Landlord wants me out before i have even moved in!

[caro]

Agreed. Contact the police

 

Has your tenancy actually started? Others will probably be advise better on the LLs right to enter the property, especially in your absence.

 

Are the bin men working on Good Friday?

[sillygirl1]

Don't forget to report him to the local council, they are getting hot on landlords who do not treat tenants with respect - you could also get Environmental Health involved if the flat was in an 'unsafe' condition.

 

Hope you get this resolved quickly.

[talloolah76]

Hi Everyone.

 

My apologies for not updating this yesterday, i was on the go for most the day trying to get advice about various things and putting things in place to get this sorted.

 

Also before i start can i just say, thanks so much for all the support; your comments are not only helpful but are also really nice and it has helped a lot.

 

Right...

 

Spoke to Police, to be honest i was unsure where to call so I just called the non emergency number. They did say that there is not much they can really do but they did say they have no record of the alleged comments made to the landlord and that they would be very surprised if an officer did make comments similar to this. It has all been logged though, they haven't given me a reference number or anything but they did tell me that when i call again the officer will be able to see the history.

 

With regards to removing goods, I called Shelter again and they have given me some excellent information about the landlords obligations under the Interference of Goods act 1977. I'm pretty sure that him texting me and telling me my items are now outside is not going to fulfil the strict criteria so i am hoping that he is most certainly in breach as i got a friend to go down and most of it has now gone.

 

The Landlord has now communicated to me his position as i have repeatedly told him that this was an unlawful eviction, amongst other things.

 

He is now saying that as i was not residing there then this was not an eviction! he goes on to say that just because the contract is signed it does not make me a tenant and that to be a tenant i have to reside there. I have tried to look into this as its a bit confusing however i have been able to come up with the following that i think proves i am a tenant (im learning as i go with this so apols if i have it wrong):

 

 

• I was given the keys and exclusive access the same day i signed the contract. my text messages show that i met him on this date and that we did this.
  
• The contract clearly states that the tenancy will begin (the wording is commence) on that date. That date was 3 weeks ago.
  

I would think that if my agreement states that a tenancy commences on such a date then on that date i do actually become a tenant and not just a prospective tenant.

 

I hope i have that right.

[citizenB]

With regards to removing goods, I called Shelter again and they have given me

some excellent information about the landlords obligations under the

Interference of Goods act 1977. I'm pretty sure that him texting me and telling

me my items are now outside is not going to fulfil the strict criteria so i am

hoping that he is most certainly in breach as i got a friend to go down and most

of it has now gone.

 

What does this mean, he has removed your property and it is no longer available to you ?

 

 

 

He is now saying that as i was not residing there then this was not an

eviction! he goes on to say that just because the contract is signed it does not

make me a tenant and that to be a tenant i have to reside there. I have tried to

look into this as its a bit confusing however i have been able to come up with

the following that i think proves i am a tenant (im learning as i go with this

so apols if i have it wrong):

 

 

• I was given the keys and exclusive access the same day i signed the
  contract. my text messages show that i met him on this date and that we did
  this.
  
• The contract clearly states that the tenancy will begin (the wording is
  commence) on that date. That date was 3 weeks ago.
  

I would think that if my agreement states that a tenancy commences on such a

date then on that date i do actually become a tenant and not just a prospective

tenant.

 

I hope i have that right.

 

 

yes, I think you have.

[talloolah76]

Hi Citizen,

 

Yes thats exactly what it means, he threw my property out onto the street and text me to tell me to come and collect it before the bin men came. Im only assuming at the moment but im pretty certain people have just helped themselves and took it. I have asked him about, in fact, again, via text, i begged him to put it back in the house as some of it was left to me by my mum who passed away a few months ago but he just said no and told me not to contact him again.

 

I am actually devastated by what hes done but im trying not to think about it at the moment as i know i will crack up; im just trying to make sure he is held responsible for his actions.

[renegadeimp]

If he has done that then sue the living crap out of him, and also get the police involved as he has entered the premises illegally and stolen the items.

 

If the police do their job right here, he could be looking at jail time, compensation to you and a very hefty fine. Go to the police station and demand to speak to a sergeant or inspector. DO NOT SPEAK TO THE FRONT DESK REPS.

 

In my honest opinion now, you REALLY need to get professional legal advice as the LL has stepped over the boundary and committed criminal activity.

[citizenB]

Phew, methinks you are going to have to issue a claim against him - Breach of contract, unauthorised and possibly illegal dispoal of your property.

 

Will try and rustle up some help for you.

[talloolah76]

Thanks Citizen; Thanks Renegade.

 

I have accepted that it is now going to be a long haul process but to be honest the only thing that is getting me through at the moment is the thought of seeing him in front of a judge attempting to justify his actions, be it civil or criminal. I'm also due to be out of my property this coming Friday which obviously poses another issue. I'm hoping to speak to the Tenancy Relations Officers (advised by shelter) as soon as but obviously i am hindered by the bank holiday at the moment.

 

If it helps, Shelter have told me that him removing my property and putting it on the street is not criminal as the interference of goods act is civil.

 

I dont know if im clutching at straws here but does the fact that he made an unwarranted demand (the keys when i am a lawful tenant) with menaces (or i will turn up at your work) make this blackmail? If it helps, he turned up in his car with a gang of men, while he was having a he was with another guy who was a complete stranger while the rest looked on from the car.

 

I have also found out that he called my HR department before attending and told them a pack of lies, basically that i was withholding the keys from him. All calls are recorded so i have asked them for a copy.

 

One last thing; i know this sounds a strange thing to ask but this is a serious case isn't it? I feel that it is as i have lost so much, but i am not sure if im just thinking that because i am in the middle of it all.

[citizenB]

IMHO yes it is serious.

 

He has taken your money and signed a contract with you and then reneged on that contract.

 

He has disposed of your property

 

He has illegally evicted you.

 

He has threatened you.

 

I would definitely say all of that was serious.

[renegadeimp]

As i said, he could be looking at prison time here as well as a hefty fine AND compensation towards you for loss of the goods/stress/harassment etc.

[sequenci]

Shelter can help with all of this, they have a fab legal team.

[42man]

If Shelter can't help, then I suggest you go and see a solicitor, once this toerag sees a letter from a solicitor then he may change his tune, the fact he is also a compulsive liar to attempt to frighten you into yielding would not bode well in front of a judge. Did he secure your deposit too ?

[daisjami]

You dont have to go anywhere. Maybe you could arrange for the police to visit the property with you or just call them before you go there asking for assistance.

[daisjami]

Apologies for my last message hadnt read all the entire thread. Its gutting what hes done to you. You must have a case against him. He sounds like a horrible man. I would just gather as much evidence as you could, witnesses(people he called at your work, neighbours who saw your property outside) etc to make sure you win.