Horrendous Landlord Issue - re Right of Entry/harrassment

[reallyhardup]

Took an AST in April - single mum and child - within 3 weeks I felt ill - clever child thought it could be carbon monoxide poisening symptoms so called Brit Gas emergency - he got his scanner out and detected leakage so condemned boiler and turned off gas but left hob on. 3 weeks later annual gas inspection due anyway. It failed boiler and flue. Landlord didn't want to pay out so had a go at fixing flue himself. British Gas wrote in a letter that he could fix the flue but not tamper with the gas. Landlord has been in and out of house some 2-3 times per week staying between 3-6 hours each time as well as British Gas who each time had to inspect his work. Each time it failed. It has failed approx 6 times now. British Gas refuse to quote him for repair because (a) too old so much they don't make the parts for it and (b) don't want to give a warranty for such an old boiler.

landlord managed to get flue from manufacturer but couldn't fix it together properly so he put sealant round the flue. BG failed it again. They were aghast. I was here every time. Area manager involved and all sorts.

Family have had very little enjoyment of property without boiler and have telephoned Local Authority and H&S Exec who have made a few waves but now landlord getting very aggressive with single mum demanding MORE access and making threats that if single mum doesn't let him have access then he'll just come in anyway, given that he is the landlord. Single mum says she has been more than accommodating giving him free and uninterrupted access without notice because of the severity of the case. Reminded that he has been coming to the house at all hours for the last 2 months as and when he felt like it. Single mum firmly believes landlord is trying to rely on a less intelligent BG man to pass the boiler, even knowing the possible consequences because he doesn't give a damn. Single mum also believes that he is trying to use the "tenant won't let me have access" argument because he doesn't want to spend the money. Question: 1. Am I ever in a position to say NO to more access? Can't I just insist he get a professional just as BG have told him. 2. I really am quite frightened of him so I am thinking of changing the locks, where can I go for a cheap locksmith?

[sparkles2010]

Hi sorry to hear your having problems, i had same problem a couple of years ago with my landlord, i indeed changed my own locks, which didnt go down well, but my lawyer said i was within my rights to do so.

 

IS it just a simple yale lock you need changing?

 

D o you have a friend or neighbour who could od it, only takes 10 mins from start to finish.

[reallyhardup]

Thank goodness at least someone came back to me.... rang around for a few quotes yesterday and they all approx £130 plus for doing it! crazy money!

[Jasper1965]

where can I go for a cheap locksmith?

 

Which area of the country do you live in?

 

You could try putting a free advert on gumtree.

[reallyhardup]

Petersfield, Hampshire

[reallyhardup]

Current Events:

Boiler was finally fixed in mid-September but there are ongoing problems with the hot water and boiler generally. Landlord served notice using section 8, 10 and 11 because single mum withheld rent. Single mum filed a defence and counter-claim for damages for landlord's failure under his repairing obligations and his reasonable time for doing said repairs. At hearing, judge did NOT grant possession to landlord but gave tenant time to serve and file a defence (Feb) - tenant claimed 200 days (with full evidence) of time she lacked as having quiet enjoyment etc., which amounted to the landlord owing HER money. Judge warned landlord that it would be a very costly exercise if he insisted on not compromising and going to court. Tenant did not query landlord's statutory right under section 8. Tenant wrote to landlord with proposal for cessation of proceedings (because she feared a CCJ) and that they should both drop their respective claims as tenant is moving out anyway. Tenant is still in situ but hopeful to find somewhere else before the next hearing.

[Lea_HTH]

Current Events:

Boiler was finally fixed in mid-September but there are ongoing problems with the hot water and boiler generally. Landlord served notice using section 8, 10 and 11 because single mum withheld rent. Single mum filed a defence and counter-claim for damages for landlord's failure under his repairing obligations and his reasonable time for doing said repairs. At hearing, judge did NOT grant possession to landlord but gave tenant time to serve and file a defence (Feb) - tenant claimed 200 days (with full evidence) of time she lacked as having quiet enjoyment etc., which amounted to the landlord owing HER money. Judge warned landlord that it would be a very costly exercise if he insisted on not compromising and going to court. Tenant did not query landlord's statutory right under section 8. Tenant wrote to landlord with proposal for cessation of proceedings (because she feared a CCJ) and that they should both drop their respective claims as tenant is moving out anyway. Tenant is still in situ but hopeful to find somewhere else before the next hearing.

 

Why would you withdraw your counter claim and defence when you appear to have a good case with regards to loss of enjoyment/disrepair? You can continue with your claim against the LL even if you move.

 

How much rent did you withhold? You are not actually entitled to withhold rent under a tenancy agreement - courts usually bypass this if money is withheld from rent and used to effect repairs - but that doesn't appear to be what you are claiming.

[reallyhardup]

At the time the landlord served notice it was the day the rent was due so I was 2 months in arrears - that was November. HB have withheld their payments to me because of this case so I am now 3 months in arrears. By the time it goes for a second hearing I will be 4 months in arrears. HB also refuse to pay the landlord direct even though he would normally be entitled to have it paid direct to him after 8 weeks arrears.

 

Thanks for telling me I can still sue even though I leave. I didn't know this. My stance is that I don't want a CCJ as a result of money order judgment thing so I was trying to appease the landlord in order to avoid this.

[reallyhardup]

I understand that I should not withhold rent but it wasn't actually ME withholding it, it was Housing Benefit withholding the rent due to me to pay to the landlord - if you get my drift.

[Lea_HTH]

At the time the landlord served notice it was the day the rent was due so I was 2 months in arrears - that was November.

 

Have you got the actual notice? What date was it served on? What amount of arrears have been referred to? Do you have the particulars of claim? Can you tell me what it says in no. 4©?

 

HB have withheld their payments to me because of this case so I am now 3 months in arrears. By the time it goes for a second hearing I will be 4 months in arrears. HB also refuse to pay the landlord direct even though he would normally be entitled to have it paid direct to him after 8 weeks arrears.

 

HB don't have any right to withhold the rent if YOU are entitled to receive it. Do you remain entitled to HB? Have they provided you with a letter stating that they are withholding it which states the reasons? If not, tell them to put it in writing. No judge will award possession on a ground 8 claim if the issue is due to housing benefit lawfully due not being paid due to no fault of the tenant - they would adjourn the claim in order for the HB issue to be resolved.

 

Thanks for telling me I can still sue even though I leave. I didn't know this. My stance is that I don't want a CCJ as a result of money order judgment thing so I was trying to appease the landlord in order to avoid this.

 

If you are lawfully entitled to the housing benefit, then you should claim it, ask it to be paid over to you and pay the LL immediately, or request that it be paid into the court to show that you do not in fact have rent arrears. You can make this part of your defence - inform the court that HB have withheld payment (have they withheld all four months as you stated in an earlier post that YOU withheld the rent?).

 

A possession order can be granted without the money claim element being heard where there is the potential for a counter claim to off-set the outstanding rent (sounds likely given the information you provided in much earlier posts). If the possession hearing takes place specifically ask the judge to adjourn the money claim until the counter claim is heard (it might take place at the same time as the possession hearing if you have filed and served your defence/counter claim already.