Jump to content


boona

Landlady has snatched keys back and kept my belongings!

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3617 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all, I posted some details on a different thread re my tennancy agreement. I believe I have a periodic tennancy agreement - not a 6mth shorthold. Anyway I tried to move out today without giving notice and owing 4 days rent and whilst I was away from the property the landlady turned up, snatched the keys of the removal men and wouldnt let them take some of my belongings. She then locked the door, so I do not have acces to the property.

 

I tried to give notice 4 weeks earlier, but she wouldnt except it and she said I had to pay untill the end of my 6mth term (even though there is no period stated on the agreement) so I thought I might as well move out anyway seen as she said she was gonna take me to court to make me pay.

 

Now she has around £300 worth of my belongings plus she is saying she wants the full rent untill the end of my term which is apparently March 3rd 2010.

 

Any advice on what I can do next or where I would go for help?

Share this post


Link to post
Share on other sites

With a lack of responses, its a very difficult situation, it would come down to whether this ll has committed a criminal offence or not in which case you request that the police come with you hopefully to the property with the ll agreeing to meet you (to prevent a breech of the peace).

 

I would highly suggest going to see the Citizens Advice Bureau who will be able to guide you through with what to do.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Share this post


Link to post
Share on other sites

Owing the landlady rent is a civil matter.

 

Unless she has obtained an eviction with possession through court, she is committing a criminal offence by locking you out of your own home - moving out or not.

Share this post


Link to post
Share on other sites

Where to go for advice - the Police, the Council, Shelter, CAB, a solictor or a legal centre.

 

She had no legal right to keep your things or take the keys the way she did. She needs a court order to evict you or to get a money judgement against you for what she thinks you owe (as has been shown in your other thread she is wrong).

Share this post


Link to post
Share on other sites

Thankyou, I have tried to get in contact with CAB but they are so busy, I have emailed them though and I hope they get back to me. She really has been awkward, I am a good person and I have always given notice in previous accommodation. As I am currently pregnant I am hoping this stress doesnt affect my pregnancy so I am trying to keep calm.

Share this post


Link to post
Share on other sites

My landlady text me today saying that the removal men (whom are also work collegues)where in the flat illegally? Surely this is not the case if I let them in, even though I did leave them alone? She also said she didnt "snatch" the keys of them they were on the side so she took them from there!

Share this post


Link to post
Share on other sites

Call the police NOW. Not 999, just the local police station number. Your landlady currently is in illegal occuption of your home. There are laws to protect you and she has crossed many of them.

 

If your cars keys were on the side, could she take those too? It is called theft!

 

You need to get the police to get her down there to let you in and give you back YOUR keys. If she wants possession she has to do it one of two ways. Either you voluntarily surrender over the property or she must take you to court. It is totally irrelevant whether she thinks you should pay this or that. if she wants you to give her money she can ask. if you say no and she believes you actually owe her money, then she has one option - take you to court.

 

What she cannot do is exactly what she is doing. She has illegally entered your home without your permission, interfered with persons hired by you, stolen your keys, stolen your goods.

 

This woman sounds nuts. Removal men do not need HER permssion! Don't hang around with this. Tomorrow morning forget CAB. Call the council homelss persons unit. Tell them you have been locked out by her and how stressful this all is. They will get you back in!

 

When this is all done and dusted, sue her for the stress she is obviously causing you.

Share this post


Link to post
Share on other sites

I called CAB who told me to contact a solicitor, I also called the council homeless unit who also told me to contact a solicitor!

 

So today I called a solicitor, lets see how it goes.

Share this post


Link to post
Share on other sites

This is without doubt an illegal eviction. That is not a civil matter - it is a criminal matter. Your landlady is risking a heavy fine and/or imprisonment. Let us know how you get on with the solicitor.


Kentish Lass

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

Share this post


Link to post
Share on other sites
That is not a civil matter - it is a criminal matter.
It's both a civil and criminal offence. The trouble is the police will tell you that its a civil matter and refuse to get involved. The people that this needs to be reported to are the local council and it really isn't good enough for them to say "get a solicitor" because they are the prosecuting authority for illegal eviction. Which council is it?

Share this post


Link to post
Share on other sites

Good news - I called the council again and spoke to a different person, a VERY helpful one!! She called my landlady and has told my landlady she has to give me back the keys or face prosecution. I am going today to collect them.

 

My landlady is seeing her solicitor next week to apply for an eviction order.

Share this post


Link to post
Share on other sites

Told you!

 

Landlady must not harrass you in the meantime. When you get in check things carefully. If anything is missing call the police. You move wghen you want to. When you do you can formally end the tenancy by telling Madam in writing and returning her keys. Then she would have possession without going to court.

Share this post


Link to post
Share on other sites

That's fantastic news. Quite why she's applying for an eviction order is beyond me. You were moving out anyway! In any case she can't get an eviction order for a while. The best she can hope for is a section 21 notice, which will give you two months notice that she wants her property back. After that she has to go to court, which would take several more months.

Share this post


Link to post
Share on other sites

Thankyou for helping me with this.

 

She will probably get Section 21 notice then. Please tell me what I should do next as I really dont want to stay there any longer anyway nor do i want to pay HER any more rent!!

 

Like I said I tried to give notice from the 2nd Nov and she told me I couldnt and surely she cant expect me to to pay the rent for the 6 days she has evicted me?

 

My monthly rent is £360 which is due on the 3rd of every month.

Share this post


Link to post
Share on other sites

When you get your keys back go and get your stuff and, as Jimmy says, report anything missing to the police. Then just forget about it. In the unlikely event that she does sue you for outstanding rent you could always counter sue for the illegal eviction.

 

If your rental agreement doesn't specify a fixed term I think you can give one month's notice at any time (but I'd check with a solicitor specialising in landlord an tenant law before assuming that I'm right). If I'm right then you've given her notice so I don't see what she's can complain about. Was the notice in writing and, if so, what did it say exactly? How long had you been in the property?

Share this post


Link to post
Share on other sites

COULDNT BELIEVE IT!!

 

I went to get the keys, her sister met me there with a friend, she made sure I went into the flat and recorded everything on her mobile phone!! Then she started "interviewing" me, asking am I moving back in, I said I had never moved out!! (even though the flat was practically empty!!) She also asked when I was going to pay the rent! I told her it was all in the hands of my solicitor now, all this was being filmed! I then told her to leave as I had nothing else to say to her.

 

I went back last night and collected my belongings.

 

I didnt send my notice in writing, I spoke to her on the phone on the 26th Nov and she said she wouldnt accept it as I was in contract till 3rd March 2010 so I didnt bother sending it. With regards to my agreement my solicitor said ANY tennancy is 6mth shorthold regardless if it states this or not (it doesnt state that, neither does it have a lengh of contract or landladies address!) However the council said it is periodic - who do I believe?

 

How can I send her notice if I dont have her address?

 

Awaiting ur very good advice x

Share this post


Link to post
Share on other sites

What did she record on her phone? Not inside the flat of course because she had no business to enter it. If she did it is an invasion of privacy and harrassment.

 

First job now is to change the lock if you are staying there at all. I guarantee they have copies of the keys.

 

No address? Two can play at that game. Move out as soon as you are ready. You then leave keys with a neighbour or shop and a covering letter saying you surrender the flat and terminate the tenancy herwith. The address you use is your current flat. If she wishes to sue you for breach of tenancy, first thing she will have to do is find you. Not worth it, she will just re-let it.

Share this post


Link to post
Share on other sites

Hi Jimmy, first thankyou for replying this evening. It wasnt her it was her two sisters! From the minute they stepped out ouf there car on arrival they were "filming" me on a mobile phone. They asked if they could step inside the flat for one minute to make sure my belongings were "intact" which I agreed to (in hindsite I should have said no but I felt intimidated) but they kept filming the flat and asking the questions above!!

 

I have moved all my belongings out but I have not surrendered the keys yet, apparently a solicitor can find me, so I am still very worried.

Share this post


Link to post
Share on other sites

Solicitor cannot just find you. But in any event, this woman has breached the tenancy herself by locking you out. So, you could in theory sue her. She also sent her sister and another person to film you and intimdate you. Did you give her permission to film inside your home? If not, the sister has committed an offence in itself by doing so.

 

If you are that worried, go to a solicitor yourself. They will most probbaly rip her tenancy agreement to pieces anyway.

Share this post


Link to post
Share on other sites

My mum is 72yrs old and extremely straight, even she says I should just leave th keys and forget about it!! I have never been in this situation before, but to be honest I am 6mths pregnant and worrying about everything!!!

 

 

I think I should do as u say, leave the keys and a covering note. I owe rent from the 3rd December should I at least pay up what I owe till tomorrow?

Share this post


Link to post
Share on other sites

Erm, no! Don't pay another penny. You would have left last week, but the landlady put a stop to that by illegally locking you out. Bearing in mind you are 6 months pregnant, this landlady should count herself very lucky all this stress didn't make you very ill.

 

Just lock up, leave the keys and a covering letter with someone suitable and send the landlady a text to say you have now vacated the flat, keys are with XYZ...

Share this post


Link to post
Share on other sites
I didnt send my notice in writing, I spoke to her on the phone on the 26th Nov and she said she wouldnt accept it as I was in contract till 3rd March 2010 so I didnt bother sending it.

Bad mistake. You have to give notice in writing. Having said that, your landlady has already evicted you so it's pretty much academic.

 

With regards to my agreement my solicitor said ANY tennancy is 6mth shorthold regardless if it states this or not (it doesnt state that, neither does it have a lengh of contract or landladies address!) However the council said it is periodic - who do I believe?

The council. Find another solicitor that specialises in landlord and tenant law. My understanding (and I'm not a lawyer of any description) is that neither party can give notice that expires before the end of the fixed period but regardless of the fixed period, the landlord cannot give notice that expires prior to the end of six months. As your agreement has no fixed period you can give one months notice (in writing) whenever you like (although technically it should end on a rent day). The landlady can likewise give you two months notice but it cannot expire before the end of the sixth month

 

How can I send her notice if I dont have her address?
It's an offence not to provide an address for service of documents, but like I say it's academic. She's already evicted you. I strongly recommend that you find a solicitor that specialises in landlord and tenant law and stop relying on the information being posted here - some of it is nonsense. Alternatively, find the local shelter office; they are housing experts

 

Edited to say don't pay any more rent. At the risk of sounding like big brother you have been evicted and the tenancy has finished. You only got the keys to collect the remainder of your possessions

Share this post


Link to post
Share on other sites

Thankyou once again, tomorrow I need to phone the council back to advice I have now got the keys.

 

When I spoke to them on Friday about what to do WHEN I have got the keys back they said i should give the relevent notice, pay the rent upto date and move out.

Share this post


Link to post
Share on other sites

Spoke to a solicitor again today, she said give a months notice (wich I have) and dont pay another penny!!!!!!!!!!!!!

 

So I wont!!

 

Thanks for all your help guys.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...