help!!Unlawfully evicted and harrassed

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  • help!!Unlawfully evicted and harrassed

    I have paid our previous landlord her final months rent through our bond of £1100 th rent was £1000a month. We had no choice as she wanted us to leave after thinking of selling the property which put us in a bad state.We had paid her up till the 14th of 0ctober 2005 but due to her harrassment and threats moved out of the property on the 1st of october for one to get away from her and two get the property cleaned etc an also we had to collect left over items.

    She reckoned we were going to do a runner not get the property cleaned when we wrote to her saying property will be cleaned and keys will be returned on the 14th october.

    The minute we moved out the property she entered the property changed the locks and threatened us with the solictiors she also opened up our post and threatened to distribute our personal details and wanted £400 in cost for outrageous things.

    We have been through hell with this woman even till now she is abusing us please help dont know what to do please help me.

  • #2
    I am afraid that you need to provide a lot more information before we will be able to give you any kind of sensible response.

    Please can you post your query in point form if possible giving a clear explanation of the Landlord's behaviour.
    For the avoidance of doubt, I am not a solicitor nor a specialist. I have simply spent many years in the business and am expressing my opinions. I would urge caution to any individual using these forums as a sole basis for decision without first speaking to a solicitor.

    Comment


    • #3
      Originally posted by aye5ha4u
      We have been through hell with this woman even till now she is abusing us please help dont know what to do im at the edge of suicide its that bad please help me.
      May I suggest that you put it down to experience.

      1. Go to the post office and pay for 12 months' mail forwarding (£50 or so).

      2. Go to the pub and thank your lucky stars for an easy escape. Forget about that deposit if fighting for it makes you ill.

      I'm not siding with your landlord, merely trying to suggest how best to extricate yourself from your problem without stress.
      The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

      Comment


      • #4
        Response to my situation

        I moved to chatham in kent and going through hell with my landlord

        1.She wanted us to leave by the 14th was cause she told us she wanted to sell the property. The property will be cleaned and keys returned by14th october.

        2. We have paid her rent of £1000 from our £1100 bond she had in up till the 14th of october.We had no other way as she had put us in a bad state so she acceppted it.

        3. Due to having to need to clean the property and due to her abuse and threats moved out on the 1st of october hoping to return the following week to clean and collect other personal belonging left behind.

        4.She on the 2nd of october around that time left three threating voice messages entered the property changed the locks told us to never to return or she will call the police.

        5.Receive threating letter which she wrote she will go to the police she reckoned we did a runner although our last letter we wrote to her on the 15th of september states we will return keys,clean the property give new forwarding address etc by the 14th of october the day our tenancy aggreement finishes.

        6.Returned post to new address received open.

        We are really going through hell please help us

        Comment


        • #5
          Deposit

          From what I can gather, it would appear that you used the deposit as your last month's rent. The deposit is retained against damage against the property and shouldn't be used as the last month's rent. If this is the case, then I can understand your landlord being upset.

          Comment


          • #6
            Response to grange

            We have redirected our post that started this monday it does take about week to activate we didnt know that our landlord was going to do next its not nice its an absolute nightmare .
            I am releived about that but it doesnt stop her from still harrassing us legally we had paid her rent untill the 14th october she came on the 2nd of october and changed the locks and threatend us with the police if we were to return .
            It is our holy month of fasting and I will not lie we have dont nothing wrong by leaving two weeks early in order to clean the proeprty and return left over property or ours before the 14th of october when the keys were to be returned .

            She thought we did a runner but we havent we wrote her a letter clearly telling her what we were going to do that was wriiten on the 15th of september. She drove us out of there with her threats and abuse.

            Comment


            • #7
              Originally posted by aye5ha4u
              I moved to chatham in kent and going through hell with my landlord

              1.She wanted us to leave by the 14th was cause she told us she wanted to sell the property. The property will be cleaned and keys returned by14th october.

              Fine. The landlord is entitled to her property back if adequate notice is given.

              2. We have paid her rent of £1000 from our £1100 bond she had in up till the 14th of october.We had no other way as she had put us in a bad state so she acceppted it.

              I assume you mean that you did not pay your last months rent and instead left the deposit. This will probably be in breach of your tenancy agreement and has left the Landlord with little money for damages and reimbursements.

              3. Due to having to need to clean the property and due to her abuse and threats moved out on the 1st of october hoping to return the following week to clean and collect other personal belonging left behind.

              What sort of abuse and threats. If these were a problem you should have referred the matter to the police.

              4.She on the 2nd of october around that time left three threating voice messages entered the property changed the locks told us to never to return or she will call the police.

              You have an absolute right to remain in the property until the termination of your tenancy. You still have a legal right to enter the property now. The Landlord is guilty of both unlawful eviction and harrassment.

              5.Receive threating letter which she wrote she will go to the police she reckoned we did a runner although our last letter we wrote to her on the 15th of september states we will return keys,clean the property give new forwarding address etc by the 14th of october the day our tenancy aggreement finishes.

              What precisely is she threatening?

              6.Returned post to new address received open.

              It is against the law for anyone to open your post.

              We are really going through hell please help us

              I suggest that you refer this matter to your local citizens advice bureau and ask for their help to draft a letter on your behalf. Alternatively, if money is of no concern, go to a solicitor and explain the situation, there may be some compensation available for you.

              However, I am curious as to why the Landlord is acting in such an openly hostile way. If the situation is more six of one and half a dozen of the other, get a warning letter sent through and go your separate ways.
              For the avoidance of doubt, I am not a solicitor nor a specialist. I have simply spent many years in the business and am expressing my opinions. I would urge caution to any individual using these forums as a sole basis for decision without first speaking to a solicitor.

              Comment


              • #8
                Gail force respond

                The landlord was happy about this it was agreed on both terms as we confirmed to her in writing that the property will be cleaned and the keys would be returned .There was no damage done to the property her main concern was the cleaning which we intended to do of which we gave to her in writing.

                Comment


                • #9
                  What do so confused

                  [QUOTE=mjpl][COLOR=DarkSlateBlue]QUOTE]She on the 2nd of october around that time left three threating voice messages entered the property changed the locks told us to never to return or she will call the police.

                  You have an absolute right to remain in the property until the termination of your tenancy. You still have a legal right to enter the property now. The Landlord is guilty of both unlawful eviction and harrassment.

                  You are not the first person to say that the fact of the matter is we cant go back to the property as she has changed the locks and she has threatened us with the police if we are to return.

                  And secondly we still have some of our personal belongings which still remain in the property which we want returned which is also complicated.

                  so please tell me what you suggest to do?

                  Comment


                  • #10
                    [QUOTE=aye5ha4u]
                    Originally posted by mjpl
                    [COLOR=DarkSlateBlue]QUOTE]She on the 2nd of october around that time left three threating voice messages entered the property changed the locks told us to never to return or she will call the police.

                    You have an absolute right to remain in the property until the termination of your tenancy. You still have a legal right to enter the property now. The Landlord is guilty of both unlawful eviction and harrassment.

                    You are not the first person to say that the fact of the matter is we cant go back to the property as she has changed the locks and she has threatened us with the police if we are to return.

                    And secondly we still have some of our personal belongings which still remain in the property which we want returned which is also complicated.

                    so please tell me what you suggest to do?
                    First of all please answer these questions:
                    - Did you sign a tenancy agreement when you took on the property ?
                    - If yes what where the start and end date on it (or how long was the fixed term)?
                    - Did the landlord serve you with a section 21 notice at least 2 clear months before the end date on your agreement ?

                    IF you had an AST and the end date was 14th October and you paid rent up to the 14th October and you didn't willingly give your keys back to her, then your landlady has unlawfully evicted you and you can sue her for that. She could end up with a big fine and maybe a jail sentence.
                    She is not allowed to change the locks on the house at anytime before you have left and given up the tenancy.
                    If you returned and she called the police SHE would be the one in trouble.
                    It is illegal for her to open your mail too.
                    She CAN NOT distribute your personal details to anyone as it is against Data Protection.

                    I suggest you take all the documents you have (agreement, letters etc.) including threats she has made (even on answer phone) and go to your local Citizen Advice Bureau who will be able to help you.

                    Comment


                    • #11
                      Originally posted by aye5ha4u
                      I moved to chatham in kent and going through hell with my landlord

                      1.She wanted us to leave by the 14th was cause she told us she wanted to sell the property. The property will be cleaned and keys returned by14th october.

                      Was this the same date as the end of your tenancy?

                      2. We have paid her rent of £1000 from our £1100 bond she had in up till the 14th of october.We had no other way as she had put us in a bad state so she acceppted it.

                      Contrary to what others said, whether this is in breach of your tenancy agreement or not is totally dependant upon the wording in the tenancy agreement. If the agreement states that the deposit can only be used for damages, or cannot be used for rent, then yes you are in breach. However, not all(or possibly even the majority) of agreements state this. Please let us know if it does or not.

                      3. Due to having to need to clean the property and due to her abuse and threats moved out on the 1st of october hoping to return the following week to clean and collect other personal belonging left behind.

                      4.She on the 2nd of october around that time left three threating voice messages entered the property changed the locks told us to never to return or she will call the police.

                      This is without a doubt harrassment and unlawful eviction. I think YOU should call the police...this is a criminal act. Out of interest how did she know you had moved out? And have you got your personal belongings back?

                      5.Receive threating letter which she wrote she will go to the police she reckoned we did a runner although our last letter we wrote to her on the 15th of september states we will return keys,clean the property give new forwarding address etc by the 14th of october the day our tenancy aggreement finishes.

                      6.Returned post to new address received open.

                      This is again illegal, tell the police!

                      We are really going through hell please help us

                      If the tenancy does not have that clause in then there isnt a problem in you leaving the deposit as rent. If it does, then there is, but I believe her actions far outweigh the fairly minor issue of leaving the deposit as rent. Bear in mind that she can still take you through small claims court for any damages to the property, if there are any. I would usually advise writing a letter, probably asking for the final 2 weeks rent back, and stating that post must not be opened etc etc. However, there is obviously no talking to this person. I would report her to the police, without question. Oh and yes if they give out your personal details to anyone this is a breach of the data protection act, however I guess it would be difficult to prove she did it.
                      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                      Comment


                      • #12
                        It is not the citizens advice bureau that you need, go to your local council. They will have somebody there who can deal with your problem. If you have been subjected to harassment they have the power to start a prosecution against the landlord. They are also able to break into the property if you have been evicted illegally and will charge the landlord for replacement locks.

                        Comment


                        • #13
                          I would agree with Steve about the CAB....their ability to do anything as a situation such as this is extremely limited. However I would say contact the police instead of the council.

                          With regards to your original post, and some other posts:

                          - Do not get so stressed about it! I appreciate it can be quite stressful, but she is all mouth and no trousers, just let it wash over you. If she actually acts on any "threats" or passing personal info, she is in deep ****, so either way you win

                          - Don't just put it down to a bad experience, or "go your seperate ways", at least not in my opinion. She has done too much in the wrong to let it go I think, she will only do it to someone else, bad landlords like this need to be shown that they cannot get away with it.
                          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                          Comment


                          • #14
                            I think the council is the best route. Do you really think the police can be arsed to get involved in a matter like this?

                            Comment


                            • #15
                              Probably not but it is a criminal act, and was not aware that the council had any jurisdiction in criminal matters, thought this was only the police?
                              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                              Comment

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