Can I take my Landlord to the small claims

[thecookiemonster]

Yes it's him as you can see from the window who exits the building. He's desperate to come and empty this meter.

 

He doesn't need to be coming here, I don't want him knocking at my door, his obviously ignoring my emails and instructions and about the deposit, the front door lock, the entering without permission, the harassment which it us starting to become.

 

I will be informing him again not to come here without permission.

[mariner51]

Sorry, you are creating some of the problem by not answering the door, no need to let him in. Have mobile on voice record.

Allow him to empty the coin meter, he needs proceeds pres to pay the electric bill. Use the time to ask who is Supplier and current charge per unit and can you switch to key card pre-payment meter as you don't often have £1 coins avail.

Also remind him in person of the requirement to give min 24 hr Notice for planned entry; otherwise you may soon receive s21.

[SabreSheep]

Incorrect.

 

The LL is re selling electric via coin operated meter's belonging to him (see post #49 ) and the main meter utilities supplier in LL name.

 

This will be covered by resale of gas and electricity ofgem https://www.ofgem.gov.uk/ofgem-publications/74486/11782-resaleupdateoct05.pdf

 

LL cannot charge more than the price he pays at the main utilities supplier meter, In other words LL cannot profit from resale of gas and electricity to a tenant.

 

If it was a normal meter fitted by utilities supplier, then a tenant can switch suppliers to find the cheapest deal...

 

 

Well I just learned something new

I would now be investigating whether OP had been overcharged!

 

Also In regards to the OP receiving a section 21. IN this case it may help the situation. OP wants to leave but cannot just walk or risks being found intentionally homeless.

[thecookiemonster]

He doesn't need to empty the meter it's almost empty, even the police agreed when I showed a pic, he's been in several times emptying that and I believe it's been emptied in the last few days so he's not coming in.

 

I've made things very clear again, I've informed him anymore just turning up will be regarded as harassment and 14 days to either protect or refund my deposit or legal proceedings will start.

 

If it turns up anymore I will report it as harassment which it is. The front door still has no lock, I am going hopefully going to see a Tenant Liaison Officer this week.

[CrappoMan]

Have you asked why he needs to empty the meter so often ?

 

Even emptying it weekly seems excessive if it has less than £10 put in each week.

[thecookiemonster]

No but I should have, regardless of that, it wouldn't need to be emptied any more than once every 2-3 months with the amount that is going in at the moment which is probably £24-£28 per month.

 

Have you asked why he needs to empty the meter so often ?

 

Even emptying it weekly seems excessive if it has less than £10 put in each week.

 

And if it's emptying it so often, how many times has he been in here without permission?

 

He knocked again just now so he's ignored an email yesterday and another today with me clearly stating the situation and is just turning up thinking he can still do what he wants, this is harassment.

 

I've informed the police via phone who have reopened the incident and are now in the process of dealing with the landlord.

 

Hopefully that will put a stop to this.

 

Going back through my emails from the Landlord last week, he stated:-

 

"I will contact you next week about emptying the meter, I normally empty the coin box which has a lock on it at random times"

 

Isn't this admitting he has entered without permission, I thought he meant something about the lock at the time but reading it back it seems he is saying I empty it at random times.

 

The police have come to see me today, they are going to talk to him and inform him that as a Landlord he has to do things in a certain way.

 

He emailed me several times over the weekend but he has only admitted being outside my property trying keys today, I think he's been thinking about what to say to try and cover himself but isn't that also admitting trying to gain entry?

 

He has admitted trying keys for the additional lock Friday night when I wasn't here and without notice or permission, also he didn't change the main lock until Saturday afternoon, I changed it again on the Sunday as advised by the police so that he didn't have a key.

 

Weird thing was he emailed me this morning, reckons his email has been playing up but that hasn't stopped him from harassing me via email to come in and check the meter but anyway he said this today.

 

"I apologise for not getting back to you sooner only my e-mail has not been working

 

I am sorry we seem to be having confrontation over access to your flat as I have told you I have not gained entry with out your permission

I have not emptied the meter box since you moved in.

I am concerned you feel somebody has been in your flat and that is why I changed the lock I also tried to find a key for the additional lock on your door and that was what I was doing on Friday evening,I did not go into your flat I simply tried a few keys I had from the out side.

I am also concerned that if people have been in the flats the coin meters have been tampered with and that is why I have checked all of the coin meters apart from yours to see if they have been compromised. (they haven't been )

I have attempted to repair the outside door entry lock but failed I am going around today to try and sort it"

 

Nothing adds up, he's stated the locks were changed to deter previous tenants, yet the police even said only he has a key and there's been no forced entry so it's either him or him giving the key to someone to come in.

 

 

 

 

Thing is since Thursday he has said these things:-

 

"If you read my previous e-mail it states that I will ask your permission to enter the flat should I need to

The reason I did not give you a key for the other lock is that it restricts a quick exit should there be a fire.

 

"If the security to your flat has been compromised I will change the lock"

 

I will contact you next week about emptying the meter I normally empty the coin box which has a lock on it at random times .

As for the security the locks have been changed in the past to deter any previous tenants, do you use both locks on the door ?

 

You see how his story about the meter and the locks etc is changing all the time?

 

He has also not replied confirming whether my deposit had been protected but as I've contacted the 3 main deposit schemes it's very unlikely, he has 13 days of the 14 days notice left that I gave him to either protect or refund my deposit.

 

I think his emails prove trespass and entering without permission and also attempting to enter without notice and permission, is this correct? if so do I take him to Court? Due to the fact he's acting very odd and his emails seem strange given what's happened and has shown no alarm or concern, he's made out today that he is concerned but in his emails last week and other the weekend he has never said this and I think he's trying to cover his tracks, that's my opinion but what he has said gives it away I think.

[estellyn]

I am also concerned that if people have been in the flats the coin meters have been tampered with and that is why I have checked all of the coin meters apart from yours to see if they have been compromised. (they haven't been )

 

I see he's trying to set up his defence. If it were me, I would allow him in to empty the meter, and have a witness there, and get him and/or the witness (if landlord refuses to sign) to sign a receipt stating the number of coins taken from the meter. the landlord may not sign as it might contribute to incriminating himself, but a witness (maybe next door neighbour) could confirm coins removed and also help keep an eye on him in the flat.

[thecookiemonster]

Exactly what I was thinking, he isn't asking anymore to check it. But yes I think he has thought about what to say to defend himself hence why he's only stating he's concerned now, he wasn't before.

 

I will state clearly to him that he will only be allowed to empty it if I have a witness present, I can get a friend to come round to do that.

 

If the coins don't add up what would the next step be?

 

Isn't his emails implying he's been in and has attempted entry though? Because in my opinion they are. Him also stating he normally empties the coin box at random times to me is also proof he's been in.

 

He's also still refusing to acknowledge i've given him 14 days to protect or refund my deposit if he doesn't confirm it's been protected.

[estellyn]

Well, if the receipt stating the number of coins emptied from the meter doesn't equal months you've been a tenant multiplied by coins used a month, then it is absolute proof that someone has both been in your room with a key (no break in) and had a key to access the meter (no break in). so it's absolute evidence of unlawful entry.

 

And did you say there is a padlock on the meter? If so, if the landlord has no trouble opening the lock and no evidence of tampering, then it seems pretty cut and dried it was him. Anyone else emptying the meter would have had to break off or tamper with any existing lock. And the fact that he hasn't officially emptied it in all the time you've been there is pretty damning anyway.

 

I think with the deposit, you can take court action against him and claim compensation - not sure how the courts are looking at this at the moment. Some places recommend waiting till the end of the tenancy after moving out and then making a claim against the landlord. Hopefully a housing specialist cagger will come along and give you some more specific advice about that.

 

Regarding his emails - the one that says he hasn't emptied the meter box since you've moved in, plus witnessed and signed proof of the number of coins would be firm evidence that the meter has been emptied since you moved in, and could be given to the police along with details of other things that went missing while your home was unlawfully entered.

[thecookiemonster]

You are very right, him not asking permission to empty it in 7-8 months is enough to justify my very strong suspicions he's been in here several times.

 

I have no doubt he will not agree to a witness being present when he comes to empty the meter or sign anything but the witness will, although I've already informed him a witness will be present so will see what his response is.

 

Yes there is a padlock on the meter and it hasn't been tampered with, I did originally think a previous tenant might have been in here when this first came to light but now I truly believe it's just the Landlord.

 

Hopefully someone will reply regarding the deposit but I have given him 14 days so will see what happens with that.

 

The truth will come out regarding him entering without permission one way or another, either he will refuse to empty it with a witness present and finally admit he's been in here or he will empty the meter and we will know then by the amount of coins so I will find out, I would have been a little happier if he had just admitted it but he's been acting cagey, not responding to certain emails and strongly denying coming in here which makes it worse as he's shown a big lack of respect to me, he's lost my trust, I feel very uncomfortable here now even though the locks have been changed, I'm just not happy at all about this.

[mariner51]

"Well, if the receipt stating the number of coins emptied from the meter doesn't equal months you've been a tenant multiplied by coins used a month,"

 

IMO proves nothing unless OP has ' coins inserted' meter reading at start of T. Coins used is only OP estimate over1 wk.period

Unlikely LL will count coins at the property, and if he is the coin box key holder, then IMO,no obligation to provide a receipt for amount collected.

Obviously the T:LL trust has broken down and OP should find alt accom & serve due NTQ before anticipated s21 expires.

[estellyn]

Tenant has been there around 30 weeks, and puts on average 7 pound coins into the meter a week, therefore there should be around £210 in the meter. The meter itself states that it doesn't hold more than 80 coins, therefore, landlord will empty less than 80 coins. As 80 coins is less than half the amount the tenant has put in the meter, then it is proof the meter has been emptied without him being present.

[thecookiemonster]

Yes around £7 a week or more since April, but around £10-£14 a week from January to April due to using the electric heaters so probably 250 coins is my estimate, I put a couple in today and it just doesn't sound even half full, It's obvious.

 

I think you are right and it does give proof he has been in without permission, I believe Mariner is wrong, I don't need a picture of the meter from when I moved in.

 

Still no replies from him regarding the deposit so I think my suspicions of him not protecting it are right, especially given the fact the main 3 schemes have no record. No response as of yet about the witness being here when he comes to empty the meter.

 

I was happy living here but the way he has gone about things over the past week has made me very uncomfortable and the deposit issue has also come to light so he hasn't been abiding by the rules of the Tenancy Agreement or doing what he should be as a Landlord.

[mikeymack2002]

As far as your deposit goes please read up on this link >> https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

 

As far as your electric meter goes read here >> https://www.citizensadvice.org.uk/consumer/energy-supply/energy-bills/paying-your-energy-bills/paying-your-landlord-for-energy/

 

One final worry is your council tax are you paying it or is the LL if you fine if not and the LL is make sure this is done.. The same goes for your water as well...

[thecookiemonster]

It states here that due to me having a meter, "If your consumption is recorded by a meter your landlord should bill you for the units used, plus your share of any standing charge at the same price as he paid his supplier. Your landlord can only charge you the domestic rate for energy, even if he has a business contract with the supplier."

 

 

He's never billed me, I know nothing about the usage or who the supplier is. Also if meter readings have had to be done he again he would have come in without permission to do those.

 

Council Tax isn't an issue, he pays for the water, he didn't inform me of this when taking the property or once I moved in, I asked him a couple of times and he informed me a few weeks after moving in that he pays for the water but again nothing in regards of usage or any bills, I'm guessing because there's 3 flats in this building and he obviously pays water for all 3 and they all have coin meters.

 

No inventory was done either so he hasn't really done anything he should be doing. I have an AST Tenancy which was for 6 months, he never asked about possibly extending it so it's just periodic now, I've communicated with him a few times but his communication isn't good and as I said I have only seen him here once and that was when he turned up unannounced to change my lock on Saturday.

 

As far as your deposit goes please read up on this link >> https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

 

Thanks, read that the other day, I contacted the 3 main schemes and they have no records so, over the weekend I gave him 14 days to protect it or refund me the deposit if he can't confirm it has been protected, otherwise I'll have no choice but to take it to Court, he's ignored those emails, he only sent 1 yesterday which I quoted on the other page, he's not responding to certain emails.

[estellyn]

Looking at your meter it's set at 11p per kwh which is cheaper than my deal and all the ones I could see, so be careful making waves - yes he may be getting a cheaper rate, unsure how though, but if he's being charged at a higher rate it may remind him to adjust the meter up.

[45002]

I think my landlord or someone else may have entered my property without my permission and this has made me feel very uncomfortable. Obviously at this present time it's just a suspicion.

 

I think this because I have a coin meter for my electric, it doesn't seem to read the amount of coins entered well but it says not to exceed 80 coins.

 

I have been in this property over 7 months and at a guess I have probably put in 150-200 coins and it doesn't sound anywhere near full, leading me to think someone might have let themselves in without my permission to empty it and I don't know how many times they have done this if it is the case.

 

I have emailed my Landlord to ask what the procedure is with the meter and that it's never been emptied since I have been here (to my knowledge) It will be interesting to see his response.

 

What also concerned me a little was on Monday I heard 2 people talking and they were knocking on the door of the flat that's right next to me and the lady wasn't in, they let themselves in, after that they knocked on my door and I said just a minute as I had just got out of the shower and they said oh sorry wrong door, I found this very odd too.

 

If people acting on behalf of the Landlord or my Landlord have been in here without my prior consent and without giving the required 24 hours notice, I feel it would make it untenable for me to stay here as not only is it a breach of tenancy but I would feel it's a breach of trust and a lack of respect, nevermind not obeying the rules of the tenancy.

 

Thanks for reading.

 

I think my landlord or someone else may have entered my property without my permission and this has made me feel very uncomfortable. Obviously at this present time it's just a suspicion.

 

I think this because I have a coin meter for my electric, it doesn't seem to read the amount of coins entered well but it says not to exceed 80 coins.

 

I have been in this property over 7 months and at a guess I have probably put 200-250 coins and it doesn't sound anywhere near full, leading me to think the Landlord has let themselves in without my permission to empty it and I don't know how many times they have done this if it is the case.

 

The Landlord has never asked or come round to empty the meter and it only holds 80 coins, It's an electric coin meter, I don't have Gas, I was using at least £40 a month when I first moved in due to the electric heaters, now it's £24-£28 per month.

 

I did wonder why it's never been emptied and after what happened a week Monday ago started the alarm bells ringing and what's been going on.

 

What also concerned me a little was on Monday I heard 2 people talking and they were knocking on the door of the flat that's right next to me and the lady wasn't in, they let themselves in, after that they knocked on my door and I said just a minute as I had just got out of the shower and they said oh sorry wrong door, I found this very odd too.

 

The girl in the flat next door had some earrings that she believe have been taken, I had some paperwork go missing out of a folder, weird I know.

 

If the has been in here without my prior consent and without giving the required 24 hours notice, I feel it would make it untenable for me to stay here as not only is it a breach of tenancy but I would feel it's a breach of trust and a lack of respect, nevermind not obeying the rules of the tenancy.

 

I've reported it to the police twice and the Landlord started harassing me via email and coming round and knocking without notice or permission so I went back to the police who had a word with him.

 

The Landlord never showed any alarm or concern regarding what's been happening, I was informed he was outside my property on Friday night too and I believe he may have been in on Sunday.

 

Last Friday he finally offered to changed the locks, he changed mine and the flat next doors lock, however I was informed by the police to change it and not give him a key which I did on Sunday but I believe he was in here when I was out getting the lock on Sunday.

 

My flat has two locks and when you see what the Landlord has been saying in his emails, you decide what's going on and give me an opinion, he's been emailing and seems very keen to get to the meter although i've got the police to warn him off now so I don't think he'll ask again but it's more or less empty as you can tell via the noise it makes when the coins are put in.

 

Also, he only starting showing concern in an email this morning after I informed him that I had reported him to the police for harassment.

 

In emails he has been saying:-

 

"If you read my previous e-mail it states that I will ask your permission to enter the flat should I need to

The reason I did not give you a key for the other lock is that it restricts a quick exit should there be a fire.

 

"If the security to your flat has been compromised I will change the lock"

 

I will contact you next week about emptying the meter I normally empty the coin box which has a lock on it at random times .

As for the security the locks have been changed in the past to deter any previous tenants, do you use both locks on the door ?

 

In his email today he stated:

 

"I apologise for not getting back to you sooner only my e-mail has not been working

 

I am sorry we seem to be having confrontation over access to your flat as I have told you I have not gained entry with out your permission

I have not emptied the meter box since you moved in.

I am concerned you feel somebody has been in your flat and that is why I changed the lock I also tried to find a key for the additional lock on your door and that was what I was doing on Friday evening,I did not go into your flat I simply tried a few keys I had from the out side.

I am also concerned that if people have been in the flats the coin meters have been tampered with and that is why I have checked all of the coin meters apart from yours to see if they have been compromised. (they haven't been )

I have attempted to repair the outside door entry lock but failed I am going around today to try and sort it"

 

What's also come to light is that he hasn't protected my deposit, I have asked him for confirmation, he refuses to answer, I have given him 14 days in writing to either protect it or refund or I will begin Legal Proceedings against him.

 

What I'm wondering now is does his emails admit he's been entering and attempting to gain entry without permission.

 

There's 3 flats in this building and the main building front door lock has never worked, I pointed this out when I moved in, on Saturday I gave him a week to do it, he reckoned he'd done it today but it's still not working.

 

His story about the other lock on my door doesn't add up if you look at his email, he was saying this building has to be certified and that's why he can't give me a key for that lock and why I can't have a deadlock on my door as I only have a basic night latch lock.

 

What do you think? This is all very odd.

 

Very slimmer Story here by CuriousGeorge1893 http://www.landlordzone.co.uk/forums/showthread.php?69520-Believe-Landlord-has-been-in-several-times-and-without-permission !

[estellyn]

I think posting on a forum populated by lots of landlords is not going to get the best response.

[45002]

TheCuriousGeorge http://forums.moneysavingexpert.com/showthread.php?t=5300083&highlight=

[thecookiemonster]

Can someone from the site team shut the thread now, I think it's run it's course, thank you.

[stu007]

Hi thecookiemonster

 

Granted - Your thread will now be closed.

 

If you do require the thread reopened in the future just pm a site team member

 

I would also like to thank all those that gave there time to offer advice.

[thecookiemonster]

I have been living in a property for just over a year now but I am having more and more difficulty with the 2 lots of stairs. (I have several health issues)

 

It's privately rented, the problem is I can't afford to move and if I give notice I would be intentionally homeless, what can I do?

 

Thank you.

[mariner51]

Apply to Council for more suitable housing (Drs report) and wait for 5+? years or find one in PRS, give due Notice and move.

Avail depends on your location.

[Guest roaringmouse]

You have a mobility issue. Contact the council immediately in writing telling them of your problem stating that you are worried you will fall down the stairs. Also tell your GP of your concerns. A letter from them to the council carries great weight. By telling them in writing they have an immediate duty to assess you living conditions and to assist you.

[thecookiemonster]

I moved into a property at the end of 2014, didn't have much choice at the time.

 

Anyway, there's 2 flights of stairs and it's becoming harder and harder for me (I have several chronic long term health issues.)

 

Also, the new neighbours are smoking which is irritating my lungs, I have 2 chronic lung conditions, there is supposed to be no smoking in these flats but the Landlord is useless.

 

I want to give a month's notice but I realise if I do that I'll probably get classed as intentionally homeless, although I believe I have very good reasons for terminating my tenancy.

 

I won't be able to afford another private let because this was the cheapest I could find last time and I already have to pay a significant amount towards the rent out of my money.

 

I'm not sure what to do?