what is said in person and on phone calls is reported differently in writing hence why I refuse to communicate this way.

 

The Councils Tenancy Relations office has given the LL a direct Line if there are any issues or if the LL wants an update. Both Council official And Police officer have informed the LL and his agents that Discussing the rent arrears at this stage is a fruitless excercise as it out of my hands and that Once there is an update I will relay that to the LL and not before.

 

This is too much for my partner and I and I am having to see her getting more and more upset and fearful. Even to the point where she wont sit outside anymore with the babies in the garden or even venture to the Local shops through fear of bumping into LL or his wife. It tears me apart as I have to put on a brave face and all I want to is for this nutcase to stop the constant threats and harrasment. It's effecting her real bad as she does not want to be left in the property alone with the Babies and comes with me to meetings with Housing, Police, CAB etc only to sit in the car with the Little ones!

 

Access to the property by the landlord

 

The landlord has the right to 'reasonable' access to carry out repairs for which s/he is responsible, but s/he should always ask for the tenant's permission, and should give at least 24 hours' notice (s11(6) Landlord and Tenant Act 1985). If the landlord wants to enter the property for any other reason, for example, to show round a prospective purchaser, s/he can only do this with the tenant's agreement. The tenant is fully entitled to refuse his/her permission if the date/time is inconvienient. The tenant should not refuse without good grounds, as it may cause a breakdown of relationship with the landlord.

 

The tenant has a right of quiet enjoyment of the tenancy. This means that s/he can occupy the premises without being disturbed by the landlord or her/his agents. Quiet enjoyment is an implied contractual right whether or not it is written into the tenancy agreement.

[Kentish Lass]

LL has NO RIGHT OF ENTRY to your home unless there is a provable emergency such as a gas leak.

 

sorry, but cannot plough through the rest of it.........

[Limo2005]

LL has NO RIGHT OF ENTRY to your home unless there is a provable emergency such as a gas leak.

 

sorry, but cannot plough through the rest of it.........

 

I am grateful for your time and Advice!

 

Limo2005

[kittykat13]

he's not my old landlord is he?! we managed to leave when our tenancy expired, but it was a tough time until then. We thought why pay all this money to live somewhere like that, with a dodgy landlord, when for £12 a week more we have a place that's ten times nicer & safer.

 

we had to complain to environmental health as our LL ignored all our repair requests. But you can't mess around with gas etc. We have a young child too. faulty gas appliances, bad electrics and plumbing. The house became a deathtrap - environmental health can probably take action against your landlord?

best wishes

[Limo2005]

Hey

kittykat13,

 

He may well be your Old Landlord.

 

I contacted Police and they AGAIN they gave him words of Advice. The Police officer said to him, "You have a Solicitor, Why light the touchpaper?"

 

Shortly after, I Received another Email from my LL.

 

Dear *****,

 

My solicitors should have informed you that this evenings house inpection is postponed until the 10th September. As per my solicitors advice I'm arranging with the police to have a Community Support Officer attend on the day (should you still be at the property by that date as per the eviction notice) to ensure the inspection runs without hinderance.

 

I realise you are unwilling to communicate with me directly, but if you would like to arrange a time that is convenient please do find some method of getting in touch.

 

Regards,

****.

 

SERIOUSLY! We have already arranged for Police to Attend to prevent a breach of the peace and He writes that he has requested a PCSO to allow the inspection to go WITHOUT HINDERANCE. This guy is really in the land of Zarb.

 

I have written to his solicitors and ask them to advise LL that there is no eviction notice. The Notice Seeking Possesion cannot be commenced until after 10/09/09 and then he will have to go to court. Again I think this is another attempt at an unlawful eviction. LL must think I am thick.

 

I have also suggested to his Solicitor that it would be wise if LL or LL's Wife did not attend the property, but to send someone who is not rude or arrogant, threatening or abusive and then there will not need for any waste of police resources.

 

All my time is spent dealing with this, making calls, getting advice, and trying to participate in my babies upbringing.

 

I am going to speak again with the Police and see what his thoughts are relating the this latest communication from LL. At this time I want him charged with the offence and failing that, I intend to prosecute him privately.

 

Partner and I are looking for a new place to stay and we have seen a really nice house. We will be a bit wiser this time......

 

 

 

[kittykat13]

I think I will be wiser too, it sounds like you are better off moving and getting out of their clutches. Even if it costs a lot, peace of mind is priceless. Did they get the gas safety cert? if not call environmental health, they take gas safety very seriously. People could rent that house after you.....

Has your council got a tenancy relations officer? they might be able to intervene, sometimes councils offer a bond scheme too if you are on low income

good luck with a finding new home

[Limo2005]

Thank you KittyKat.

 

I can't believe what I got myself into really but I'll make it my mission to ensure that LL does not do this to anyone ever again.

 

The Tenancy Relations officer did get involved and advised accordingly but that advice was ignored. He has now suggested to leave the matter for the police as it seems the list of offences are growing daily.

 

I wake up each morning trying to work out who I call first The Jobcentre to see if they have made a descision on my 12 week old claim, The housing benefit section, Community legal, His solicitor, Potential employers or the national newspapers. I just dont know anymore and you are right, I should get out as soon as! An inspection from E health is due tomorrow.

 

My family, friends and my partners family have heard about the treatment we have endured and they want to be present if he indeed intends to conduct the House inspection in person. In the interest of safety, I think his nominated agent should attend instead and there would be no need for Police to waste there time.

 

If we can raise the deposit somehow, I will move my family out ASAP! No matter what, I am going to ensure that if charges are not brought against him by police, then I WILL whatever it costs, take out a Private prosecution against him.

 

I really want to make sure that the next tenant is treated fairly so I have asked the council to monitor any new agreements.

 

Best wishes

[Limo2005]

Asked my MP to get involved and guess what?

 

Housing Benefit Claim Processed

 

JSA Processed.