Eviction question

[JeffW]

Thanks

 

So am I right in thinking that, assuming my friend hasn't already been issued with an S21, the landlord will just need to give him 2 months' notice if he wants to evict him for whatever reason?

 

Jeff

 

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

[annoyed_tennant]

Thanks

 

So am I right in thinking that, assuming my friend hasn't already been issued with an S21, the landlord will just need to give him 2 months' notice if he wants to evict him for whatever reason?

 

Jeff

 

Yes.

 

But if after the 8 weeks are up he still doesn't leave then a court hearing and order to enforce the S21 will be needed. Depends on your local county court but this will take at least another 4 weeks(ish) or more.

 

After the order is granted it then requires bailiffs (from the county court) to enforce it if necessary.

 

As said before, no deposit no need to protect (although no deposit rents are very rare!)

 

Short version :- Yes but with the time taken to force the renter to give up possession it's more like 12 weeks.

[annoyed_tennant]

Right or wrong, from experience unless their is hardcore harassment the police won't be interested or do anything past maybe giving them a warning to stop acting like a tit. All this got for me was more frequent harassment!

[JeffW]

Makes you proud to be British, doesn't it?

 

Jeff

 

Right or wrong, from experience unless their is hardcore harassment the police won't be interested or do anything past maybe giving them a warning to stop acting like a tit. All this got for me was more frequent harassment!

[JeffW]

Thanks - I'll pass that on.

 

Jeff

 

Yes.

 

But if after the 8 weeks are up he still doesn't leave then a court hearing and order to enforce the S21 will be needed. Depends on your local county court but this will take at least another 4 weeks(ish) or more.

 

After the order is granted it then requires bailiffs (from the county court) to enforce it if necessary.

 

As said before, no deposit no need to protect (although no deposit rents are very rare!)

 

Short version :- Yes but with the time taken to force the renter to give up possession it's more like 12 weeks.

[Snorkerz]

Thanks

 

So am I right in thinking that, assuming my friend hasn't already been issued with an S21, the landlord will just need to give him 2 months' notice if he wants to evict him for whatever reason?

 

Jeff

NO, not always.

 

If your friend has any rent arrears then the landlord can give TWO WEEKS notice under section 8. If your friend has committed any kind of crime or disturbance, he can be give NO notice.

 

However, as with the s21, it is not 'notice to quit' it is just notice before applying to the courts.

[xoAmyox]

The police officer you spoke to was partially correct. Harassment of a tenant is a criminal offence, however this type of offence is dealt with by your local council. They are required to have a Tenancy Relations Officer, who can decide if a prosecution is appropriate. In most cases, however, an advisory letter is the action taken by them. Get in touch with your council's TRO, and if you feel that you are not getting a satisfactory response to your concerns (as some are great, others really rubbish), then a complaint to the council is the way forward.

Can you clarify why you feel you are being harassed?

I also see that you've asked several questions about eviction/harassment etc, these should really be in one thread as they all relate to your current situation. It makes it easier for people to advise and reply when they can see all the facts in one place, and questions don't have to be repeated.

[JeffW]

Thanks for your advice.

 

The matter has now (hopefully!) been resolved!

 

To cut a long story short, some problems occured in the house at around the same time as my landlord was trying to stir up trouble between one of the housemates and I (such as a rattling noise coming from under my sink).

 

I therefore assumed that the problems were caused by said landlord (although he assures me they weren't).

 

Jeff

 

The police officer you spoke to was partially correct. Harassment of a tenant is a criminal offence, however this type of offence is dealt with by your local council. They are required to have a Tenancy Relations Officer, who can decide if a prosecution is appropriate. In most cases, however, an advisory letter is the action taken by them. Get in touch with your council's TRO, and if you feel that you are not getting a satisfactory response to your concerns (as some are great, others really rubbish), then a complaint to the council is the way forward.

Can you clarify why you feel you are being harassed?

I also see that you've asked several questions about eviction/harassment etc, these should really be in one thread as they all relate to your current situation. It makes it easier for people to advise and reply when they can see all the facts in one place, and questions don't have to be repeated.

[45002]

Go back and insist on making a detailed statement,the police cannot refuse to take a statement,its against the law for them to refuse do so.

 

It doesn't mean they are going to do something,but at least its on paper and recorded.you never know ?

[JeffW]

Thanks for the advice, but for now I'm going to let the matter lie.

 

I've reached an understanding with my landlord, and things are back on an even keel, so I'm not going to rock the boat.

 

Jeff

 

Go back and insist on making a detailed statement,the police cannot refuse to take a statement,its against the law for them to refuse do so.

 

It doesn't mean they are going to do something,but at least its on paper and recorded.you never know ?

[papasmurf1cx]

Was he right, or is he simply not as knowledgeable of the law as someone in his job should be?

 

I think it is a common fallacy that the general public think that our police are all knowledgeable about all manner of things. It gladdens my heart that the public feel they can speak to the police over their problems. However I wonder if you were trying to obtain something 'over the officer' who you describe as "useless" who after all was only doing his duty according to the training he has been given at public expense.

 

If xoAmyox had not informed you that the council, among many other public agencies that have a duty to prosecute in the courts criminal offences other than the police, was responsible for this aspect of the criminal law I would have.

 

I see time and time again on this site very expert knowledge and opinions from trained solicitors and barristers who do not presume to know everything about the law, only their little bit of it that they have studied over many years so I don't see why you could think that the police are responsible for all aspects of the criminal law.

 

Without being too judgmental, I do hope you are as expert in your job and all knowing over every aspect of it that you expect of others of theirs and of course would never presume to call you useless as I know nothing about you. Perhaps the officer concerned deserves an apology from you rather than the derision you obviously intended.

[dragonkeeper]

 

 

 

Was he right, or is he simply not as knowledgeable of the law as someone in his job should be?

 

I think it is a common fallacy that the general public think that our police are all knowledgeable about all manner of things. It gladdens my heart that the public feel they can speak to the police over their problems. However I wonder if you were trying to obtain something 'over the officer' who you describe as "useless" who after all was only doing his duty according to the training he has been given at public expense.

 

If xoAmyox had not informed you that the council, among many other public agencies that have a duty to prosecute in the courts criminal offences other than the police, was responsible for this aspect of the criminal law I would have.

 

I see time and time again on this site very expert knowledge and opinions from trained solicitors and barristers who do not presume to know everything about the law, only their little bit of it that they have studied over many years so I don't see why you could think that the police are responsible for all aspects of the criminal law.

 

Without being too judgmental, I do hope you are as expert in your job and all knowing over every aspect of it that you expect of others of theirs and of course would never presume to call you useless as I know nothing about you. Perhaps the officer concerned deserves an apology from you rather than the derision you obviously intended.

 

 

 

A very good and apt point papasmurf1cx.

 

 

 

 

dk

[bedlington83]

Without being too judgmental, I do hope you are as expert in your job and all knowing over every aspect of it that you expect of others of theirs and of course would never presume to call you useless as I know nothing about you. Perhaps the officer concerned deserves an apology from you rather than the derision you obviously intended.

As far as I'm aware, the officer is obliged, under the Police Act, to investigate all allegations of criminal activity. If he/she is uncertain as to whether an alleged offence is actually a crime, they have access to legal advice. Under the circumstances I think it is the OP that is owed the apology and the officer is deserving of all the derision and scorn that has been directed at them

 

Oh, and the council do not have a duty to prosecute offences under the housing act: They can prosecute if they wish but they are under no obligation or duty to even investigate let alone prosecute.

[JeffW]

I’ve just been told by a housemate that my landlord, who I had been in a dispute with, encouraged him to assault me. The landlord allegedly lied to my housemate, saying I had made constant complaints about him and his girlfriend (I hadn’t). The landlord also put under my tenant’s door a letter I had addressed to the house, relating to excessive noise, presumably to give the impression that I had placed the letter under his door. In addition, the landlord allegedly told my housemate that I was frightened of violence, and, if the housemate were to assault me, he would not have a problem with it (although he would need to evict him if violence were directed at any other tenant). When my housemate asked for clarification, the landlord said something like ‘you’re a man of the world’.

Does it appear that my landlord has committed a criminal offence by apparently trying to incite violence against me?

Thanks

Jeff

[MARTIN3030]

Yes it would seem that way.

Proving this of course would rely more or less totally on the support for you from those he has been using.

This is also looking like harassment.

Has the landlord got an agenda here?

[JeffW]

Thanks.

 

The housemate concerned has said he'd be prepare to give evidence to the police, as will his girlfriend, who was present when the landlord encouraged him to assault me.

 

Also, when I once confronted my landlord about the note under the door and the lies he'd been spreading about me, he didn't deny it (and another housemate was present during this conversation).

 

The landlord's agenda, to cut a long story short, is that he's unhappy with the fact that I'm costing him money due to my use of an electric heater, and he wants me out. However, my tenancy doesn't expire till the end of March, so he's stuck with me till then. So I'd say his hope was that, if my housemate (a self-confessed former thug who was once thrown out of anger management for being too angry!) attacked me, I might decide to leave before then...

 

Jeff

 

Yes it would seem that way.

Proving this of course would rely more or less totally on the support for you from those he has been using.

This is also looking like harassment.

Has the landlord got an agenda here?

[NewSAHD]

Couldn't make this up... and idiot Landlord's like this need careful 'management' too

 

Be prepared to move sooner than later though, for if he is behaving in this way, where else is he in skimping on what is legal, right and proper? I mean this in terms of basic H&S type issues too, such as Gas Safety and the like

 

Also, would the property be classified as a HMO (House in Multiple Occupation)? The rules and regulations are more onerous on Landlords for such properties

 

I'm a little hesitant to suggest the following, but have you considered contacting

 

- the Police to more formally record what has happened - have your fellow flat mates in attendance, if you can, and keep it polite, sensible, factual and to the point (I'm sure there was a post here not so long ago that covered how to go about this)

 

- contacting the Local Authority too, especially if this IS a HMO

 

Lastly, did you pay a deposit and is it protected? Do not ask the Landlord about this, if you are uncertain at all about this, post back on CAG

 

Hope all that helps and good luck

[JeffW]

Thanks NewSAHD

 

I did consider reporting the matter to the police. But I'm not sure it would achieve anything, and it might escalate matters. I think that, if my landlord was going to arrange for someone else to attack me, he would have done so by now. If my housemate had attacked me, he could have said 'This is a private dispute between these two guys. I never encouraged any violence'. But if a bunch of guys come around and beat me up, it would be harder to argue that someone hadn't arranged for it to happen!

 

As for gas safety, etc, my landlord plays things by the book, so there shouldn't be a problem there.

 

I didn't pay a deposit - I just paid a month in advance when I moved in.

 

Cheers

 

Jeff

 

Couldn't make this up... and idiot Landlord's like this need careful 'management' too

 

Be prepared to move sooner than later though, for if he is behaving in this way, where else is he in skimping on what is legal, right and proper? I mean this in terms of basic H&S type issues too, such as Gas Safety and the like

 

Also, would the property be classified as a HMO (House in Multiple Occupation)? The rules and regulations are more onerous on Landlords for such properties

 

I'm a little hesitant to suggest the following, but have you considered contacting

 

- the Police to more formally record what has happened - have your fellow flat mates in attendance, if you can, and keep it polite, sensible, factual and to the point (I'm sure there was a post here not so long ago that covered how to go about this)

 

- contacting the Local Authority too, especially if this IS a HMO

 

Lastly, did you pay a deposit and is it protected? Do not ask the Landlord about this, if you are uncertain at all about this, post back on CAG

 

Hope all that helps and good luck

[NewSAHD]

"it might escalate matters"

 

Yes, kind of with you on that one, not sure what you can do - especially if you are intending to stay too

 

Best of luck though and hope you find a way through it all

[JeffW]

Thanks. I'm sure I'll be fine.

 

There are currently at least two people in the house most of the time, so the landlord would be taking a big risk if he were to send someone around to attack me, particularly as I have to leave by the end of March at the latest anyway.

 

Jeff

 

"it might escalate matters"

 

Yes, kind of with you on that one, not sure what you can do - especially if you are intending to stay too

 

Best of luck though and hope you find a way through it all

[NewSAHD]

Jeff, last comment from me, for now, but I've got to say I'm a bit bemused by your Landlord

 

He does everything by the book, but behaves in a very peculiar way against you, over what is - arguably, perhaps - trivia? (i.e. how much electricity is really being used here?) Is there some issue here, of which you are not aware, such as the Landlord having, say, serious money worries?

 

You may never know, of course, so if you're going to stay good luck and hope it all works out...

[JeffW]

Possibly, although he drives a very expensive looking 4x4, so I'd say my electricity usage isn't causing him serious hardship!

 

I think he just thought that, if the ex-thug did attack me, the police wouldn't take seriously his claims of provocation, given that he looks like Raoul Moat and has a similar sized criminal record!

 

As an aside, I think my landlord is in the position that many landlords are in, in that realistically he can't sell his houses quickly, at least without selling them for far less than he would like. So when he has tenants who are at home during the day and the weather is freezing, it's going to cost him an arm and a leg! But he only has himself to blame for not putting an excessive electricity usage clause in his tenancy agreements!

 

Jeff

 

Jeff, last comment from me, for now, but I've got to say I'm a bit bemused by your Landlord

 

He does everything by the book, but behaves in a very peculiar way against you, over what is - arguably, perhaps - trivia? (i.e. how much electricity is really being used here?) Is there some issue here, of which you are not aware, such as the Landlord having, say, serious money worries?

 

You may never know, of course, so if you're going to stay good luck and hope it all works out...