Landlord wants me out before i have even moved in!

[talloolah76]

Hi Everyone, i hope you are all well.

 

I'm in a really difficult situation with my new landlord and as it has the potential to leave me homeless im a tad concerned.

 

A few weeks ago i found a lovely property, went and viewed it, agreed with landlord, signed the contract, paid my deposit (landlord did not want rent in advance) and gave one months notice to my current landlord.

 

While showing me round the property the new landlord told me that he had one other person who had been interested however as they were not available to move in for a couple of months he was happy to let me have it as I could be in sooner. He was also happy to offer it to me cheaper than the original asking price.

 

i work long hours so i have had to move my things over slowly, which i have been doing.

 

Over the last few days the new landlord has been texting me telling me that he has now changed his mind. Apparently he has been into the house (after contract was signed) and shown the other interested tenant i mentioned previously around again and they are happy to move in sooner and pay the original amount for the rent.

 

He says that i can have my deposit back so that isn't an issue but it means that i am now finding myself without a home.

 

I have tried to talk to him but he will not listen and to top things off, today he texted me and threatened to turn up at my work if i do not return the keys.

 

I've had a look on line and think that this may qualify as an illegal eviction; i also think his behaviour, in that he is threatening to turn up at my work is some what harassing.

 

Am i correct in this?

 

I would be most appreciative of any advice anyone can offer to help me deal with this situation and where i stand legally.

 

Thanks in advance for any help anyone is able to offer.

 

Tally x

[renegadeimp]

Doesnt matter. You signed the contract, as did he, the agreement is in place, so its now your residence until you give it up, or your tenancy expires. That text can be construed as harassment and threatening behaviour. Also demands with menaces. All which can be dealt with by the police if he follows through.

 

He can NOT force you out without going through the courts. However, you need to ask yourself, do you really want to stay there when you have a landlord that is acting like this?

[talloolah76]

Hi Renegade, thank you for your help.

 

You are correct, he has now really shown his true colours and i do not want him as a landlord. My current landlord has already lined someone up for this property though and as i have to be out shortly it would leave me homeless and so, as far as i can see, i have no option but to live there until i can find somewhere else as soon as possible.

 

Sadly i am now confident that he is not going to listen, i text him again today (about 20 mins ago) advising him that he had no right as we were now in contract, i also advised him that i do not have to hand over the keys and that if he turns up at my work then i will consider this to be harassment.

 

His reply to this was that he was too wise for that and that he "will be at your work tomorrow for the keys".

 

Im a bit worried if he does turn up and unsure what i would need to do

 

Thanks for your reply

 

Tally x

Edited March 27, 2013 by talloolah76
added more info

[matt v atos]

You signed the contract, as did he, the agreement is in place, so its now your residence until you give it up would think the keys are yours

[renegadeimp]

If he continues to harass you, i would advise going to the local police station and having a word with the sergeant there, not the front desk reps who are civilians.

[matt v atos]

How long was the contact for, don't think you said !

[citizenB]

You might want to have a word with Shelter (they dont just deal with Homeless people ) to see if you are protected in this - obviously you had signed the contract so he might well be in breach of that.

 

http://england.shelter.org.uk/get_advice

[talloolah76]

Hi Everyone,

 

Ive had to come home from work as he turned up, even though i sent him endless text messages advising him this was harassment.

 

He says he called the police before turning up and they told him that he is allowed to turn up once and that would not be considered harassment. He also says that if i refused to give him the keys then the police have told him to call them and that they will come to my work and take me to get the keys.

 

I have no idea how this can be; i have a signed contract and he is effectively using the police to assist him in carrying out an illegal eviction.

 

Ive had to come home as this has really knocked me about, he stood shouting at me while i was in tears outside the front of my work, everyone else came out and stood watching.

 

Any help would really be appreciated, im pretty desperate at the moment.

 

Thanks everyone

[sequenci]

Call Shelter NOW 0808 800 4444 (Please).

[talloolah76]

Hi Sequenci

 

I have called Shelter, after asking a few questions about my contract then they have said that it is 100% an illegal eviction. With regards to the police, they have said that if he has really contacted the police and if they get involved and force you to hand over the keys then i would be able to make a claim for compensation against them as they technically are assisting him in committing a criminal offence.

 

They didnt really say much about the harassment, i asked if he could just turn up at my work when i have advised him not to but the woman said that she was not sure about that.

 

I did agree to meet him later to give him the keys back, simply because i was terrified at work and i couldn't risk the police turning up due to the further embarrassment it would cause but im still not sure if i should or not; Shelter say that i dont have to give them back to him but im worried that he is just going to turn up again tomorrow.

[sequenci]

If you live near a Law Centre they might be able to help you bring a claim against the landlord for breach of contract (amongst other things):

 

http://www.lawcentres.org.uk/

 

You are entitled to AT THE VERY LEAST your out of pocket expenses caused by the breach.

[talloolah76]

Thanks for that sequenci, its much appreciated.

 

Right, ive calmed down a bit now thanks to a small vodka (please dont judge me for daytime drinking, lol)

 

Ive called in and booked tomorrow off work and i am now going to text him to say that i am not handing over the keys. I will tell him that if the police do want to get involved then he can give them my number and they can call me or come round and see me tomorrow and i will show them my contract.

 

The way i see it is, assuming he is telling the truth about the police then the worst case scenario is that i have to give the keys to the police. Obviously if that then happens then i will be taking it further.

 

I will also advise the police that this is an illegal eviction and therefore he is committing a criminal offence. I will also advise them about the harassment and show them the text messages, etc.

 

You know im digressing a little but ive just been looking through my contract and noticed that on the part on the front, where he is supposed to supply his address and contact details he has put the address of my property.

[citizenB]

 

Right, ive calmed down a bit now thanks to a small vodka (please dont judge me for daytime drinking, lol)

 

Ive called in and booked tomorrow off work and i am now going to text him to say that i am not handing over the keys. I will tell him that if the police do want to get involved then he can give them my number and they can call me or come round and see me tomorrow and i will show them my contract.

 

The way i see it is, assuming he is telling the truth about the police then the worst case scenario is that i have to give the keys to the police. Obviously if that then happens then i will be taking it further.

 

I will also advise the police that this is an illegal eviction and therefore he is committing a criminal offence. I will also advise them about the harassment and show them the text messages, etc.

 

You know im digressing a little but ive just been looking through my contract and noticed that on the part on the front, where he is supposed to supply his address and contact details he has put the address of my property.

 

 

That might be another question worth asking Shelter, talloolah.

 

If the police do turn up, then you can suggest they speak to the advisor at Shelter.

 

Sounds like you deserve a large vodka

[sequenci]

Probably thinking a little bit outside of the box here but if that's the address he's given, and action is brought against him then that's a legitimate address for the servcie of documents!

[talloolah76]

That might be another question worth asking Shelter, talloolah.

 

If the police do turn up, then you can suggest they speak to the advisor at Shelter.

 

Sounds like you deserve a large vodka

 

You do realise that as you are part of the team on a leading advice forum that i now have to follow your advice to the letter and actually have a large one; its practically the law, lol.

 

I did ask that of shelter and they have said that i am under no legal obligation to return the keys; they also advised me to be careful if i do because he may try and suggest that by doing that i actually surrendered my tenancy.

[sequenci]

I did ask that of shelter and they have said that i am under no legal obligation to return the keys; they also advised me to be careful if i do because he may try and suggest that by doing that i actually surrendered my tenancy.

 

That's actually my worry too. That by handing them back you agree to recind the contract.

[talloolah76]

Probably thinking a little bit outside of the box here but if that's the address he's given, and action is brought against him then that's a legitimate address for the servcie of documents!

 

Hi sequenci,

 

Yeah that certainly is an interesting one. I find myself wandering if that address would satisfy the relevant legislation and if i was living there, i would essentially be posting it to my own address which then brings up the question, would i, as a tenant have a legal obligation to inform him that a letter has come for him, from me, lol.

 

I wouldn't like to second guess the courts but surely they would refuse to see that as a valid address for the purpose of the legislation it relates too.

Edited March 28, 2013 by talloolah76
wrong person in reply

[talloolah76]

Right, bit of an update but nothing special really.

 

I have texted the landlord 3 times and asked for the contact details or at least a name of the police officer he spoke to who advised him of this.

 

The first text he replied to saying "are you not going to give me the keys then" and so i just repeated the same question two more times but he has not replied.

 

Im not sure but i think he may be lying about the police and so i am going to call them in the morning and see if i can get any more information; I'm sure that if this is not the truth then the police will be very intetested to to hear that he has been essentially using them as a tool to carry out an illegal eviction.

 

I will update tomorrow as soon as i know more but in the meantime, thank you so so so much for your help and support.

[talloolah76]

Hi Guys.

 

Just had another text and email from the landlord saying the same thing... ive copied and psted it so its verbatim.

 

"Just spoke to the police, it's recorded and logged and I'm formally telling you your items are outside now and they need to be collected tonight. It's also the night then bin men come and I genuinely don't want your stuff to be taken. I'll be up here now if you want to come and collect them."

 

 

What do i do this seems to be getting more serious by the hour.

 

 

If anyone could assist.

[leigh04]

can't you ring the police yourself to see if a report/log has been made regarding your situation.

you may find the landlord using scare tactics

[matt v atos]

Could be his way of getting hold of the keys ! or somehow got in or changed the locks himself as he is not asking for keys any more !

[northernbloke]

This landlord sounds like an absolute shyster. OK, he's got a better offer from someone else, but you have a contract and have paid a deposit so it's just his tough luck. You are the one in the right here! I have to wonder though whether the police would be interested in what is a civil matter. I think he's just trying to intimidate you.

[renegadeimp]

Wonder if he realises you can sue the beejesus out of him and possibly have him imprisoned.

 

Can you get to a police station and talk to them. SHow them the texts and tell them you are genuinely afraid.

[northernbloke]

Yes go see "plod" and mention Section five of the Public Order Act, which covers harassment and threatening behaviour.

[renegadeimp]

And by speak to the police, i mean speak to an actual officer or sergeant. Not the civilian front desk reps.