Me2212

You need to contact you local councillors http://local.direct.gov.uk/LDGRedirect/index.jsp?LGSL=358&

Protection from Eviction Act 1977

Gives local councils in England & Wales the power to prosecute private landlords for illegal eviction and harassment http://www.legislation.gov.uk/ukpga/1977/43/section/6

Don't let the local council fob you off, if they do contact your MP http://www.parliament.uk/mps-lords-and-offices/mps/

Part I Unlawful Eviction and Harassment

http://www.legislation.gov.uk/ukpga/1977/43?view=extent

Criminal law

Part 1 (3A) (a)

Civil Law

Part 1 (3C) (5)

(4) A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both at the Magistrates court.

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both at the Crown Court.

-----------------------------------------------------------------------------

Civil action via a Solicitor

1988 Housing act http://www.legislation.gov.uk/ukpga/1988/50/part/I/chapter/IV

Protection from Eviction 27 -33 Damages for unlawful eviction.

Slimmer laws apply in Scotland and Northern Ireland....

Hmm, so okay he really wanted us to leave because he wants to sell the property (and I've no idea about how long is left on the lease). I've managed to 'swing' it so we are still here however my concern is how someone can so easily with little effort decide to issue an eviction notice and 'kick you out' (as it were?). My question is broadly on advice as to where I stand in this type of case. Can someone just at a whim evict people for example?

If the LL gets the notice correct, deposit protect in the correct way, court case then Bailiffs can lawfully remove tenant from the property ....

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

It is a Criminal offence for a LL to carry out a eviction.

Yes' date=' I'm concerned that this will happen again and if it does what to do about it.[/quote']

 

Concerned about what or what to do about what !

TheCuriousGeorge http://forums.moneysavingexpert.com/showthread.php?t=5300083&highlight=

I think my landlord or someone else may have entered my property without my permission and this has made me feel very uncomfortable. Obviously at this present time it's just a suspicion.

 

I think this because I have a coin meter for my electric, it doesn't seem to read the amount of coins entered well but it says not to exceed 80 coins.

 

I have been in this property over 7 months and at a guess I have probably put in 150-200 coins and it doesn't sound anywhere near full, leading me to think someone might have let themselves in without my permission to empty it and I don't know how many times they have done this if it is the case.

 

I have emailed my Landlord to ask what the procedure is with the meter and that it's never been emptied since I have been here (to my knowledge) It will be interesting to see his response.

 

What also concerned me a little was on Monday I heard 2 people talking and they were knocking on the door of the flat that's right next to me and the lady wasn't in, they let themselves in, after that they knocked on my door and I said just a minute as I had just got out of the shower and they said oh sorry wrong door, I found this very odd too.

 

If people acting on behalf of the Landlord or my Landlord have been in here without my prior consent and without giving the required 24 hours notice, I feel it would make it untenable for me to stay here as not only is it a breach of tenancy but I would feel it's a breach of trust and a lack of respect, nevermind not obeying the rules of the tenancy.

 

Thanks for reading.

I think my landlord or someone else may have entered my property without my permission and this has made me feel very uncomfortable. Obviously at this present time it's just a suspicion.

 

I think this because I have a coin meter for my electric, it doesn't seem to read the amount of coins entered well but it says not to exceed 80 coins.

 

I have been in this property over 7 months and at a guess I have probably put 200-250 coins and it doesn't sound anywhere near full, leading me to think the Landlord has let themselves in without my permission to empty it and I don't know how many times they have done this if it is the case.

 

The Landlord has never asked or come round to empty the meter and it only holds 80 coins, It's an electric coin meter, I don't have Gas, I was using at least £40 a month when I first moved in due to the electric heaters, now it's £24-£28 per month.

 

I did wonder why it's never been emptied and after what happened a week Monday ago started the alarm bells ringing and what's been going on.

 

What also concerned me a little was on Monday I heard 2 people talking and they were knocking on the door of the flat that's right next to me and the lady wasn't in, they let themselves in, after that they knocked on my door and I said just a minute as I had just got out of the shower and they said oh sorry wrong door, I found this very odd too.

 

The girl in the flat next door had some earrings that she believe have been taken, I had some paperwork go missing out of a folder, weird I know.

 

If the has been in here without my prior consent and without giving the required 24 hours notice, I feel it would make it untenable for me to stay here as not only is it a breach of tenancy but I would feel it's a breach of trust and a lack of respect, nevermind not obeying the rules of the tenancy.

 

I've reported it to the police twice and the Landlord started harassing me via email and coming round and knocking without notice or permission so I went back to the police who had a word with him.

 

The Landlord never showed any alarm or concern regarding what's been happening, I was informed he was outside my property on Friday night too and I believe he may have been in on Sunday.

 

Last Friday he finally offered to changed the locks, he changed mine and the flat next doors lock, however I was informed by the police to change it and not give him a key which I did on Sunday but I believe he was in here when I was out getting the lock on Sunday.

 

My flat has two locks and when you see what the Landlord has been saying in his emails, you decide what's going on and give me an opinion, he's been emailing and seems very keen to get to the meter although i've got the police to warn him off now so I don't think he'll ask again but it's more or less empty as you can tell via the noise it makes when the coins are put in.

 

Also, he only starting showing concern in an email this morning after I informed him that I had reported him to the police for harassment.

 

In emails he has been saying:-

 

"If you read my previous e-mail it states that I will ask your permission to enter the flat should I need to

The reason I did not give you a key for the other lock is that it restricts a quick exit should there be a fire.

 

"If the security to your flat has been compromised I will change the lock"

 

I will contact you next week about emptying the meter I normally empty the coin box which has a lock on it at random times .

As for the security the locks have been changed in the past to deter any previous tenants, do you use both locks on the door ?

 

In his email today he stated:

 

"I apologise for not getting back to you sooner only my e-mail has not been working

 

I am sorry we seem to be having confrontation over access to your flat as I have told you I have not gained entry with out your permission

I have not emptied the meter box since you moved in.

I am concerned you feel somebody has been in your flat and that is why I changed the lock I also tried to find a key for the additional lock on your door and that was what I was doing on Friday evening,I did not go into your flat I simply tried a few keys I had from the out side.

I am also concerned that if people have been in the flats the coin meters have been tampered with and that is why I have checked all of the coin meters apart from yours to see if they have been compromised. (they haven't been )

I have attempted to repair the outside door entry lock but failed I am going around today to try and sort it"

 

What's also come to light is that he hasn't protected my deposit, I have asked him for confirmation, he refuses to answer, I have given him 14 days in writing to either protect it or refund or I will begin Legal Proceedings against him.

 

What I'm wondering now is does his emails admit he's been entering and attempting to gain entry without permission.

 

There's 3 flats in this building and the main building front door lock has never worked, I pointed this out when I moved in, on Saturday I gave him a week to do it, he reckoned he'd done it today but it's still not working.

 

His story about the other lock on my door doesn't add up if you look at his email, he was saying this building has to be certified and that's why he can't give me a key for that lock and why I can't have a deadlock on my door as I only have a basic night latch lock.

 

What do you think? This is all very odd.

Very slimmer Story here by CuriousGeorge1893 http://www.landlordzone.co.uk/forums/showthread.php?69520-Believe-Landlord-has-been-in-several-times-and-without-permission !

I hope All of you are backing up your PC, before you install W10

Just in case !

cookiemonster.

Out of interest how many pounds coins do you put in this meter a week or day approximate, around this time of the year ....

Seems weird that he doesn't have them changed and would rather keep collecting the coins instead. Must be an incentive there for him!!

Yes, It's called Profit making/Ripping the tenant off !

Hi,

 

1. I have a coin meter which is for the electric, I don't have any Gas, he obviously pays them, I've never had any details about this or who the supplier is and he obviously has full control of that, it's in his name, maybe he keeps the coin meters in these flats as an excuse to keep letting himself in? That's an opinion because they are ancient these coin meters.

 

2. I will ask him for details about this too, if he doesn't provide details what would be my next step? Considering i've never had confirmation and as I'm beginning to suspect he's very dodgy, I don't think he has protected my deposit, but that's just my opinion, we will soon find out.

A few questions.

 

1. As a tenant you have the right to change electric and gas supplier which would hopefully mean the installation of a modern meter system

2. You should now in writing request details regarding the scheme the LL has protected the deposit in and the details such as when it was protected in.

Incorrect.

The LL is re selling electric via coin operated meter's belonging to him (see post #49 ) and the main meter utilities supplier in LL name.

This will be covered by resale of gas and electricity ofgem https://www.ofgem.gov.uk/ofgem-publications/74486/11782-resaleupdateoct05.pdf

LL cannot charge more than the price he pays at the main utilities supplier meter, In other words LL cannot profit from resale of gas and electricity to a tenant.

If it was a normal meter fitted by utilities supplier, then a tenant can switch suppliers to find the cheapest deal...

Have you reported the theft yet to the Police !

I have discovered that some important paperwork has been taken from my folder. Soke important medical letters, solicitors letters and my tenancy agreement are all missing so someone has definitely been in.

 

I emailed the landlord and informed him of this and asked whether he or anyone acting on his behalf has been into my flat. Unusually he didn't reply so that is worrying.

 

I'm very concerned about all this now, I will be speaking to the other flat tenant about people entering her flat too as it's very odd how they had a key to enter her flat and would no doubt have entered mine if I didn't respond when they knocked.

Then it's theft of your personal belonging.

Report it to the Police

I think this post by "Jethro" here http://www.grumpieroldmen.co.uk/forum/phpBB3/viewtopic.php?f=3&t=32780#p526094 sums it all up.

Thats it! I give up, I am officially leaving this forum.... ^__^

Where will you go

Send us a postcard:whoo:

Don't Go

http://www.grumpieroldmen.co.uk/forum/phpBB3/viewtopic.php?f=3&t=32780#p526089

I shall be claiming for three hours of my time at the court approved rate of £18 an hour, travel costs and parking, and court fees, about £90. A sum which Biggles will no doubt dismiss as peanuts.

 

How much !

For Reference

http://www.grumpieroldmen.co.uk/forum/phpBB3/viewtopic.php?f=3&t=32780

Love the name of the forum :lol::lol:

Good heavens. Now we know where the 3 hours researching for another window fixer went. Posting the same thing all over the net.

 

I think you should put that link on MSE as well.

Already done

For reference

http://webcache.googleusercontent.com/search?btnG=Search&q=cache%3Ahttps%3A%2F%2Fwww.trustpilot.com%2Freview%2Fwww.able-group.co.uk

Lousy Service, possible Breach of Contract?

 

I phoned them and asked them if they could repair a tilt and turn window in a rental property They said that they could and quoted three prices (depending on what work needed to be done) which I agreed and furnished my credit card details.

 

An appointment was made for a few days later. On the morning of the appointment the engineer telephoned me and when leaning it is a tilt and turn, said he could not do it.

 

 

I complained to the company and Mr R**** sent me, (to the wrong address), an insulting reply saying they are not charging me and offering 15% discount on future work (as if).

 

I have asked for reasonable compensation and if I do not get it will take them to court. A complete bunch of cowboys.

 

I see that the company have complained to Trust Pilot about my naming one of their employee sin a scathing review. I have therefore removed his name. It is a pity that Able Group have not dealt with the problem rather than their petty attempts to have it removed.

You cannot claim for the day you may have had to take off work

They gave you a refund

 

They did not, they did not charge

 

You are now back in the same position you were in before you called them so no loss whatsoever.

 

No I am not. I cancelled all appointments for that morning and it took me several hours on the internet to find a company willing to undertake the work. As a professional landlord, time is money.

 

Please do not reply to posts unless you have fully understood them.

Agree... Dont be unreasonable here. There (sic) only responsibility is to refund you should they be unable to complete their work...

 

I am not sure that that is correct under contract law, a verbal contract was agreed, they breached it, causing me to find another company.

Please understand that I am only giving you the same information you would get elsewhere. If you doubt this, call Citizens advice.

 

The CAB is the last place anyone should go for advice. Some of the advice they have given to people ticketed by private parking companies is horrendous.

 

You chose to spend that amount of time researching. Nobody forced you to.

 

I did not choose to, it was forced on me by my legal obligation to my tenant under the AST to maintain the property in good order.

Which is not the fault or liability of the company.

 

No-one is saying it is.

 

My thrust is that an agreement was made on a business to business basis and one side failed to perform. Whether a Judge will agree that there is a breach, I do not know, SCCs are always a lottery, but if he/she does then I shall claim liquidated damages for three hours at the court agreed rate of £18 an hour, my travel costs , and court fees.

A liquidated damages claim must be supported by a negotiated liquidated damages clause

 

Are you sure about that? What about private parking invoices? Have you ever visited peppipoo?

2) The PPC's will argue (if they are arguing a contract, not just a license) that it was negotiated

 

I am unaware of any case where that argument has been deployed. They are usually trounced By UTCCC Regs anyway.

 

This was, if it was a contract, a verbal contract, no T&C, no damages clauses, nothing. Are you saying that no such agreement has any validity? I was damaged by the incompetence of this company, are you saying that that is OK?

 

http://thelawdictionary.org/article/is-a-verbal-agreement-legally-binding/

I am claiming general damages of £40, (but would settle for £20) It is not the money, it is the game.

For Reference

http://forums.moneysavingexpert.com/showthread.php?t=5295134

hi found out today that the police helped the landlord partner commit a criminal offence they kept saying it was a civil matter but infact it was a criminal act as not only did the landlord partner have no rights to be there but he broke in and and the police done nothing and helped him to perform a illegal eviction.

 

We seeked some advice today from a friend who is a solicitor and the police can be taken to court and payout compensation and so will the landlord aswell everything was illegal i.ve got all the information to take to shelter tomorrow what police have done wrong we was told shelter looks down on illegal evictions and will also help take this to court she should be entitled to legal aid as it was a criminal act by both police and landlord they also said could be nice payout from police and landlord takes time but we have the evidence and grounds .

 

All she wanted was a legal eviction nothing about a house could of been done until that happened as it wasn.t valid but telling us that police would help her not landlord was total bull. Police didn.t have a clue i knew more than them. But police know i can not remove anyone unless a court order and baliffs

Hello antonia26

Assuming this is in England and Wales (very slimmer laws apply in Scotland and Northern Ireland)

It's is indeed a criminal offence to evict a tenant with out a court order

Protection from Eviction Act 1977

http://www.legislation.gov.uk/ukpga/1977/43

Part I Unlawful Eviction and Harassment

(1) In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.

 

(2) If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.

(4)

 

A person guilty of an offence under this section shall be liable—

 

(a) on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both;

 

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

(b) is at the Crown court.

Plus a tenant can sue a LL for damages via the civil courts http://www.legislation.gov.uk/ukpga/1988/50/part/I/chapter/IV

1988 Housing act, 50, 1, IV, Section 27

(1)

 

This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises

If the OP is saying the police helped with the Illegal Eviction, there is case law on this where police where sued for damages

Naughton v. Whittle and Chief Constable of Greater Manchester Police at Manchester County Court

http://www.landlordlawblog.co.uk/2010/07/21/unlawful-eviction-case-%E2%80%93-the-police-finally-brought-to-account/

antonia26, See a Solicitor ASAP ....

We've lived in this private rented house for almost 4 years now without any issues whatsoever, we look after it and have only ever had cause to contact our landlady - when the shower sprung a leak.

 

When we moved in the rent was £625, it's crept up to £650 and when she told us a couple of months ago that she wants to put it up to £700 a month I told her we'd need to move (I didn't give notice, just an off the cuff comment)...she came around the next day with a reference!!!!

 

Since then, she contacts me perhaps once a month to 'say hello' and always ends her text/email/unscheduled visit with a note asking if we've found anywhere yet. We feel pressured to move out and can't believe this is legal?????????????

Take No notice of her and just carry on with your lives, sounds like she just wants you to move out at no cost to her !

If she does want possession back of your home and you don't want to move out, she the will have to follow correct legal process

Read on

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_shorthold_tenancies

Enjoy the BHW.

From the ONS

http://visual.ons.gov.uk/victory-in-europe-day-how-world-war-ii-changed-the-uk/

https://www.youtube.com/watch?v=L5CqfMjdQ1g

We will remember them.

purple_rain

Where does the Landlord live and do You have a written tenancy agreement ?

Hi everyone,

 

 

I'm hoping someone can give me some advice.

 

 

I've been renting a room in a property for 3 years now and the system that the landlord has put in place is: one person collects the rent and pays him directly. Currently, I am in charge of this. He says I can decide whether I want to rent out one or all of the rooms but the amount of rent for the whole property stays the same regardless. He has also said that I can decide how much rent to charge per room, again rent for the whole property would stay the same whatever I decide. I don't have any written agreement with the landlord, so my first question is, what kind of contract do I have if I have one at all and secondly, am I subletting to the other tenants in the house?

 

 

I would also like to know where I stand in terms of trying to evict one of my flatmates. The landlord has said I can give notice to people as I see fit. However, he is very laid back and I can't see him wanting to get involved in anything too official unless he isn't getting the full amount of rent each month. He has said to me that as long as he gets the rent, I can decide how to run the property but it also makes me feel as though, if I need his support to evict someone, he will leave me to it and I just don't know what rights I have in this instance. How much involvement would I need from the landlord, if I wanted one of my flatmates to leave?

 

 

I hope someone can help me with this because I don't really know where else to go for accurate advice. Many thanks in advance

.

Sounds like a right old dodge set-up to me.

Let the Landlord do his own dirty work and Not you !

I am just trying to get some information to help someone.

 

Couple in their 60's sold their property on one of these sale and rent back schemes. They were told at the time that they could stay in the property for life. What they did not realise at the time was they signed an AST. They have now been issued with a section 21.

 

Now the fun starts.

The current owners have since confirmed in a text that they did say the tenants could stay for life, but then said that circumstances have now changed and they need to sell the property. - does this trump the Sect 21

The tenants have repeatedly requested a copy of the AST but the owners will not supply one. However tenants now found a copy that is not signed by the owners and the tenants signatures have not been witnessed. - is the AST valid

When the tenants sold the property they did not get any legal advice so I assume that the purchasers may have used their own solicitor for everything - possible conflict of interest.

The current owners have a mortgage on the property but I am aware that many BTL lenders do not allow a mortgage where the vendors stay in the property - possible mortgage fraud.

 

Would a SAR to the owners/landlords force them to produce the AST they hold, they are not aware the tenants have found theirs.

 

As usual all advice appreciated.

You can have verbal tenancy agreement, you don't need to sign a AST

Suggest the couple take All paper work/text messages and go to there local CAB or Shelter office ASAP....

https://ico.org.uk/for-the-public/personal-information/