Eviction, Underhanded Estate/Letting agency & landlord

[MiRights]

Hi,

 

Im new here and have landed as a result of google,

im sorry if im in the wrong sector and if I overstep anything please forgive and feel free to correct me.

I would be delighted for any help on what I am about to list below as Citizen's Advice have not really been much help.

 

I live in N.Ireland and understand that I have an 'Assured Tennancy'? as I have rented my apartment for over 10 years.

 

 

My landlord has recently changed (14 months ago) but my original landlord had a £600 deposit and we had a verbal contract where I paid rent direct to him. ,(He owns several properties)

 

 

I was made aware last summer on the day the landlord exchanged contract with my new landlord that my flat had been sold and I needed to go to local estate agency and sign a contract for new landlord.

 

Have had a difficult relationship with original landlord as one day I was sitting in my flat working on computer and my car was away being serviced.

 

 

I heard a key in my front door and then my door opened,

I heard the landlord shout my name but I didn't answer and he continued into my flat.

I confronted him and over the following months things deteroriated and I ended up having a nervous breakdown.

 

Roll onto the day the new landlord took over the property.

Not a nice fella, very arrogant,

 

 

I told him I was not signing contract as the original landlord was holding my deposit and if I signed I would loose the money.

He then threatened to pull out if I didn't sign and I was forced into signing a new contract.

 

I had attempted to contact the estate agency on the day I was forced into signing and called three times, but the estate agent never returned my call.

 

Had another breakdown and on coming out of hospital had a months notice sitting waiting for me.

Before I was admitted to hospital I had reported a lot of issues to estate agent regarding flat that needed attention and these have been ignored and instead I have a months eviction notice in order for necessary work to be undertaken.

 

 

No alternative housing has been offered which I understand is the law.

Further, I have now read that I should have been given 12 weeks notice but the estate agent just circumvents every law.

 

I have just remembered that when I was forced into signing the new contract I told the estate agent that it was been signed under duress and he just smiled at me!

 

 

After a week or so I returned to his office and explained what I meant by under duress and was offered a £300 "Goodwill gesture" which will be given only on my leaving property!?

 

This £300 is being used to blackmail me into leaving, was told it would be withdrawn if I had not left property within the 30 days (Not legal) notice.

 

Please, if you have any advice or guidance I would be extremely grateful.

[king12345]

Start looking for another place, stop paying rent and let justice take its long course.

That'll teach them.

I'm a landlord myself and when I hear these stories I get really mad.

Sorry if it's the wrong advice, but that's what I would do to teach them a good lesson

[fletch70]

I think you need advice from someone who understands NI law. Have you called shelter?

 

If it was me and in England I would sit tight but it is obviously a real problem for you. Talk to the council and charities and get solid advice

[stu007]

Speak to ShelterNI: http://www.shelterni.org/

 

Some other links for you to look at:

 

These are the Housing Executive (NI)

 

Tenancy Deposit Scheme: http://www.nihe.gov.uk/index/advice/renting_privately/advice_tenants/tenancy_deposit_scheme.htm

 

Your rights as a tenant: http://www.nihe.gov.uk/index/advice/renting_privately/advice_tenants/tenants_rights.htm

 

Working out who is responsible for repairs: http://www.nihe.gov.uk/index/advice/renting_privately/advice_tenants/repairs_private_rental.htm

 

Landlord Registration Scheme: http://www.nihe.gov.uk/index/advice/renting_privately/advice_landlords/advice-landlord_registration_scheme.htm

 

Government Legislation links:

 

The Landlord Registration Scheme Regulations (Northern Ireland) 2014: http://www.legislation.gov.uk/nisr/2014/9/contents/made

[MiRights]

Hi, thank you for your prompt replies, King12345 & fletch70 I wish I had the strength but alas I am just after a quiet life. Thank you for your support.

 

stu007 thank you for the useful contacts I must get my head focused and deal with the problem head on, I will be busy with your list tomorrow, thank you.

[stu007]

These links will be of importance:

 

Evicted from a privately rented property: http://www.housingadviceni.org/advice-private-tenants/can-i-be-evicted

 

The link below is what a Landlord in NI needs to do to Evict someone legally.

 

Right to evict: http://www.housingadviceni.org/advice-landlords/right-evict

[ericsbrother]

The deposit is now owed by the new landlord as he purchased all rights and responsibilities when be bought the property. the law is on your side so seek advice beofre you are persuaded to try and give up more of your rights. the new LL will make plenty of money in the future so make him pay his undertakings first.

[MiRights]

Hi and thanks for the advice, after reading all the info stu007 and the info and advice from others I decided to grab this bull by its horns.

 

Sent an email to estate/letting agent stating that I no longer had any confidence in them. I stated that they had failed to obide by the legislation stating that 12 weeks was the notification legally required and the £300 was being used to blackmail/bribe me from the property.

I asked that he the(estate agent), contact landlord and find to whom I now make the rent payable? I received an email back basically saying that since I had no confidence in them, that I should be addressing this concern to the landlord myself! I replied stating I had lost landlords number and received no reply.

 

This was 8 days ago and I paid rent for the week just passed, but have ceased payments from yesterday. .....still no contact from landlord!?? ......still no reply from estate/letting agent.

Edited November 15, 2016 by MiRights

[king12345]

Sit tight.

Someone will contact you regarding the rent or eviction.

One way or another I would make their life difficult and drag my feet for as long as possible.

These sort of people need to be thought a lesson.

[ericsbrother]

look up the new landlord details on the land registry. Cost you £3

[MiRights]

Update: received to signed for letters. I received one from the landlord (im pretty sure its the letting agent) stating that they reject my statement that I have lost all confidence in the letting agent and that I continue paying the same letting agent.

NB* I know other tenants have used another letting agent for their flat in the same property.

 

The 2nd signed for letter is from solicitors and is a 'Notice to Quit'.

 

Take Notice: I have until 5th Dec to quit and quoting my tenancy starting at the date the date the landlord bought property.

 

Furter,

 

Take Notice: In event of refusal to give up property on above date, legal proceedings will then be taken and costs pursued.

 

 

My understanding is that I have been resident here for over 10yrs and therefore am legally entitled to 12 weeks notice while they are using the contract I was forced into signing under duress.

 

 

Any advice would be most welcome.

[ericsbrother]

you will not get any sympathy for claiming duress from a judge so get advice on the procedural matters that will win you a stay for a while. It may well be that the new tenancy docs arent in line with current consumer contract law. Also, what about your deposit? Who holds that and where?

[MiRights]

Hi eric, tenancy docs have never been produced, I signed a very short term (one month) contract back in 2014 and I guess its been a rolling contract ever since.

 

The deposit or as they call it "Goodwill gesture" is now never mentioned by them. It is apparently held by the letting agent but he avoids putting this in writing and only has spoken face to face that he holds it. I don't trust him though hence why I refused to deal with him quoting distrust as my reason.

 

Who would you recommend advice from for someone unable to afford a solicitor?

 

Thanks for your advice.

[honeybee13]

Who would you recommend advice from for someone unable to afford a solicitor?

 

Do you have a local law centre? They give free legal advice. Also Shelter who are very good on housing issues.

 

HB

[ericsbrother]

the deposit should be held in a TDS so you can take LL to court for that. What they claim has been rubbished by courts previously. You need to dig up as much as you can so when the LL is forced to go to court you can attend and explain where they are going wrong. They wont get the eviction order tehn and most likley told to start all over again so that will give you another 12 weeks notice period to find somewhere.

Advice? Local CAB often have pro bono solicitors your can speak to, generally by appointment.

[fletch70]

Have you tried Shelter

 

I know they are underfunded and not everywhere but they do have a phone line

https://england.shelter.org.uk/contact_us