Eviction question

[callumsgran]

True, although whether a judge considering a housing matter would take that view is another matter.

 

BTW, do you think that, by threatening to install a device on my plugs that would limit the amount of electricity I could use, my landlord was committing the criminal act of demanding money with menaces?

 

Jeff

Lmao not unless he had a baseball bat!

BTW how did you pass the credit checks when you moved in? assuming you had to have employers refs etc?

[Dragons Dennis]

Ah, you know what they say about assumption........

[callumsgran]

Ah, you know what they say about assumption........

Indeed lol

[JeffW]

Re: Demanding money with menaces - Surely it has to be a criminal offense to tell someone that, unless they pay you the £x that you're asking for, you will commit an illegal act against them.

 

With regards to your questions, there were no credit checks, and no references were requested.

 

Jeff

 

Lmao not unless he had a baseball bat!

BTW how did you pass the credit checks when you moved in? assuming you had to have employers refs etc?

[Dragons Dennis]

No, I am with Callum on this. Demanding money with menaces involves violence or the threat of violence. Threatening to do an illegal act in this case fitting something to your flat which you do not want or agree with which directly breaches your rental agreement is NOT demanding with menaces. More in the line of blackmail or possibly harrassment I would suggest.

 

Don't get us wrong, we are on your side.

[JeffW]

Hi Dennis

 

From what I can tell, 'demanding money with menaces' is the same as blackmail in the eyes of the law.

 

See, for example, this article about 2 guys jailed for demanding money with menaces, even though no threats of violence were involved: http://news.bbc.co.uk/1/hi/7378345.stm.

 

However, my landlord might be able to argue that it was his honest belief that he could alter the plugs against my will, and was merely advising me of the situation.

 

Jeff

 

No, I am with Callum on this. Demanding money with menaces involves violence or the threat of violence. Threatening to do an illegal act in this case fitting something to your flat which you do not want or agree with which directly breaches your rental agreement is NOT demanding with menaces. More in the line of blackmail or possibly harrassment I would suggest.

 

Don't get us wrong, we are on your side.

[JeffW]

Just a further thought.

 

Let's say my landlord does try to go to court to get me evicted.

 

Is it possible I could be liable for his court costs and solicitors' fees?

 

Thanks

 

Jeff

[MrShed]

His "basis" for eviction here would be Section 8.

 

There is simply no basis for eviction.

 

As such the eviction will fail, and the costs will be his own.

 

If the eviction was valid (or, for example, if he evicts at the end of the fixed term under Section 21) yes you would be liable.

[JeffW]

Thanks Mr Shed.

 

What if he went for Ground 12? This reads:

 

'The Tenant has breached any term of the tenancy agreement (other than one relating to the payment of rent).'

 

I realise that he would have an uphill struggle with this one, particularly as he has no actual evidence that I'm working from home. But let's say he does and he succeeds, would I be liable for costs, and what sort of figure would you typically be looking at?

 

Jeff

 

His "basis" for eviction here would be Section 8.

 

There is simply no basis for eviction.

 

As such the eviction will fail, and the costs will be his own.

 

If the eviction was valid (or, for example, if he evicts at the end of the fixed term under Section 21) yes you would be liable.

[MrShed]

IF he succeeds (which I consider less likely than me winning the lottery tomorrow, and I dont even play the lottery), then yes you would be liable for the court costs. I am unsure of the level of these costs I'm afraid.

[JeffW]

Thanks Mr Shed.

 

He's wanting me to pay him an extra £80 per month over the winter months, and whatever the figure comes to, my guess is that it will be less than £320!

 

So I think my best bet is to write him a letter, sent by recorded delivery, telling him that I can use as much electricity as I want, that I'm not legally obliged to pay extra for it, and that I will press criminal charges if he interferes with my electricity supply!

 

Jeff

 

IF he succeeds (which I consider less likely than me winning the lottery tomorrow, and I dont even play the lottery), then yes you would be liable for the court costs. I am unsure of the level of these costs I'm afraid.

[MrShed]

Play it softly softly initially.

 

One final question as well:

 

What is the SPECIFIC term (i.e. exact wording) in your tenancy with regards utilities/electricity?

[JeffW]

Funnily enough, my landlord has used the wrong template, as my tenancy agreement says that I must:

 

'Pay for all electricity, gas and phone bills, water charges and Council Tax relating to the property that apply during the period of the tenancy'.

 

However, whilst I'm responsible for my own phone bill, all of the other costs are included in the rent!

 

As regards going softly softly, thanks for the advice, but I think the time for that has passed. The only compromise that would be acceptable to my landlord are either me freezing in winter or me paying him money for something that's already included in my rent, and neither is acceptable to me!

 

I need to make my position clear, even if that may offend my landlord IMHO. It's important he knows that I will fight any attempt to evict me or interfere with my electricity supply.

 

Jeff

Play it softly softly initially.

 

One final question as well:

 

What is the SPECIFIC term (i.e. exact wording) in your tenancy with regards utilities/electricity?

[Dragons Dennis]

Removed.

[MrShed]

Difficult one actually - as the term states this, technically speaking he may well be able to enforce what he is asking.

 

Only a court could decide to be honest...

[callumsgran]

Re: Demanding money with menaces - Surely it has to be a criminal offense to tell someone that, unless they pay you the £x that you're asking for, you will commit an illegal act against them.

 

With regards to your questions, there were no credit checks, and no references were requested.

 

Jeff

Strange

[JeffW]

I've had a falling out with my landlord, and he wants me to leave (although he can't compel me to do so, and I plan to stay till my term is up).

 

It looks like he's made it so that, when I turn on the hot tap on in the sink in my room, all I get is cold water.

 

Is there anything I can do about this?

 

Thanks in advance.

 

Jeff

[JeffW]

A housemate of mine is concerned that the landlord may at some point decide to sell the property, and would like to know what is rights are.

 

He is on an assures shorthold tenancy agreement. He has served the initial period of the agreement, which continues on an ongoing basis until he leaves.

 

Is the landlord wanted him to leave (for whatever reason), what would his rights be?

 

Thanks

 

Jeff

[JeffW]

PS I've just noticed something else my landlord done.

 

There is a door near my room with a door stopper that minimizes the noise the door makes when it shuts. I notice my landlord has adjusted the tension of the stopper, so that it closes quickly and loudly (he knows that I'm a very light sleeper, and that I like peace and quiet).

 

Is there anything I can do about this?

 

Jeff

[annoyed_tennant]

He would be entitled to 8 weeks notice (called a section 21) if the deposit has been protected. If deposit has not been protected then this notice is invalid.

 

After 8 weeks he doesn't have to leave but a court will grant an order if the landlord asks for one which will compel him to leave (if he doesn't bailiffs can enforce)

 

This in practice gives them approx 16 weeks from notice to eviction.

 

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

[JeffW]

Thanks

 

The landlord doesn't take deposits - he just takes a month's rent upfront when a tenant moves in, and then takes a further month's rent every month thereafter.

 

In light of this, where would he stand?

 

Thanks

 

Jeff

 

He would be entitled to 8 weeks notice (called a section 21) if the deposit has been protected. If deposit has not been protected then this notice is invalid.

 

After 8 weeks he doesn't have to leave but a court will grant an order if the landlord asks for one which will compel him to leave (if he doesn't bailiffs can enforce)

 

This in practice gives them approx 16 weeks from notice to eviction.

 

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

[JeffW]

I went into my local police station today, and told the desk sargeant that I believed that my landlord was harassing me, as he wants me to leave his property.

 

He assured me that this was a civil matter, and not something the police deal with.

 

However, as I pointed out to him, the Protection From Eviction Act 1977 does sort of suggest that it's a criminal matter:

 

‘The landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if he does acts likely to interfere with the peace or comfort of the residential occupier [and] knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises.’

I wouldn't have thought that you hear the word 'offence' too often in the civil courts...

 

However, the good officer stuck to his guns. Was he right, or is he simply not as knowledgeable of the law as someone in his job should be?

 

Jeff

[Batfink]

You say room - rather than flat. Can you confirm a couple of things please?

 

Is your landlord resident in the same property as you? Are there any rooms (except your bedroom) that you have exclusive possession of, or do you share the rest of the property (ie living room, bathroom, kitchen).

[JeffW]

The landlord doesn't live in the property, and I only have exclusive possession of my room.

 

BTW, I wrote the following email to my landlord today:

J angrily told me today that you said that I had been complaining constantly to you about him and V, by letter, email and phone. I found this allegation shocking and distressing. We both know that I have never once complained about either of them, verbally or in writing, directly or implicitly.

It seems to be that you are conducting a campaign of harassment against me, with the intention of forcing me to vacate the property. I think that you have:

 

• Spread lies about me designed to cause conflict
  
• Put my note to the house on Thursday under J’s door (K and P were at work at the time, L was away, and neither F nor I would have anything to gain by engineering a conflict between J and I).
  
• Changed the tension in the door stops
  
• Made it so that I cannot receive hot water in my room
  
• Made it so that the grinding noise coming from under the sink in my room returns whenever someone uses a tap
  
• Entered my room without knocking
  

If you can show me I’m wrong, I’ll apologize, but the circumstantial evidence is compelling. J has no reason to lie to me about what he says you told him, and I consider it highly unlikely that he misunderstood you. And given that you yourself set the tension in the door stops a few months ago, I cannot see what legitimate reason you might have for suddenly loosening it.

Jeff

 

You say room - rather than flat. Can you confirm a couple of things please?

 

Is your landlord resident in the same property as you? Are there any rooms (except your bedroom) that you have exclusive possession of, or do you share the rest of the property (ie living room, bathroom, kitchen).

[Snorkerz]

An important thing to realise is that a new property owner makes no difference to the tenancy, it continues exactly as before with the same rights and terms. Nothing changes bar the name of the landlord.

 

If no deposit was taken, there is no requirement for a deposit to be protected! It will not affect an s21.

 

Your friend may already have been served with an s21 - some landlords issue them in the first week as a legal (if immoral) way of bypassing the 2 months notice).

 

This link will give you details of the only 2 legitimate methods of eviction http://www.tenancyanswers.ucoz.com/index/being_evicted/0-21