Need help with rent and deposit information

[rcobbold]

Hi there,

 

Thanks for the reply. Is that acceptable james? As long as my rent is paid within a few days making it only 3 weeks and as I am paying a month in advance then the fact my contract may now be a periodic tenancy then it is the same terms as the AST I originally signed and as long as rent is not 8 weeks in arrears he cannot do anything?

 

(Also that clause I had posted on the first page about the 14 days rule, does that break the periodic tenancy agreement?)

[Snorkerz]

The landlord will still need to get a court order to evict you.

 

If you have 2 months rent unpaid, he can issue a s8 ground 8 - and if you still owe so much at the hearing, the judge has no choice - bye bye.

 

If you have even 1p rent unpaid, he can issue a s8 ground 10 - if you still owe rent at the hearing, the judge has to decide if your actions are sufficient to warrant evicting you.

 

Alongside oth of those, ground 11 is usually used - repeated late payment. Again the judge has to decide if your actions are sufficient to warrant evicting you.

[rcobbold]

I just called Shelter who went through my contract with me, explained he can issue a 14 days notice in which after he has to get a repossession order. I have made a formal complaint for the harassment of the landlord with the council and informed the landlord when the rent will be paid and apologised for the lateness this month.

[rcobbold]

Need urgent advice. My landlord is now ignoring me and his father, the house owner, is now in charge and threatening me with late fees.

 

Edit: I have the text message as follows saying "If there is more delay then there will be extra delay costs of 60 late fees"

 

Edit 2: I've spoken to Shelter, advised me to call the police if harassment continues on the property, I've asked several times to be contacted in writing now which the council are handling. I have made a formal apology to both him and his son and they are ignoring it and threatening late fees which council are handling.

 

Big thank you thus far from Shelter and anyone else helping out. I understand I am sounding like a bad tenant having late rent but I really cannot help it this month and already will pay the next/final month in advance which he seems to ignore.

Edited August 10, 2012 by rcobbold

[raydetinu]

he cannot add late fees unless they are in the contract!; however reasonable extra costs due to being late with rent can be made, which you eother accept or challenge and he will have to take you to court for a judge to decide.

If he does keep harrasing you then call the police, text messages, calls wont count unless excessive; block the calls/messages if you have a phone that does that, or tell him to put it writing.

[Guest jamesatshelter]

Glad that Shelter has been helpful rcobbold.

Keep in touch with your adviser as the issue develops.

Good luck

[raydetinu]

would be useful to know what advise shelter has given OP, to help others and regular contributors!

I Know shelter are the most experienced and useful in dealing with tenancy issues, however this is a forum for help and advice and welcome Shelters input and direct advise, but dont want op's problems to dissapear once james has been involved.

Any other thoughts!!!

[rcobbold]

Shelter has advised me that as it is still verbal he can only follow the AST still having run out and on rolling until September. That he cannot contact me unless in writing as I have politely asked and that I have the right to call the police if he harasses me further.

 

In fact I have a text from him now saying "I will see you tomorrow" and in the tone he used it when I asked for written contact only it meant he will keep knocking on the door, he is ignoring the fact I want no text/phone calls or knocking on the door having been how he is.

 

Anything I can do other than call the police if he does it tomorrow?

[rcobbold]

Council are busy so waiting a call back just had this from landlord: "i will see u face to face. I dont take any any **** of anyone"

[raydetinu]

If he does come around, then you must call the police; potential breach of the peace and harrarsement.

You can alos warn him that his actions are a breach of your quiet enjoyment under the Landlord and tenant act. and if he persists it would imply harassement under the prevention of eviction act; which is a CRIMINAL offence.

[rcobbold]

Police just got involved, waiting for them to pass to my local police to go further and waiting on a call.

[rcobbold]

This landlord is a genius. Council called me about calling him and he denied coming here last night, I said oh really? I have Police coming here at 1 pm to take statements because he came last night. And the best bit about him denying he was at the property last night? He moved a tenant in so clearly WAS here.

[rcobbold]

Need some advice again on the same thing, tenants AST ran out so its on a rolling now, she is 6 weeks late with rent as lost her job but has a new one and will be paying him in 2 weeks, two months rent she owes plus another month and he is trying to evict her. He has issued no eviction notice, not gotten any S8 or S21 forms whichever and keeps banging on her door - he is ignoring the fact she lost her job and threatening her. Council are not getting involved any more as what she told them he lied about so she has a notice saying they will not deal with it and the police a report number but will not do anything unless he enters her room.

 

Any advice on whether she can be removed or not without the notice from him and repossession orders or whatever?

 

Thanks!

[raydetinu]

see post 27.

[rcobbold]

OK thanks, same applies to mine as theirs then.

[rcobbold]

Hello,

 

The landlord just tried unscrewing my bedroom door of a shared property. I have half a handled unscrewed called the Police and he did a runner, they informed me to contact a solicitor and make a complaint. I have taken pictures of this and he is now hounding me by phone. I have been told by the Police to ignore him and if he tries again to make entry or harasses me at the property to call the Police again.

 

Can I get some help on what to do with this or a solicitor to contact as I am highly stressed at the situation now, making me lose sleep and scared to even leave the room.

 

Thanks.

 

Update: Shelter called and awaiting a call back tomorrow.

[BRIGADIER2JCS]

Why is the LL doing this??

[rcobbold]

Late rent payment which I have spoken to in length last night to explain it will be paid on the 21st and he is ignoring. I explained the issue and said that if he feels he should do it to take action and issue the proper notice which he ignored. Police now attending the property now too as he will not leave and pictures taken of the door handle where he tried to force entry.

[45002]

Why is the LL doing this??

 

Think it's clearly what LL is trying to do !

 

Late rent payment which I have spoken to in length last night to explain it will be paid on the 21st and he is ignoring. I explained the issue and said that if he feels he should do it to take action and issue the proper notice which he ignored. Police now attending the property now too as he will not leave and pictures taken of the door handle where he tried to force entry.

 

Good you got the police on the way sounds like he is trying to Illegal evict you with out a court order,problem with the police they think Illegal eviction is a civil matter,No Criminal offence LL can in serious cases go to prison for up to 2 years or fines or both,Plus Civil action at the County court for damages....Protection from eviction act 1977 http://www.legislation.gov.uk/ukpga/1977/43

 

Harassment too is a Criminal offence...Protection from Harassment Act 1997 http://www.legislation.gov.uk/ukpga/1997/40/crossheading/england-and-wales

 

You need to contact your local council housing dept "TRO" Tenancy Relation Officer on Monday 1st thing or a Solicitor

 

About your tenancy,where does your landlord actuality live and date you moved in,have you got a AST contract what date does it say rent should be paid on,did you pay a deposit and was this deposit protected under government scheme ?

 

rcobbold:Keep a diary of times,dates of what LL has done record your meetings with LL if you can on phone, if possible take pictures for evidence that could be usefully.

Edited September 16, 2012 by 45002

[45002]

 

About your tenancy,where does your landlord actuality live and date you moved in,have you got a AST contract what date does it say rent should be paid on,did you pay a deposit and was this deposit protected under government scheme ?

 

 

PS.

 

Please read OP previous thread http://www.consumeractiongroup.co.uk/forum/showthread.php?359552-Need-help-with-rent-and-deposit-information

Edited September 16, 2012 by 45002

[rcobbold]

Hi there,

 

Currently I am getting advice and waiting for a call on legal aid having spoken to shelter. They advised me that cutting off the services to get at me is illegal which also has affected the rest of the tenants in the House. I am awaiting a call back to hear my rights about him trying to enter my room and also disconnecting services which I had just myself seen this morning he has done and taken photographs as proof.

 

I'll report back when I can, thanks.

[raydetinu]

These acts are an offence under the prevention of eviction act and are criminal offences; you nshould report thhese to the police and they should act to prevent or caution and could possibly charge the offender.

[rcobbold]

Police told me not their issue several times, waiting for someone to call to advise me on action to take ^^

[raydetinu]

It is an offence, and harrassement and police should take action, speak to station officer in charge.

shelter will advise I am sure.

[rcobbold]

I have been advised that if he does it again call the police, my council person will contact me Wednesday to write to him explaining it all and warn him. I have been told to go onto emergency housing or something in case I find it an issue of harassment for living here and should get an emergency place if it goes too far and a legal team have given me a reference for legal aid if it goes to court to get help should the council need it Wednesday. Police are updated with this information and ISP has been contacted in regards to him illegally tampering with their product which the other house hold members are now filing complaints for breach of their AST for services.