Landlord Harrassement

[22BlondMum]

Hi There

 

 

Not sure if this the right board for my question so sorry in advance if not. I'm single mum, I rent privately a 2 bed flat with my 7yr old daughter. I've been living in the flat 8yrs this year, I work pay my rent never been in arrears till unfortunately beginning this year 2015 I got put on 0 hrs contract.

 

 

I've stupidly fallen behind with the rent because of Housing Benefit issue which I said I will pay back but has to be in small instalments as only working 16hrs at the mo. I'm owing over 2 months about £1100.00, the Landlord just called yesterday to say he wants his flat back because of divorce and he needs to move back in.. I said fine but can he give me a letter to state this so I can bring to show the council.

 

 

OK, the problem is he keeps coming round unannounced for things like, he wanted something from the loft, and another time he said he come round to check if I still live here, another time he asked me out for a drink...sorry if I am all over the place but it's really stressing me out. I know it's his flat but is he allowed to do this?

[Guest]

afaik, generally, landlord has to give prior notice of a 'visit' to the rented ppty. if it is becoming personal, then maybe needs to be reported as harassment?

'move back in'? can you elaborate, what is the arrangement re the flat, you and the landlord. what type of tenancy agreement do you have, etc

[SabreSheep]

...

link removed, it was for scotland

[SabreSheep]

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/harassment_by_a_landlord

[Dot1]

Hi BM,

 

I am not an expert but I think the landlord can not just walk in as and when he wants.

 

He needs to give you notice before he comes. Giving you notice does not necessarily give him automatic right to come unless it is a very urgent matter.

 

Otherwise its got to be convenient to you before he can come. In other words, you have to agree with the visit.

 

As for having back his flat, depending on what sort of agreement you have but he will need to give you notice to enable you look for alternative accommodation.

 

From what you said, you have been living there for 8 years and I believe he can not just ask you to leave without giving you notice.

 

I am sure people with more knowledge in the area will come along and advise you.

 

Good luck

 

Dot

[christopherlaw]

It will be in your lease the conditions or circumstances when the landlord should be able to enter your property. It is usually to do with emergency situations only; broken pipes, fire etc.

It is unlikely the landlord will be able to evict you, even through the courts, inn the foreseeable future. Going to court is not a great strategy if you have savings, as you could shell out on lawyers fees at the end. If you do not, or your savings are low, this is the way go. There are various advice agencies. There are 3rd sector helplines like shelter but my experience of them was not good. There should also be advice centers connected to your local council and courts. In Edinburgh we have EHAP for court action, and the Advice-Shop is the advice section of the council.

Obviously each case is situation dependant, but i would approach this confidently. You have a child so it will make it even more difficult. Your a long term tenant and the only reason you have fallen behind is due to work situation and councils incompetence. For example, my current housemate was paid 5000 pounds by his previous landlord to leave a property. His wife had just become pregnant at the time.

[SabreSheep]

Unfortunatly the advice given by Chris may not be accurate when it comes to eviction.

 

What kind of tennancy do you have

 

Are you in England and Wales.

[SabreSheep]

As far as I can tell,

 

A Mandatory reason for eviction is 2 periods of rent arrears if the LL took it to court.

 

The LL could also serve the appropriate notice as stated in your T agreement and then seek possession with the court.

 

A Court can ONLY delay eviction on mandatory grounds for a maximum of 6 weeks (which are dependent on any issues of vulnerability)

 

As for the unscheduled visits, you should be making notes of these and maybe send a letter requesting he stops. Keep a copy of the letter with proof of postage and proof of delivery. If eviction were to be sought under discretionry terms, you could counter with harassment if you have the proof.

 

*IF* you are an assured short hold tenancy that has rolled into a periodic one, then sadly the LL can issue a section 21 with the correct 2 months notice which will form a mandatory grounds for eviction.

 

To help with appropriate detail, we need to know your tenancy type.

 

Until he provides a written notice to quit, there are no worries regarding eviction. When/IF that arrives, please post up what the notice says (Minus personal details) so people can check to see if the grounds and notice are valid.

 

Also bear in mind, my advice applies to England and Wales, not Scotland so let us know f you live "Up North"

[22BlondMum]

Hello Again

 

 

Excuse me for the late reply, I am not ignoring people I'm using computer at work. Thank you for your help, I forgot to give more specific info regarding my tenancy. I have looked at my tenancy document and yes I am an Assured Short hold Tenant, the landlord never has renewed it though since 2007. The relationship between the landlord and I is purely business we are not related or anything like that.

 

 

He has given me written notice that he would like to move back into his flat because he divorced and needs somewhere to live. He said in the letter that he is giving 2 months notice but flexible to wait longer for me to find somewhere else. He said he's not evicting me because of the arrears and I've been a good tenant given no trouble. I even decorated a bit with painting and putting up blinds, wallpapered my bedroom just small stuff like that.

 

 

I'm just concerned about he keep coming round, I don't like it because sometimes i'm in my dressing gown when he shows up and I feel obligated to allow it because I owe him money. I don't want any confrontation or any issue about going to court to get eviction papers, I think then he might turn nasty, change the locks on me or something. I am worried about me and my daughter if the council can't help, I don't have that sort of money to fork out for rent deposit i'm in London.

[Guest]

prior notice of a visit is still required. if its personal, then poss harassment.

never renewed? then maybe continue eg

 

'After this period comes to an end, if you and your landlord want to extend the tenancy you may:

• be asked to sign up for another fixed number of months, or
  
• extend the tenancy on a rolling basis, from one week or one month to the next, without signing a new tenancy agreement.' http://www.adviceguide.org.uk/england/housing_e/housing_rent_arrears_e/assured_shorthold_tenancies_and_rent_arrears.htm
  

some info with linked info https://www.gov.uk/private-renting-tenancy-agreements/overview

[SabreSheep]

OK so short hold tenancy has become a periodic short hold tenancy.

 

It is vital you scan up a copy of the letter he has given (remove personal details)

If his notice does not meet the standard of a section 21 it will not be enforceable in court.

[speedfreek]

I have looked at my tenancy document and yes I am an Assured Short hold Tenant, the landlord never has renewed it though since 2007.

 

 

He has given me written notice that he would like to move back into his flat because he divorced and needs somewhere to live. He said in the letter that he is giving 2 months notice but flexible to wait longer for me to find somewhere else. He said he's not evicting me because of the arrears and I've been a good tenant given no trouble. I even decorated a bit with painting and putting up blinds, wallpapered my bedroom just small stuff like that.

 

1, and this is very important when did the last fixed term end in 2007 before or after April 4th 2007? Also did you pay a deposit and was/is it protected?

 

Potential Superstrike if after 4th April!

 

2, with it being a periodic tenancy the landlord could use either a Section 21 notice or Section 8 notice; one of the section 8 grounds is the owner wanting to move back into the property to live.

 

It'll be 2 months from service of the notice (if it's correct) before he can file for possession hearing in Court. On top of that there's the wait for a Court date and then the judge 'may' award you upto 40 days stay on the eviction date from that point.

 

 

To be honest if he gets his notices right the best you can hope for is to delay things by forcing them to go to Court etc as eventually he will be successful. Your Council (although they shouldn't) will probably tell you to wait right until the point you are physically evicted. This will cost you (unless it's changed again) £250 Court fee and maybe solicitors cost on top as well.

 

You need to get pro-active an evaluate your options. Also you need to get those notices checked out for correctness urgently as if they're valid you have to act.

 

1, contact the Charity Shelter - it's free phone and see what they say. They're very good and will help advise you on time scales and what you can do/get via your Local Council.

2, visit the Council - Think it's Tenancy Relations - and explain your landlord wants to evict you and get on the Housing waiting list etc

3, see or keep the number of a Local Law Centre or CAB handy.

 

Given the state of Council temporary accommodation and waiting lists if you can look and find somewhere new then it really is in your best interest to do so. You've got quite a bit of time so.....

 

 

As for the harassment it sounds like he's being passive aggressive. Record it and get advice on how to nip it in the bud quickly as it will escalate. My landlord tried this knocking on my door for a chat business - I let him in once which was a big mistake then told him NO! Then just didn't open the door or even acknowledge he was there after that. Change the locks if feel unsafe - just remember to put the original locks back when you leave.

 

 

You may also want to get this thread moved into the more busy Residential and Commercial lettings/Freehold issues section of the board by reporting it to a Mod via the little triangle icon to get my advice checked out and more answers/suggestions

[caledfwlch]

A Landlord should give 24 hours notice before calling.

 

If he is starting to make it "personal" wanting you to go out for a drink etc, then you could go to the Police and ask for a Harassment Order.

[fad460]

I think you should report the landlord if he keeps on doing that! He is not allowed to visit you whenever he wants to! There is a permission involved in it in a form of notice.