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Our landlord has just given us written notice of eviction - because we reported the property to the Environmental Health Officer (he contacted them, too and told them he was going to do it).

 

Whilst I know we can stay & fight, in some ways I'm relieved - we haven't had 'quiet enjoyment' of the property - he tried to work it so that we paid the money he still owed on his electricity via the pre-payment meter (£7 of every £10 we paid in went onto his outstanding bill), lied about the water meter so that we had a bill for almost £100 for 2 weeks, we have rats, it's unsafe and mouldy - and he pocketed the deposit.:eek:

 

It's all very well & good our paying good money to have references taken - but what about dodgy landlords? Why can't prospective tenants have a check done on possible landlords (or letting agents).

 

As it is, totally broke & ill, I'll shortly be homeless with my daughter - whether the council will help (2 bed property - housing benefit £380) I don't know.:confused:

 

Wish me luck, folks and watch your back.

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My advice is don't leave until the council have agreed to rehouse you, or a court evicts you, otherwise you may risk being found to be intentionally homeless. With a daughter you are in priority need of rehousing.


Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Hi, hope everything works out okay for you.

 

I know you don't want to stay, but make sure the eviction notices are correct as if they're not it could be illegal eviction, which is an arrestable criminal offence.

 

If they're not right - or even better, if the LL isn't in a position to legally evict you, then you may be in a position to negotiate your departure on terms that are financially attractive.

 

So, some Qs...

 

Is your rent less than £25k pa?

Are you in England or Wales?

When did you move in?

When did your fixed term end?

When were you served the eviction notice?

When must you leave?

 

 

Is the eviction notice either:

  • Notice Requiring Possession (section 21 Housing Act 1988)
    OR
  • Notice Seeking Possession (section 8 Housing Act 1988)

Good luck - Dave R

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In answer to your questions (and thank you for taking the time)

 

1. Yes

2. Wales

3. 23 October 2009

4. Ditto 2010

5. Last Saturday

6. 30 days.

 

Part two

 

(Excuse me whilst I go off into a corner and explode with laughter). Uh, no. He tries to be professional but doesn't pull it off, basically complaining that we haven't done what we expected him to and implying we've taken property of his off the land (it's a smallholding that's been allowed to sink into bogland & is unfit for animals). This I think is a bit much since all we've done is drag the rusting barbed wire, the numerous radiators (house, not car), the 30 used (?) propane tanks and similar number of used tyres out of the mud & mire and stacked them in and against a couple of his trailers (which he said would be removed by the time we arrived). We also found numerous fence/gate posts underneath years of grass & stuff which he's propped up to dry - 000s of £worth. This is, presumably, what they're complaining about.

 

I suspect he's trying to work out a way to take us to court - we signed the lease & posted it to his agents and he promptly changed it but we weren't told of the changes (and didn't see the ammended lease) until a week after we moved in. According to HIS ammendments we aren't to do a thing to the property - can't build chicken pens, he has first right to any crops etc, etc. He knew we wanted to raise chickens, pigs & sheep. Couldn't any way because not only is the land dangerous with all the rusting metal and car batteries sticking out of the land he's also kept his own animals on there - they were supposed to be gone - so we've been paying to feed his animals - which is nice. He & his wife came over the other day for a slanging match - found her taking photographs of the inside of our house! I'm sure there's invasion of privacy there.

 

Anyway EHO coming on Wednesday, which should be interesting. Whilst we're anxious to leave (look up everytime we hear a car, wondering if it's them come for another bitch) - just want quiet, peaceful. Just hope we can find it.

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Okay, he can only evict you using section 8 of the Housing Act 1988. I can only imagine he will use ground 12 (Housing Act 1988 (c. 50)). This is not a mandatory possession, in other words, the judge will listen to the reasons given and make a decision. If what you say is correct, the judge is likely to have to adjourn the case so that he can recover from his laughing fit.

 

Seriously, LL hasn't a hope in whatsit.

 

IF the landlord tries to evict you any other way (ie without a court order and without using court bailiffs) then it will be illegal eviction. If & when it happens (or before if you get advanced notice) call the police. They will almost certainly arrest your landlord and give you the keys back. Maximum penalty in the magistrates court is £5k or 6 months prison.

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This LL sounds like an idiot. Whatever rubbish he put in the AST, most of it is probably unenforceable and therefore not worth the paper it is written on.

 

Snorkerz is correct - you cannot be evicted until the end of the fixed term (unless there is a break clause say at 6 months) unless you are in breach of the terms of the AST. Do you have a copy of the lease that YOU signed? I doubt anything that you have not agreed to would stand up in court anyway. Most judges are not daft and know a dodgy landlord when they see one.

 

Take Snorkerz advice and stay put. I doubt this eviction notice is legal. Also, if LL harrasses you again, just tell him that harrassment of a tenant is illegal and punishable by a heavy fine and even imprisonment, and that if he approaches you, or enters your rented property again you will prosecute.

 

By the way, is your deposit protected in one of the government's schemes?


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Protected??? When we asked he said he didn't like those schemes since HE would lose the interest - basically he spent it.

 

We have a copy of our lease (ie the one we signed) and now have a copy of the one he ammended (which we didn't sign) - got it a week or so after we moved in.

 

Since we've been here I've had a relapse of a couple of illnesses & we think we'll just call it a day & try to find quiet anonymity somewhere whilst I go back & fore to the hospital! It was a nice idea, hoping to have our own little area & grow food & animals but there we go (anyone know someone who might be interested in some turkey & chicken chicks? We have an incubator in the kitchen keeping the eggs warm & if they're going to hatch it'll be in the next week or so....no chance of being able to raise 'em in suburbia!)

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Hey merrymaid its xmas time you will find a home for any poultry ya got in nearest pub,ya landlord can be fined 3 times your deposit if he hasnt put it in a proper place,Im sure someone more in the know will pop along to give you that legal advice! I hope it works out for you anyway especially this time a year you dont need the stress!! good luck!!

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Protected??? When we asked he said he didn't like those schemes since HE would lose the interest - basically he spent it.

 

We have a copy of our lease (ie the one we signed) and now have a copy of the one he ammended (which we didn't sign) - got it a week or so after we moved in.

 

Since we've been here I've had a relapse of a couple of illnesses & we think we'll just call it a day & try to find quiet anonymity somewhere whilst I go back & fore to the hospital! It was a nice idea, hoping to have our own little area & grow food & animals but there we go (anyone know someone who might be interested in some turkey & chicken chicks? We have an incubator in the kitchen keeping the eggs warm & if they're going to hatch it'll be in the next week or so....no chance of being able to raise 'em in suburbia!)

 

Okay, I recognise that it is your choice whether to fight this so-n-so, and you seem to have decided not to. I am guessing, from your previous posts, that you are going to have trouble getting your deposit back from the landlord. However, as it isn't protected, you could use this letter to try and get a response out of him. http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/232265-trouble-landlord-deposit.html#post2576374

 

It might take a court case - only you can decide if it's worth it. You'll get plenty of help & advice on here if you do decide to go down that route.

 

I'm in South Wales. If you end up in court with this this bar-steward, either him taking you or vice-versa, and the hearings in Swansea or Carmarthen, let me know by PM if you'd like a little support on the day.

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MerryMaid,

I am so sorry for your problems and difficulties. Especially as we near this time of year.

 

1) He can not evict you unless he gives you an s.21 notice which should give you 2 months (not necessarily a blanket 60 days). It has to be served before or on a rental date and expire two months after that on the day before rent is usually due.

 

or

 

With a s.8 for being two months or more behind on rent. This has to accompany a court order and bailiffs as well as has already been stated.

 

From what I understand if you just leave the council may not rehouse you and we do not want this to happen to you at all.

 

2) That deposit had to have been protected and should have been protected. I can completely sympathize that you want this ordeal done with and should you for your sake and the sake of your family choose night to fight this that is your right. However, I would urge you to do so. He already wants you out of the property. You already want to be out of the property so you have nothing to loose. Taking this matter to court will not affect his ability to throw you out (it won't make him able to throw you out sooner or illegally). LL's like these need to be taught a lesson and if they're allowed to get away with it they are liable to keep doing it. And there's a pretty penny involved if you pursue this and win... when you do get rehoused and move I'm sure you could use the extra cash... or it would be nice to have the cash coming in not long after you move! Think Christmas in July maybe :D.

 

3) Call RSPCA(?) Is that what it's called here? Animal protection services, whatever it is in England and/or Wales. Sorry, I'm from America (which I'm again sorry for :p ) so I'm still learning all the names of the agencies here. You should NOT have to feed his animals. Depending on the size and type of animals that can get pretty pricey and it's a financial burden you should not have to bear unless a) you can afford it and b) you want to. I know it would be hard to see them starve or suffer, but that's what these agencies are there for. Call them up and explain the situation to them. I don't know how that will go down at all, and they may say since you have fed them that there is no proof of mistreatment, but I'm betting if the situation on that land is as bad as it is they will take issue with it and while the ASPCA in the states aren't exactly nice about such things it strikes me that the RSPCA here in the UK is VERY VERY harsh about this stuff.

 

I know it seems a bit like petty revenge, and perhaps to a small degree it is, but this guy isn't taking care of you, those animals or business. I think he needs several whacks on the head in the way of RSPCA, EH, maybe even court action with the deposit to get his marbles back in place.

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About the unprotected deposit - you can deal with that when you do leave. Then you can sue him for deposit + 3 x deposit (+ expenses of suing him). It is NOT his choice as to whether or not to protect the deposit!!

 

You seem to have received pretty good advice re the rest of your posting so, good luck!


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Thank you everyone for your support & advice - I shall definitely be taking some/all of it....

 

However, the story continues. Whilst we were out today (looking for somewhere else to live - why do estate agents make appointments then don't bother to turn up or answer your call??) - our darling landlord left a letter for us.

 

Our tenancy is from the 1st of the month. Apparently, because we've told him we can't be out before the 9 of January then we owe him oodles of cash for the 9 extra days - AND we have to pay it by 21 December - or he'll evict us on 31 December. Isn't that nice? And sweet?

 

I find this chap mindbogglingly arrogant & stupid, all at the same time. I really don't want anyone else to suffer under his tyranny (we're his first attempt at letting, I gather).

 

We intend to sue him re the deposit & see if we can take him to Court regarding trying to evict us but if anyone can think of anything else I should be grateful. I've had enough of this guy coming here at all hours of the day/night & leaving us little love notes like this....

 

Anyway, on an happier note - we now have 4 chicks!

 

Merry Christmas everyone (as my daughter has reminded me at least 20 times today, there's only 8 more days...and 15 to our landord's deadline!)

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Congratulations on your little new cute additons and a Merry Christmas to you.

 

Your LL sounds like a real piece of work. Go ahead and look for other places to live but while his eviction threat is annoying it's not legal. You have that to stand on.

 

He can charge you for those 9 extra days but the charges have to be reasonable... not something outrageous and inflated. I'd figure out the daily rate per annum and offer him that amount and I'd fight anything beyond that for those 9 days.

 

And I believe technically it would be due in advance on the day you pay your rent anyway. His threat of throwing you out on 31 December if you don't pay on the 21st is stupid on his part.

 

If you have ANY of this in writing keep it because it could come in very handy for you later.

 

If you don't pay his requested amount by the 21st he may try to throw you out. If he shows up at the property and tries to forcibly remove you call the cops! This is harassment and he'll be attempting to illegally evict you. If you leave the house and come back to find the locks are changed call the police immediately as well. Again, he will have illegally evicted you. He can face very stiff penalties for doing so and should you seek them you will very likely be awarded a nice sum of cash for damages in court should he do this.

 

We intend to sue him re the deposit & see if we can take him to Court regarding trying to evict us but if anyone can think of anything else I should be grateful. I've had enough of this guy coming here at all hours of the day/night & leaving us little love notes like this....

 

I'm glad you've decided to pursue this matter. People like this need to learn and in order to get them to learn they sometimes have to be taught a lesson.

 

Just remember what I've addressed above and anything else anyone here has told you regarding some of these issues. And of course, if you need anymore help and advice there are those here willing to lend a hand.

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He can charge you for those 9 extra days but the charges have to be reasonable... not something outrageous and inflated. I'd figure out the daily rate per annum and offer him that amount and I'd fight anything beyond that for those 9 days.
On what basis can he charge? The fixed period doesn't end until 23 October 2010 so neither the landlord nor the OP can end the tenancy without the agreement of the other. The landlord certainly doesn't have the right to dictate terms of an early determination. In any case, the rent day is 23rd of the month as far as I can tell, so I'm not sure what the 9 days are supposed to be.

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On what basis can he charge? The fixed period doesn't end until 23 October 2010 so neither the landlord nor the OP can end the tenancy without the agreement of the other. The landlord certainly doesn't have the right to dictate terms of an early determination. In any case, the rent day is 23rd of the month as far as I can tell, so I'm not sure what the 9 days are supposed to be.

 

I did not catch that the rent day was the 23rd of the month. It does raise an interesting question as to what the 9 days are supposed to be unless as it initially seems in this light to be more nonsense by the LL.

 

The LL seems to want the OP out. The OP seems to want to get out as long as it doesn't leave her homeless! If the OP can find a place to live and both the OP and the LL want to end this ordeal then I would think it would be considered a mutual surrender at which point the TA can be brought to an end.

 

However in MerryMaid's previous post she said

 

Our tenancy is from the 1st of the month.

 

So..... I'd have to guess and wait for confirmation from the OP but I think the LL may be getting her wrapped all up around herself in this regard. This may be where the confusion stemmed from.

 

MerryMaid,

bedlington has a good point. As long as you have paid your rent for November - December, should have been due on 23 November... then the LL can't make you pay anything early and evict you because you don't pay it. All you have to do is pay your rent for December - January on 23 December and you have fulfilled your obligations.

If he wants you out and you've found a place then, in writing get him to agree to a mutual surrender under one of these two terms because he is the one trying to get out of what is still a fixed term agreement, so you have some power here.

1) He prorates the rent at a daily rate calculated by the daily rate per annum for the days starting on 23 December to 9 January (when you've suggested you may be able to vacate) and accepts that releasing you of all further rent obligations and ending the tenancy.

 

or

 

2) He accepts the total payment of rent on 23 December for a month and you are allowed to remain in the property till 22 January at which time you will fully vacate. In this agreement as well you need to get him to acknowledge that he is not holding you to the further payment of rent and thereby releases you from further obligation and that the tenancy has been mutually surrendered.

 

Now, if bedlington has anything to add or correct that's fine. I am not a solicitor and I've only been here in the UK for a little over a year. I've learned a lot on this site and other sites and it's this knowledge I'm imparting. For those that have more experience and know way more I bow to them and so should you :grin:

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Today we saw our landlord twice - once in Tesco & then an hour later here - both times he demanded money & told us he would throw us & our belongings out on 31 December if he doesn't get it.

 

Unfortunately the Police don't seem to be worth a damn - just told us we should pursue it through the civil courts - which is all well & good but I thought it was illegal to indulge in illegal eviction (not to mention harassment etc etc).

 

If anyone knows of a solicitor in the Carmarthen area who accepts legal aid (I'm on ESA right now - sarcoidosis amongst other things) then I'd be grateful of their direction.

 

Oh - guess what - after the threat, our darling LL actually had the chutzpah to wish us a Merry Christmas & Prosperous New Year!!!!

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Under these circumstances, I think you need to contact your local council - they should have an officer who deals with private lettings issues. You should also contact CAB (I know they are very busy just now, but keep trying) and also Shelter who have volunteer solicitors who may be able to help you.

 

The problem of the Police denying any involvement is totally wrong. Harrassment and illegal eviction are CRIMINAL matters, punishable by a large fine or even imprisonment. If your LL comes anywhere near you, contact the Police and if you get no satisfaction, tell them you are going to write to the Chief Constable of your particular area to let him know that his officers obviously do not know their responsibilities in these matters and that perhaps they need to be retrained.You are not alone in this, most police forces try to avoid any involvement.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Today we saw our landlord twice - once in Tesco & then an hour later here - both times he demanded money & told us he would throw us & our belongings out on 31 December if he doesn't get it.

 

Unfortunately the Police don't seem to be worth a damn - just told us we should pursue it through the civil courts - which is all well & good but I thought it was illegal to indulge in illegal eviction (not to mention harassment etc etc).

 

If anyone knows of a solicitor in the Carmarthen area who accepts legal aid (I'm on ESA right now - sarcoidosis amongst other things) then I'd be grateful of their direction.

 

Oh - guess what - after the threat, our darling LL actually had the chutzpah to wish us a Merry Christmas & Prosperous New Year!!!!

 

Hi - just a thought, if you haven't found yourself a solicitor - Legal Aid is now called "The Community Legal Service". You can phone them up on 0845 345 4 345 to find a solicitor with the expertise to handle tenancy matters. Alternatively, if you would prefer to deal face to face then the nearest CLS solicitor who specialises in Housing is Randell Lloyd Jenkins and Martin but they're in Llanelli.

 

And as 'Angel of Sol' says, let us know how you're getting on!

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Well, we're at an impasse right now.

 

Estate agents are, to all intents & purposes closed over this period, our LL has had warnings from the Police, Shelter AND the Council.

 

Guess what. He's sitting outside our gate right now, with friends, blocking our exit & demanding we get out & money.

 

We've 'phoned the Police & they said they'll dispatch someone when they can.........let's see how long it takes!!

 

Ah, well. We're in the warm with coffee, they're outside (mind you, we had 4 days without water due to his expert plumbing!)

 

Keep you posted.

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Been following this thread with intrest,i do hope you get it sorted as what your LL is doing now is Harassment,dont let your LL get away with it..

 

I think this is the act what covers it Protection from Harassment Act 1997 (c. 40)

 

MARTIN :)


Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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This guy is definitely guilty of harassment. Hope the police get him and take him away.

 

I know it's a pain, but hang in there. The more this guy screws up the better it will be for you in the end when you find some place new to live and get moved and have to sort this all out.

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He obviously knows police response times - he left literally 2 minutes before they arrived - probably passed each other!

 

They have warned him if he comes again then he'll probably be arrested. I'm fed up with this (although I'm trying to see the ridiculous side). At least my daughter was with her father today, so she didn't have to see the current confrontation (she's scared, poor thing).

 

He'll probably be out again tomorrow - apparently the letter from Shelter was a forgery courtesy of Yours Truly (didn't know I was so talented), and, in his opinion, the police, the Law & solicitors can't stop him coming onto his property & throwing us out.

 

The good news, of course, is that we were all warm & comfy (complete with cups of coffee) IN the house whilst he & his supporters were freezing their behinds off OUTSIDE.

 

Unfortunately, due to my ill health (not helped by above) I'm now on HB - the fallback of degenerates if one looks at the number of places that catagorically state they want nothing to do with such recipients.

 

Have a good New Year, folks. I'm hoping for a quiet one!

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Keep a written note of times and dates when you LL plays up and what he gets up to.

 

If you got a digital camera take picture's of him hanging around if you can or stick a webcam in the window and record what he gets up to,will be usefull if you have to contact the police again ?

 

MARTIN :)


Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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