Advice re Landlord breaking into Garden to fell trees.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Advice re Landlord breaking into Garden to fell trees.

    My landlady has issued me with a section 21 after gifting a cottage i have lived in for 15 years on their country estate to her daughter. I maintain it myself and they have never provide heating or carried out inspections. She has recently inherited the estate from her late husband. Since issuing the notice she has felled over 60 healthy mature trees around the cottage to prepare for building. As my Father was in his last weeks of dying of cancer and i was caring for him I asked if the tree felling could be postponed. She refused but eventually agreed to them not entering my garden. They burnt all the brash adjacent to my back door, it went on for 2 weeks and my Father died during this time. Yesterday afternoon she emailed to say she was not prepared to wait for me to be gone in march to continue the groundworks and had arranged for the trees in my garden to be felled at 8am today. I replied to inform her it was not convenient and locked my garden gate. The tree surgeons turned up and as they could not enter she was furious and turned up shouting up at my windows and ringing my phones. eventually with her instruction the tree surgeon cut down my fence and broke into my garden and continued to begin chainsawing up the trees directly outside my home. She also came in through the broken fence and continued to demand that I open the door. I informed the police but they said it was a council matter and being a Saturday I was unable to do anything. She came back periodically until the trees were all down. As I felt intimidated and unable to face confrontation as her behaviour was aggressive I decided not to open my door to her. I would be grateful for any advise on ways to deal with this and the law on landlords breaking into gardens. The trees were not of any danger to the property and it was not maintenance.

    #2
    This sounds utterly horrific. The harassment could be construed as an attempt at illegal eviction. https://england.shelter.org.uk/housi...legal_eviction

    The landlord sounds unhinged.

    I wouldn't leave when the section 21 expires, you have no duty to, it simply means that the landlord can then apply then court to get a possssion order, I'd imagine that this will drive her mad and it sounds like she will do something silly/illegal that you can then then use against her. Check the validity of the section 21 that youve been given using this

    https://markprichard.co.uk/documents...lidity-checker

    if it's not valid, wait for court and the case will be thrown out and the process will have to start again.

    Suggest you protect yourself/gather evidence with a quick starting video camera.
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

    Comment


      #3
      Trespassing and harassment surely is a Police matter?!

      Comment


        #4
        Trespassing is not a police matter, except in some special cases, which I can't see applying here.

        Harassment is.

        Breach of "quiet enjoyment" is also only a civil matter.

        Comment


          #5
          Thank you very much for the info and advice. I have evidence of the most of the goings on with photos and video recordings although I'm not sure of the legalities of taking photos..Without having a security guard follow me around I'm not sure how to protect myself but I will contact the council again tomorrow!.. not sure how far someone has to go before its constituted as harassment, I mean this is just one isolated situation.

          Comment


            #6
            Keep a log of any activity you consider inappropriate. Write (yes, write), keep copy, to Landlord a calm and polite letter requesting he stops harassing you, noting those things you consider wrong.

            Landlords can & have gone to jail for harrasment, unlikely in this case
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              OK , Thank you for that,, when you say write you mean hand-written ? Is it ok for me to say harassment? , I mean It has and is having an awful effect, physically and emotionally.

              Comment


                #8
                Accusing someone of a crime can be legally unwise, so I suggest you look at the definition in https://www.citizensadvice.org.uk/la...on/harassment/ and refer to factual aspects and the impact on the victim in the terms they use. Even better might be to get the CAB to help draft the letter.

                Comment


                  #9
                  Thank you!

                  Comment


                    #10
                    Can anyone re advise on this matter as the said landlady emailed me before the Section 21 deadline about leaving my heating on when I left as she was on holiday and to put the keys into the gardeners letterbox, 2 days later she emailed that she was changing the security gate codes. On the Morning of the deadline her Son in Law came with a workman who holds my keys and attempted an illegal eviction. My key was in the lock on the inside.... They also changed the gate code. The Council came immediately and have issued his wife (who is named on the deeds as the owner) with a warning and letter showing all the acts they have breached, but have noted they will not proceed to prosecute her husband and the workman.
                    My eviction forms have to be submitted to the court in 4 days and a Solicitor, whom I had a meeting with today, has advised me to send in the forms without submitting a defence. Is this correct advice do you think? after so much harassment and an attempted illegal eviction ? I am wondering If it is due to the family being high profile and extremely wealthy. Would anyone be so kind as to advise?

                    Comment


                      #11
                      If the solicitor advises not submitting a defence, he must think there is no defence possible.

                      Check the s21 notice here.
                      https://markprichard.co.uk/documents...lidity-checker
                      There must be something wrong with it!

                      You could instruct your solicitor to make a civil claim for illegal eviction, and request that the repossession is delayed until that is resolved.
                      It probably won't happen, but you never know.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Thats what I was thinking re the Notice! He said something about the financial costs of making a claim, and he also advised for me to get far far away from the stress of what I have been exposed to, but I shall ask him about the civil claim as I am so short of time now unfortunately and am not too sure of the process.. Thank you very much for your advice.

                        Comment

                        Latest Activity

                        Collapse

                        • Can I charge...
                          t-mhrwl
                          I have paid an agent to market my property. They have found a tenant who was due to move in yesterday. The dates have already been delayed once. They have paid 3 months advance rent and a 5 week deposit. All paperwork has been prepared and checked by all parties. The tenant has now decided they don't...
                          17-08-2019, 12:08 PM
                        • Reply to Can I charge...
                          AndrewDod
                          Who says this is a holding deposit? It sounds like a contract. Nowhere does it say holding deposit.



                          Who says that is true? And in any case the tenancy was due to start "yesterday"



                          I see no evidence that that is appropriate or necessary...
                          17-08-2019, 19:47 PM
                        • Reply to Can I charge...
                          cymro123
                          What does it state in the Reservation Agreement/Holding Deposit Agreement (HDA)? Based on what you have stated there is a legal case to retain any Holding Deposit but this should be made clear in the HDA. Retaining other monies is not advisable. There are some other questions this raises such as why...
                          17-08-2019, 18:27 PM
                        • Is this normal tenant behaviour?
                          Byrdewear
                          Hi all,
                          Currently in the process of vetting a tenant who has a respectable job, wife and two kids. We agreed a tenancy in principle with him paying my gardener for maintaining the garden.Then he came back and said he would rather use his own gardener and pay - I agreed.
                          Then he comes back...
                          13-08-2019, 05:48 AM
                        • Reply to Is this normal tenant behaviour?
                          Hudson01
                          I agree that another tenant is the way to go, you have too much on your mind regarding him to be comfortable with it should it go ahead, but i do agree with another post that if i were the tenant i 100% would not want that cctv system monitoring me as i come and go and which of my friends visit me etc,...
                          17-08-2019, 17:48 PM
                        • Reply to Can I charge...
                          AndrewDod
                          But it could be. The default position is that the tenant is going to be paying rent and all costs of re-letting until an entirely suitable new tenant is found (which may be a lot more than 1 month of rent). The alternative is that the tenancy could be surrendered by mutual agreement, and under such...
                          17-08-2019, 17:33 PM
                        • Local Authority HB Direct Payment
                          srclinton
                          I am thinking of taking on a Tenant claiming Housing benefit, but would like to at least attempt to ensure the local authority pay me directly and the Tenant doesn't change this. I have heard others put a clause in the AST requiring the tenant to request a direct payment, and a letter to the local authority...
                          16-08-2019, 13:28 PM
                        • Reply to Local Authority HB Direct Payment
                          Hudson01
                          I agree with the above, i may well be '' prejudice'' as i work in a job which puts me in direct contact on a daily basis with a lot of individuals who claim all manner of benefits, i have seen sights which at the beginning shocked me in regards what they get up too but now i know its simply in their...
                          17-08-2019, 16:27 PM
                        • Potential New Tenancy - Serious doubts
                          srclinton
                          Hi there,

                          So I have a tenant lined up for my property. Having done the usual checks everything seems to be good so I have verbally said they can take on the tenancy and have taken a small holding deposit.

                          Since, doing some checks via social media and I have found the tenant...
                          17-08-2019, 09:34 AM
                        • Reply to Potential New Tenancy - Serious doubts
                          Hudson01
                          A wise decision, and as said its the lack of integrity that would worry me not him having a partner who wanted to live with him, plenty more out there.
                          17-08-2019, 16:10 PM
                        Working...
                        X