Are they allowed to harrass me like this?

[Coleus]

Hi

I hope this is the correct forum for my post.

I'm a private tenant and have been in my current property under a Statutory Periodic Tenancy for six years. Last year, due to illness that prevented me from working for 4 months, I fell into rent arrears. The letting agent has now served me with a Section 8 Notice using ground 8 for more than 2 months rent arrears and also grounds 10 & 11.

The notice period has now expired and the letting agent begun court proceedings a couple of days ago.

The letting agent periodically shows up unannounced at my property to "check on me". He keeps telling me I have to get out within the week. He tells me the courts will be "at your door to sell your goods." There's generally a lot of intimidation going on. He repeatedly tells me "I want you out of here NOW." The letting agent also told me there's no point me bothering to attend the court hearing and that I just need to get out within two weeks max. But the court hasn't made any kind of ruling yet. We haven't even been given a court date yet.

 

Call me naive but since they've now begun legal proceedings isn't this a court matter? I am endeavouring to actually clear the arrears before it even gets to court. Does the letting agent have the right to keep harassing and intimidating me? He says he'll be back again to urge me to get out.

 

What are my rights here?

[renegadeimp]

You need to report the agent as they are flat put lying to you and issuing unwarranted threats. When you go to court, make sure to tell them theis. It would help your case if you could record what they are saying, either by Dictaphone or camera.

[Coleus]

Thanks for your reply Renegade. Reading back through my post I realise that yes this is harassment. I only summarised it here as well. He just kept on and on saying, "I want you out by next week and I'll be back to make sure you ARE out."

 

Why doesn't he just let the case proceed through the courts?

[renegadeimp]

Because he's an idiot and is making unwarranted threats. You MUST stop worrying about why and start getting evidence. He is bordering on criminal harassment, if he hasnt already crossed the line.

[Coleus]

Thanks again for your reply. I'm also trying to get a handle on how long this entire process might take. That then gives me an idea of how long I have to do everything I can - even sell stuff on Ebay - to get the cash together to clear these arrears. Somebody told me the court date is usually 6 weeks to 8 weeks from the date the proceedings are started (my local court is quite a busy one). But nothing seems to be very clear.

[renegadeimp]

You will get ample notice from the court when your date is set. But whenever it is, you MUST get the evidence together. If possible, have a friend with you when the idiot decides to call around.

[Coleus]

I've got an appointment tomorrow with a solicitor specialising in tenant-landlord cases. He claims he thinks he can resolve my case in just half an hour???!

[renegadeimp]

Be VERY wary of solicitors who state that kind of thing. By all means go and see him, but remember, you still have the right to tell him to bugger off and go elsewhere for advice.

[Coleus]

The letting agent has been over again today, hammering on the door and demanding over and over again to be let in. I told him that his behaviour constitutes harassment. I told him that if he does not refrain I will have no choice but to report him to the police for harassment. He was also here yesterday again hammering on the door. Yesterday I made the mistake of opening the door. He says he will come back again tomorrow and that he will return every day until I have vacated the property. Today he said, "all bets are off!" and stormed away.

 

What should I do? I'm considering phoning the police

[renegadeimp]

You NEED to phone the police. Dont consider it. Dont take the front desk reps word that its a civil matter either. You need to get pushing forward with this, and if you have a court date ( you dont need to vacate the house until the court says), tell the judge everything that has gone on, and make sure you record everything.

 

If the agent is stupid enough to try and break in, then he's in for a world of problems and is likely looking at prison time for breaking and entering, tresspassing and possible burglary.