Threats from landlord to forcefully evict tomorrow Sunday 8-june-08

[daz1034]

Hi

 

just to make it easy for people to understand the property i rent is a 3 storey town house i rent the entire property the house is set out so we live on the top floor bed rooms on the middle and hallway and so on on the ground floor.

 

I rent a property i had a 6 month short hold tenancy which ended 2 months ago so it is know rolling over month by month.

 

On monday the landlord entered the property with out any notice when i asked him why he said he wanted to have a look at the place and began to pick faults like the bath room was messy ( a towel and some socks were on the floor )

 

He then went on to pick even more faults with things such as the dinning room being messy paper work over table an so on basics it dose not look much like a dinning room ( i work from home and use it as a office which i told him i would do when i moved in ).

 

He then opened a storage cupboard and gasped at it being a mess. All in all just being very picky and really nothing to do with hi a his property is in good order.

 

He then went on to say that he wanted me out asap which is not a problem he took his check and left. Th next day he came round and started asking about paints that where on the walls when we moved in and when will we be moving and just being rude.

 

After chatting to a friend i decided to cancel the check the main reason for this is because my deposit is not protected like it should of been and with the landlords actions i did not feel happy to trust him with returning it.

 

I contacted shelter who told me that i should not of cancelled the check but they all so said the landlord would be silly to prosecute as he is in the wrong about the deposit.

 

And basialy said that he can not just change the locks when am out.

 

I have arranged to move to a new property at the end of the month.

 

But to day the landlord came round about the rent not being paid and said if i don't pay him by today he will come back on Sunday and focusable remove me and barricaded the door. He says he dose not have to protect me deposit and when i said you can not just evict me he said he can and will in a some what menacing manner.

 

I called shelter to ask what i should and was told that he can not legal do it but if he dose do it there is little i can do to get back in to the property and that the police would be unwilling to get involved.

 

which is way i am posting here to see what people suggest i do.

 

Am i best to change the lock tonight that way if he brakes in to the property it is a criminal offence which the police will have to act on.

 

I don't want to make it all worries and it get out of control but i all so dont want to be homeless for 2 weeks.

 

My rent has never been late i am a good tenant never had any problems in the past i pay £640 a month rent but am starting to worry i may of rented of the wrong kinda of guy.

 

Sorry it is such a long post but i was unsure as to what is impotent info and what i not. any help or advice would be great.

 

Many Thanks

[MrShed]

Have you ever received in writing any kind of eviction notice?

 

Lets be quite clear. What he is doing is a criminal offence of unlawful eviction. Call the police and dont be fobbed off. Did he say what time he would be calling tomorrow?

[daz1034]

No we have no notice to quit.

 

He has not said a time he will be round.

 

I have called the police who have made a note but it did not give me much confidence as the operator said if it is his property then he can do what he wants pretty much. I know this is not the case but it dose tie in with what shelter told me about a lot of the police not having a clue about the law and being very unwilling to step in to help.

[MrShed]

Your problem is that this kind of legal breach is usually dealt with at the council by a housing officer. However, it is obviously going to be too late, as you will not be able to speak to them until Monday.

 

Currently, I think the only thing you can do is perhaps go to the police station and teach them to suck eggs. Tell them that you have had threats against you which means that you currently have been a)harrassed, b) attempted unlawfully evicted(by the way, the attempt classes as breaking the law, whether successful or not) and c) threatened assault(as he has said he will forcibly remove you, and he has no right to touch you). Inform them that although he is the owner, you have legal possession, and will continue to do so until the owner has a court order stating otherwise. With all this in mind, you would ask that when you call them when he appears tomorrow, they respond quickly to prevent any assault or successful unlawful eviction. State that although you would usually speak to the council housing officer, the timescales involved prohibits this and as such they are the only other body with the authority to prevent him doing this. DO NOT BE FOBBED OFF BY THEM.

 

Also....CHANGE THE LOCKS.

[MrShed]

Following on from whatever happens tomorrow, lets be under no illusions that especially if he is successful for whatever reason, you will have a SUBSTANTIAL (and by past cases, I do mean substantial) claim for punitive damages. Also, the landlord could well find himself imprisoned. I think it is important to stress, that although the police do not seem to be on your side, the law itself very much is, and there WILL be ways to proceed.

[MrShed]

Also, which area do you live in?

 

Worth reading this: http://www.communities.gov.uk/documents/housing/pdf/138298.pdf

 

Although I dont usually advocate this, do you have any groups of friends who can come and have a "BBQ" tomorrow by any chance?

Edited June 7, 2008 by MrShed

[daz1034]

Hi

 

Thanks for the info i live in Chester.

 

I am looking at what lock it is and going to phone a locks smith in a bit to change the barrel which from what i read is the best way to do it as it dose not involve any extra holes being drilled in the door.

 

My main worry is being right and homeless i have money for b&b but i work from home and every think i need is here the value of my equipment is high but all so with out it i can not work. So my main aim is to stay here until my new place is ready or at least until i can get my stuff moved to a friends safely.

 

You advice is very help full and after the locks are changed i will pop down to the police station and try to get some thing sorted if i print out the info about the law and take it with me hopefully i can as you say teach them to suck eggs be for need them to do it

 

Many thanks

[MrShed]

Print out the document I have linked above - it actually states what the police should do.

 

However, in the interests of being careful, I would strongly advise a) to move as much out to a friends tonight as possible and b) to not be alone in the property tomorrow, again if possible.

[jokerdisco]

Hi Daz1034,

 

Sounds like you are having a wee bit of a problem with your delightful landlord. I am a Homeless Officer for a local authority in Scotland, but have also worked in the same role in England.

 

It's sounds like you have an assured shorthold tenant because you rent privately and your landlord lives elsewhere. If this is the case, you have the right to be safe in your home. One of your rights is to live in your home peacefully and it's unlawful for the landlord to harass you or try to evict you illegally.

 

You also have protection under law because it is an offence to harass or illegally evict you. If your landlord asking you to leave and you don't want to it's really important you seek further advice from a service such as a local Housing Aid Centre or your local Citizens Advice Bureau (CAB).

 

If you are being harassed or threatened with illegal eviction there are practical steps that you could take, such as:

Keeping a diary, notes and photographs detailing all events that take place;

Reporting events to the council, police, an advice centre or a solicitor;

Asking the landlord to put all communications in writing;

Writing to the landlord saying that if the harassment continues you may be forced to take legal action. Keep a copy of your letter;

Have somebody else with you for support and as a witness whenever you have dealings with your landlord;

Getting together with other people who live in the house and working with them if they're being threatened or harassed too.

 

In an emergency, for example if you have actually been evicted or where violence has been threatened, call the police. Also, call the person who deals with harassment and illegal eviction at the council (sometimes called a tenancy relations officer).

 

You have protection under a certain act. Unfortunatly im not sure of the english act , but the Scottish act is the Land Registration (Scotland) Act 1979. I think its the Protection from eviction act 1970 something.

 

If you have to involve the police, I would be quoting this act. That should get them moving.

 

I have dealings with landlord most of my working day and i would say that 80% of them have no clue what to do at any point during the tenancy.

 

It gives me great joy in telling them exactly where they go wrong, and watching them try and squirm their way out.

[daz1034]

HI

 

Thanks for all the great help and advice i have got on this forum.

 

An update to my problem is i had a lock smith change the lock last night.

 

I did not want to do this as i did not want to make this matter escalate but felt i had no choice with him saying what he did yesterday.

 

So far he has not been round and its starting to get on so all looks good. It would seem he came to his senses or looked on line like i did.

 

It is a very strange situation that i hope i never find my self in again. It is such a shame as i can and am sure he can see that if we continue to go down this path no good can come of it for any of us.

 

Hopefully on monday i can get the council on to it and they can act as the moderator as it just seems stupid for this to end in court or police as we d agree on the main point he dose not want me here and i don't want t be hear.

 

I wish i could just get it across to him that i have no intention or ripping him off or making him be out of pocket but at the same time i dont feel i can trust my future housing arangmants to him. I try to see it from both sides and can understand his concern i just wish he could see it from mine and we could meet in the middle and end are dealings in a civil manner that we both are happy with.

 

Any ways hopefully we can sort it all out once every where opens on monday.

 

Once again thanks for all your help and i will post back with an update hopefully saying all sorted.

 

Thanks

darren

[MrShed]

Good luck Darren!!

[woodstock1st]

hiya, it would be great if you could give us an update. a collegue was telling me today of similar problems that you had and i said i would have a browse on here to see if there was any help i could find. ironically she lives in chester also

!

[daz1034]

Hi

 

Well after him cutting are water of then us putting it on again then him putting it off and so on.

 

And after he made a few more threats it be came clear that the threats where just that and would not come to any think.

 

We came to a deal with the landlord where we give him £250 as a deposit and we move out at the end of the month ( which we planed to do any way )

 

and if all is in order we get the £250 back but i am expecting to get £100 to £150 back which is fine as one of the walls will need touching up.

 

So yes all is well bit of a headache i think the landlord is a bit old school as he did not think he was doing any think wrong even when it was all sorted he thinks there is nothing wrong with cutting peoples water off.

 

Which is scary as he owners a number of buildings.

 

But thanks for all your help it was very useful and help me sort this problem out. The main thing it help me with was knowing for sure he could not do what he said he could which was the main thing that help me sort it out.

 

So THANK YOU

 

dazxxx

[gni03349]

You should still report his behaviour... they will note it, and you would be helping any future tenants of his (if he gets any more!!!).

 

Glad to see your situation seems to be sorted out though.

[Zamzara]

Personally I wouldn't call being blackmailed out of £250 'sorting it out'.

 

Here's a question: does he now have to pay that money into a deposit scheme?