Advice re Landlord breaking into Garden to fell trees.

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  • 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.

  • redsquirrel
    replied
    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.

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • redsquirrel
    replied
    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?

    Leave a comment:


  • redsquirrel
    replied
    Thank you!

    Leave a comment:


  • leaseholder64
    replied
    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.

    Leave a comment:


  • redsquirrel
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    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

    Leave a comment:


  • redsquirrel
    replied
    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.

    Leave a comment:


  • leaseholder64
    replied
    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.

    Leave a comment:


  • RedHitman
    replied
    Trespassing and harassment surely is a Police matter?!

    Leave a comment:


  • Wannadonnadoodah
    replied
    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.

    Leave a comment:

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