Illegal eviction and condemned appliances

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  • Illegal eviction and condemned appliances

    Hi all
    Advice please, what you think, where we stand etc
    15/11/09 moved into property, deposit and initial months rent handed to LL. LL said he'd leave us to unpack and pop in next day with docs etc

    27/11/09 LL returns saying he's brought tenancy agreement to sign, hubby in shower I invite LL in but he says he'll pop back next day.

    15/12/09 rent paid. Asked LL for tenancy, safety certs, and info re deposit. LL gets verbally abusive swearing lots telling us to " f#*! The legal stuff" this is how he does things and if we don't like it we can piss off!!

    My hubby then goes out of work, all apps put in for housing benefit etc but they say they don't have enough evidence of tenancy in order to pay HB. They will write to LL
    OK informed of position as we can't meet jan rent until HB sorted again met with verbal abuse via text message

    17/1/09 LL delivers letter saying it's notice to quit and he will give us a couple of days to get out. Letter just states we are behind on rent and that he's asking us to leave

    22/1/10 LL arrives very aggressivly pushes into house shout. Hubby pushes him back out of door and shuts it behind him.
    1/2 he later hubby phones LL states that his aggression is unacceptable but if "he would like to discuss things calmly to come back.
    OK returns with his wife. During heated debate LL states again to "f the law" and that he knows LL who would have turfed us out when we were a day late on rent, when we stated that this is illegal he said that it'll be too late when we are locked out and our stuff is at the tip. His wife then says "if you want to go down the legal route I promise you this will get expensive and messy" LL then tells us he's a nice guy(!) and that he will use our deposit as jans rent and that in march can pay him £1600! (rent deposit+£100) we do not agree with this and tell them we would prefer them to do things legal.

    2/2/10 LL returns asking for jan rent I tell himwe are still waiting on hb which is taking forever due to him not providing tenancy agreement. He says he's not interested hands me a letter saying that what's written on it will be enforced.
    Letter tells us to be out on or before 12/2/10.

    We seek legal advice. Advised all letters illegal and he can't do anything. Sol to write to LL formally requesting deposit info, elec, gas and energy certs and request a tenancy agreement inorder to quicken the Hb

    11/2/10 10am hubby returns home to find locks changed. Solicitor successfully brings an unlawful eviction proceedings against LL we have court order allowing us immediatly back into prop and and injunction keeping LL away.

    We still owe rent HB struggling to finalize our claim cos they don't have enough evidence of rent.

    Can LL evict us legally? Do we have any rights to fight it due to the LL behaviour.?

  • #2
    Originally posted by Tinky View Post
    Can LL evict us legally? Do we have any rights to fight it due to the LL behaviour.?
    Assuming you are renting a property in England/Wales, and the rent is less than £2,083.33 per month, and the LL doesn't live in the same house, you have an assured shorthold tenancy (it doesn't matter that there is no written contract). The following advice only applies to assured shorthold tenancies.

    Yes, the LL can legally evict you. There are two methods: he could either serve a section 21 notice, which would give you 2 months notice; or a section 8 notice (if over 2 months rent is due and unpaid), which would give you 14 days notice.

    After the end of the notice period, if you didn't leave, the LL could then apply to the county court for a possession order. This takes several weeks between applying and getting a court hearing.

    If the LL uses the s.21 notice option, then he cannot obtain a possession order to take effect sooner than 6 months after you moved in. This does not apply to the s.8 option.

    However, the LL cannot serve a s.21 notice if the deposit you gave him is not protected by a deposit protection scheme. (But he can still serve a s.8 notice).

    LL's previous illegal behaviour does not prevent him from evicting you legally.

    Comment


    • #3
      You have done the right thing and you probably won't believe this but your landlord is in serious trouble. Courts recently awarded two students about £80,000 if I remember correctly for a landlord who changed the locks and harassed them; I even posted details on this forum before Christmas but can't remember the thread (anybody help?).
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


      • #4
        Originally posted by Paul_f View Post
        You have done the right thing and you probably won't believe this but your landlord is in serious trouble. Courts recently awarded two students about £80,000 if I remember correctly for a landlord who changed the locks and harassed them; I even posted details on this forum before Christmas but can't remember the thread (anybody help?).
        You mean 'Uncle Tony' of Nottingham?

        Comment


        • #5
          http://www.landlordzone.co.uk/forums...ad.php?t=25168
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          • #6
            Originally posted by westminster View Post
            You mean 'Uncle Tony' of Nottingham?
            Yes, that's the one - thanks!
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment


            • #7
              Condemned appliances

              Well our saga continues!! After last week our landlord illegally evicting us he turned up today to be there when British gas did the first gas safety checks for a LONG time ( this guy is currently under an injunction) tells my hubby that he'll do what the f@&* he wants. British gas have now condemned the cooker the LL provided. This cooker the landlord says the previous tenants put the cooker in the garden saying it's knackered, but he recons it's fine and fitted it. Cooker was filthy we cleaned it up but couldn't clean the grime out of the back vents. British gas have said the grime is preventing the safety catch from rising.

              Landlord refusing to replace cooker where do we stand?

              Comment


              • #8
                Originally posted by Tinky View Post
                Well our saga continues!! After last week our landlord illegally evicting us he turned up today to be there when British gas did the first gas safety checks for a LONG time ( this guy is currently under an injunction) tells my hubby that he'll do what the f@&* he wants. British gas have now condemned the cooker the LL provided. This cooker the landlord says the previous tenants put the cooker in the garden saying it's knackered, but he recons it's fine and fitted it. Cooker was filthy we cleaned it up but couldn't clean the grime out of the back vents. British gas have said the grime is preventing the safety catch from rising.

                Landlord refusing to replace cooker where do we stand?
                Was there a check in inventory when you moved in and was a cooker mentioned on it?
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                • #9
                  Two separate threads by same member have been merged here. Do not cause problems by starting continuation threads; use the same one.

                  Comment


                  • #10
                    Originally posted by westminster View Post
                    Assuming you are renting a property in England/Wales, and the rent is less than £2,083.33 per month, and the LL doesn't live in the same house, you have an assured shorthold tenancy (it doesn't matter that there is no written contract). The following advice only applies to assured shorthold tenancies.

                    Yes, the LL can legally evict you. There are two methods: he could either serve a section 21 notice, which would give you 2 months notice; or a section 8 notice (if over 2 months rent is due and unpaid), which would give you 14 days notice.
                    The section 21 notice cannot expire prior to 14/05/2010

                    Comment


                    • #11
                      No paperwork at all was completed. No tenancy no inventory no nothing!!

                      Comment


                      • #12
                        Originally posted by Tinky View Post
                        No paperwork at all was completed. No tenancy no inventory no nothing!!
                        But it's possible for an AST to be entirely oral, unpaperworked yet still a valid tenancy.
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

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