Eviction

[stardust]

Have posted on here before and hoping I can get some more help. Letting agent called me to tell me that she was calling to my property tomorrow with her guys to kick me out forcibly can this be legal?

Second phone call to me she then says that she has been to the courts today and they have issued a notice to quit within seven days without hearing my side but she is still coming tomorrow anyway. Can this be done?

Thanks
stardust

[RichieP]

Sounds like complete BS and verging on harassment. If you've received nothing from the agent in regards notice, or any papers from the court, there's no way they can evict you legally.

Get on the phone to the council tomorrow and speak the the tenancy liaison officer to see if they can advise you. Also speak to the police. They may try to tell you it's a civil matter, but they need to help you being illegally evicted.

Is there anything you're not telling us?

[justaboutsane]

http://www.landlordzone.co.uk/forums...ead.php?t=3627

This is the original thread by the OP.

What happened to the Officer from the council .. did they ever persue it as it appears they are trying it on again!

Call the council first thing and also try calling your local court to see if anything was sent in and if there really is a court case. Could be that they have somehow doctored the facts and have managed to get a "legal" eviction going.

[stardust]

No its the agent that does not like tenants being in there property once they have got your 1st months rent and bond. Have a look at previous threads i have posted. And I am still up to date with my rent, its them who has broke the contract not me still NO copy of contract will not give it to me. Still no Washing machine and Fridge Freezer will not deliver and they have not appreciated me complaining about it which I think I have every right.

[stardust]

the council officer has rang them they put the phone down on her they have sent them letters which they will not reply to.

[stardust]

If the company is in Manchester and I am in another town further out would they go to the Manchester courts or would they have to go to the court where the property is?

[RichieP]

They should use the County Court that is nearest to the property. Contact your local County Court.

[Surrey]

I suggest you write a letter to your landlord informing him of what his agent is doing, in case he is unaware. You can remind him that as far as you (and probably the courts) are concerned the agent is doing his bidding and that if the agent continues, you will pursue THE LANDLORD for harrassment and attempted illegal eviction. You could remind him (politely of course) that you have taken legal advice on this matter and the penalties for both of these offenses are serious [[can anyone please indicate what typical penalties are, or the maximums, I don't know]] and that it would be HIM and not the agent that would suffer these penalties, as you can only assume that the agent is acting under his direct instruction.

You could then assure the landlord that you are sure he does not want this kind of action to be taken so he should ask the agent to desist, or risk action being taken against him in the courts.

[stardust]

Cannot get in touch with the Landlord because everytime I ask them they give me different names and numbers so I do not speak to him. So this is proving very difficult. Which if they were not doing anything wrong I am sure they would give it to me to sort this matter out.

[justaboutsane]

If you do not have an address for the Landlord then no rent is due!! .. However if they give their address then thats how they get around that one.

Go to the Land regsitry and apply for a copy of the deeds to the house you are renting, I think it only costs £3 that will have the address of the owner on it and you should be able to write to them at the address given. If its the address you are living in try writing to the bank named on the documents!!

Have you called the local court yet?? they may be able to shed more light on the situation too.

[Bel]

If you ask them in writing for the LL's name and address, they are legally obliged to give it to you within 21 days. If they do not, they have committed an offence. Tell your tenancy relations officer.

[stardust]

I have rang the courts and there is nothing at all on there computers and I would have to receive notification from the courts before the could do anything. And also it would have to be a court bailiff that came round with them which obviously they need to notify me again but it would take longer than a day to sort out.

[justaboutsane]

Sounds like they are pulling a fast one! ..

Bel, the letting agent could give their own address for the LL tahts whY is ay check the Land registry for who owns the house!

[stardust]

This has been going on now since august other tenants in the apartments have come and gone there is only me who seems to have the guts to stick it out. Its been hard but I am not being pushed about by some agent who thinks they have the right to do what ever they want... Still sat here waiting let you all know tonight if they turn up... Thanks

[Bel]

Bel, the letting agent could give their own address for the LL tahts whY is ay check the Land registry for who owns the house!

But if they did they would be commiting an offence, I think ( Legislation: Landlord and Tenant Act 1985 section 1)

1. DISCLOSURE OF LANDLORD’S IDENTITY
(1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a) any person who demands, or the last person who received, rent payable under the tenancy, or any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
(2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.


Land registry is good idea. The agents are hardly likely to comply with the request anyway! But its more fuel for the fire.