Nightmare Landlord

[The Carpet Cleaners]

You should now be reporting each and every incident to the police, as if it turns nasty, then you will have a chain of evidence..

 

Also you should now be recording every meeting and phone call.

[Welsh_Boy]

i am keeping a diary of all the events, so that i can recall them when the time comes. didnt really want to involve police at the moment as i dont think what has happened so far is "criminal" just unlawful. police would probably shrug it of as a domestic issue.

[raydetinu]

contact Shelter, they will advise and have solicitors.

Police will not shrug it off as domestic or civil; suggest you at least contact them and appraise them of the situation as confrontation may lead to a breach of the peace and tresspass etc. and of course harrassment

[Welsh_Boy]

right - spoken to the police who have taken a statement. They are keeping a dairy on file, as am I, so that if they kick off then they are fully prepared. Not expecting a visit from them today, but i know they will be coming over tomorrow night as they have already informed me that they are expecting me to have made a material start to move out for the weekend! yet again i have reitterated that they need to follow proper protocol.

 

Police have noted that the landlords daughter has been taunting my daughter on the school bus and that i am in regular attendance at the doctors for stress therapy... as its affecting my "mental health" they are more than happy to step in - their words, not mine. thanks for the advice so far people, thanks again

 

on the upside, i have found a chap locally willing to rent me a property. he doesnt have land to rent me, but has put me in touch with someone who does. hopefully we can make a deal and all comes together.

[raydetinu]

hop it all goes well in finding somewhere else; which is all you want 'time' to make non-rushed arrangements.

[Welsh_Boy]

righto - seen the police today and they have a note of everything so far. they have said that they will go over to see the landlord on MOnday and caution them against commiting a charge of harassment. There is suficient evidence so far to make a charge of harassment, but currently all i want to do is exist here quietly for th enext two months so i can move out.

 

I do worry that by the police seeing the landlord may stir thing sup even more. One thing that did worry me, is that the policeman informed me that if she alleges that rent is owed (likely as we cant agree on the correct rent figure - lease says one thing she says another) then they has the right to break into the property and sieze goods to the value of rent owed.

 

Now i am sure that cant be true unless they can prove the amount of rent owed (if any) and get a court order, then use a bailiff? am i correct or am i wrong? do i need to start worrying that they will come crashing through my door now?

 

Advice welcomed as always

[raydetinu]

of course they cant, without a court order! we have had this tale on here before they really should be more educated. ( police actually assisting in repossession of cars and property by companies without any authority to do so )

I would nip this in the bud now with them, as they may just walk away if LL alleges that and PC plod under that impression, mistakenly.

suggest you spaek to duty inspector and tell them cannot let someone enter a property and seize stuff ( suugest they check law ), even if money owed without a court order.

that would be one step forward and two back.

[Ed999]

My comments only apply if the premises are entirely within England and Wales.

 

 

Distress for Rent

 

It needs to be borne in mind that this is not a Housing Act tenancy. For the reasons previously described, it may be a farm business tenancy.

 

If there are rent arrears a landlord has the common law right to distrain for rent - basically, to seize goods on the premises being let which belong to the tenant, and to sell them to recover the rent due. You must obtain advice from a Solicitor: there are various technical legal requirements which the landlord might fall foul of.

 

 

Distraining for rent may soon be abolished, and replaced with a new statutory scheme for the recovery of commercial rent arrears. This will reduce the powers available to a landlord, but has not yet happened.

 

Distress for rent is to be abolished under Part 3 of the Tribunals, Courts and Enforcement Act 2007, section 71. A new statutory regime is being created for commercial premises (commercial rent arrears recovery). For residential premises, the remedy is abolished altogether; currently it is restricted by section 19 of the Housing Act 1988 in Housing Act tenancies (but you don't have such a tenancy).

 

However, as yet section 71 is NOT in force!

 

 

The common law rules governing distress for rent are summarised at:

 

• http://www.4rbusinessrecovery.co.uk/faq/?show=10