Rent repayment order and deposit penalty

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

    Rent repayment order and deposit penalty

    Hello,
    I have been a tenant in England for four years. Everything was fine on both my part and the landlords part until earlier this year. My landlord has always had a habit of letting himself in, either into the house itself or the garden,with no notice. By March,I’d had enough and sent a letter, politely reminding them of my quiet right to enjoyment. This was met with a rude letter and a section 21 a few weeks later.

    The section 21 was served the day before the rules changed,so it had two months notice. It has now expired. It transpired that my deposit isn’t protected,so the s21 wasn’t valid. A section 8 was served,citing arrears and rent being persistently late. There are, or have there ever been, any arrears and the rent is paid a few days early or on the due date itself.

    Over the last six months, my landlord has continued to let themselves in to the property while I’ve been at work (I have a nanny cam and get notifications on my phone) and I’ve had notes left in the house and put through the door which have been abusive and nasty, yet stated I was a perfect tenant.The stress lead me to having time off work sick.

    The landlord has instructed their solicitor to seek what it would take to get me to move out - I’m presuming they do not want to issue another section 21 due to how long it would take the case to get to court. I want to stay but it’s been made clear the landlord won’t allow it.

    What would be a reasonable request I could put forward to move out? Also,would I have a case for a rent repayment order? I intend to seek the penalty for the deposit not being protected.

    This has all seeming come about as I asked for my privacy. I’m interested to hear your thoughts, please be gentle with me as I am just asking for advice!

    thanks for reading.

    #2
    Why haven't you changed the locks already?

    Originally posted by Itsamoopoint View Post
    I want to stay
    Why would you, given the landlord as you described?

    Originally posted by Itsamoopoint View Post
    Also,would I have a case for a rent repayment order?
    Potentially, but based solely on your post, probably not. The only relevant ground I can see for a RRO is "eviction or harassment of occupiers" but that's explicitly "section 1(2), (3) or (3A)" of the Protection from Eviction Act 1977 which from my reading does not include just harassment, but only actual or attempted unlawful eviction. So unless you can convince the tribunal that those "abusive and nasty" was an attempt at unlawful eviction, then no grounds are met for a RRO.

    Doesn't stop you from suing for damages for harassment and breach of quiet enjoyment as well as the deposit non-protection penalty in court.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Yes, the deposit penalty is your best bet. See here: https://england.shelter.org.uk/housi...nsation_claims

      The solicitor will probably advise the landlord to get real as he has no real option to evict you. As KTC says, its not somewhere I would want to continue living, but I would change the locks now, (change them back when you leave) and take my time to find my next home.

      Comment


        #4
        Originally posted by Itsamoopoint View Post
        What would be a reasonable request I could put forward to move out?
        'Reasonable' would be to follow the notice periods you agreed to when you first took on the tenancy.

        Whilst you may be able to milk this pandemic for your own advantage, don't kid yourself you're being reasonable.

        Comment


          #5
          Originally posted by Itsamoopoint View Post
          The landlord has instructed their solicitor to seek what it would take to get me to move out - I’m presuming they do not want to issue another section 21 due to how long it would take the case to get to court. I want to stay but it’s been made clear the landlord won’t allow it.
          The solicitors will (probably) advise the landlord to return the deposit to you and serve notice under s21 again - despite the long timescale.

          If there are no arrears (assuming there's a missing "no" in the first post), the chances of the landlords s8 notice being successful are close to zero.

          If the landlord used to live in the property, and they served an appropriate notice before the tenancy began, they have an alternative s8 route available with a two month notice period, which would be appealing to them if possible.

          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


            #6
            Originally posted by boletus View Post
            Whilst you may be able to milk this pandemic for your own advantage, don't kid yourself you're being reasonable.
            !

            The landlord has (a) failed to protect the deposit (b) served an invalid section 21 notice (c) entered the property on several occasions without notice (d) left abusive notes in the house and (e) served a section 8 notice on spurious grounds and you say the OP is being unreasonable.

            Comment


              #7
              Originally posted by jpkeates View Post
              If the landlord used to live in the property, and they served an appropriate notice before the tenancy began, they have an alternative s8 route available with a two month notice period, which would be appealing to them if possible.
              That's also six months at the moment.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                Originally posted by KTC View Post
                That's also six months at the moment.
                You're right - didn't read far enough through the legislation!
                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


                  #9
                  Originally posted by Lawcruncher View Post
                  The landlord has ...
                  ...and you say the OP is being unreasonable.
                  Not quite the word I'd use for such behaviour.

                  I disagree with anyone profiteering from this pandemic.

                  The landlord being a jerk doesn't make it right.

                  Plus we are only hearing one side of the story, there’s a few things don’t add up.

                  Comment


                    #10
                    The landlord says there are arrears. You say there are not. Seems like a pretty basic background point. A little too vague on the actualities too - blurring letting himself into the property vs house (like posting a letter for example?). And if let in, then why? There would have been some reason no doubt --

                    I have no doubt that if L simply entered the house and snooped around, and that was captured on a nanny-cam the OP would have contacted the police (I certainly would have).

                    It is somewhat implausible that a landlord would be instructing a solicitor to get the tenant out at this particular point in time if there were not rent arrears and the account as given was the full and unfettered truth.

                    I agree something does not add up.

                    Yes if L did enter without consent, no notice and without a very good reason, this L needs slamming as much as possible. Likewise on the deposit.

                    But it hardly seems likely that S8 would be served on the basis of rent arrears and a solicitor employed to progress such a claim which would easily be disproven if false.

                    Comment


                      #11
                      Hi, thanks for the replies and some useful information. The landlord is a professional landlord, and the property was purchased as a buy to let and I was the first tenant to move in, so the landlord has never lived here.

                      In regards to the section 8, it was served with a claim of being three months in arrears and I proved otherwise,but only last week did the landlord finally admit that there are no arrears. The section 8 is still in date,but I think he’s got no chance of enforcing it, especially as he lied about being in arrears.

                      In relation to the landlord letting himself in, I have come home from work numerous times to find him in the garden carrying out ‘repairs’ even though I haven’t reported any issues, and apparently there were outstanding repairs from when the house was purchased but this was not mentioned when I took the tenancy on and there was also a void period of four months between the landlord completing and me moving in. I’ve also had him climb up a ladder,past my living room windows on the first floor while I’m sat in there, again with no notice. Although I work away a lot, that is no excuse to behave like that as I am home usually at least two days a week. When he let himself into the property itself, I did inform the police but they said it was a civil matter.

                      Comment


                        #12
                        Get a solicitor to write him a letter about harrassment demanding that he discusses access to exterior and interior spaces with you in advance. Also keep records of dates, times and details, preferably with photographic evidence in case you need to sue.

                        Comment


                          #13
                          OP, I appreciate how expaserating and maybe even frightening it may be for you to have your landlord repeatedly accessing your flat during your tenancy, but it is extremely likely that a judge will not care for your lawsuit if you decide to bring a case for harassmnet. As harsh as it may sound, they will probably tell you that a landlord effecting repairs is a good thing in this crazy upside down world in the courts.

                          I know most of the posters on this board are landlords and repeatedly say that it is a tenant's playground at the moment, but I must also say that when issues and cases progress to court, eight times out of ten, courts side with landlords, unless the infractions are mountainously egregious.

                          Comment


                            #14
                            Originally posted by MW1985 View Post
                            I know most of the posters on this board are landlords and repeatedly say that it is a tenant's playground at the moment, but I must also say that when issues and cases progress to court, eight times out of ten, courts side with landlords, unless the infractions are mountainously egregious.
                            And I'm from planet Zog

                            Comment


                              #15
                              Originally posted by AndrewDod View Post

                              And I'm from planet Zog
                              I've often suspected that,

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X