Harassment by Landlord - advice please

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    Harassment by Landlord - advice please

    Hi All,

    Hoping for a little bit of help

    We have a 3 year fixed Assured Tenancy Agreement with no break clause.

    This has been looked over by our solicitor and all stands

    After two months the landlords issued an Addendum to the lease as they wanted a 6mth break clause written in. We said we would not sign this as we wanted security for the family for 3 years as we are looking at a building project and we would never have taken the house otherwise.

    Late October they issued a section 21 notifying us that they required possession of the property 5th January 2013. The lawyer wrote back to say that as we had a 3 year lease the s21 is invalid, they wrote back to say that it is valid and they will require possession 5th January but they are not unreasonable and as we have two young children we could agree a mutually agreeable date. The solicitor has not yet written back due to Christmas.

    On Christmas Eve we receive an e-mail asking at what time they should come and do the handover of the keys on the 5th .... we didn't reply as we wanted to leave this until after Christmas Day. Today the landlord turns up at the door and asks again what time for the handover, my husband said that he should speak to the lawyer to which the landlord replied there are other ways to sort this matter and he doesn't need to go down the legal route to achieve this?!? We have called the police and they will be coming to take a statement tomorrow.

    We have spent £3000 on decorating the property as it was agreed that we would pay a reduced rent but decorate ourselves (we have decorated all neutral). We decorated it ourselves as we thought we would be here for 3 years.

    Firstly, it is illegal to do what they are doing and secondly I feel harrassed (and a little scared to be having to spend the days on my own here with the two children after his threats).

    Where do we stand legally? Are they allowing us to enjoy the property in peace?



    Thanks

    Olivia

    #2
    From what you have said it sounds as though your landlord is trying to evict you illegally, which is a criminal offence. Suggest you get onto your solicitor and get him to write a stiffly worded letter pointing out the consequences of being convicted for this (prison, etc). If your solicitor doesn't go back to work until the New Year, come back to this forum and someone will help you word that letter yourself if you need help.

    If you do not want to move before the end of your 3 years AST, you cannot be forced to do so.

    However what you might consider doing (if your LL is really desperate to get his house back before he is entitled to do so) is offer to surrender your tenancy early for a very large payment (and we are talking thousands here). Right is on your side, so you can name your price and your move-out date. You could use some of the money to rent somewhere else locally and put the rest towards your new home. But you are under no obligation whatsoever to do that if you want to stay put.

    Above all, don't worry - and stay calm. If he turns up/phones you again, simply say you prefer to deal with him through your legal advisor and shut the door/put the phone down.
    '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


      #3
      In adition to MTGs 'solicitor' suggestion, you should contact your local councils Tenancy Relations Officer (housing department). He or she will look at the situation and, if he feels an offence has been committed, either get in touch with the landlord telling him to lay off, or prosecute.

      Have a look at this to see what TROs 'do', this guys other writings on the web will prove interesting too if you have the time http://www.landlordlawblog.co.uk/201...-newsround-15/

      Comment


        #4
        I'd also change the locks, just in case, and keep a record of everything from now on if this this is not already being done.

        Comment


          #5
          Originally posted by jjlandlord View Post
          I'd also change the locks, just in case, and keep a record of everything from now on if this this is not already being done.
          Yes, I agree. The LL sounds a real piece of work.
          '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


            #6
            Originally posted by jjlandlord View Post
            I'd also change the locks, just in case, and keep a record of everything from now on if this this is not already being done.
            Completely agree with jj... handwritten log is fine, who, what, date, time...

            Call Shelter, the experts in these matters, if you want confirmation - see...
            http://england.shelter.org.uk/get_ad...on_by_landlord
            &
            http://england.shelter.org.uk/get_ad...dvice_helpline

            Shelter provides a free, national telephone advice line staffed by trained housing advisers. We have helped thousands of people, from finding them a place to sleep to suggesting how to handle mortgage arrears.
            Ring 0808 800 4444

            8am-8pm Monday-Friday
            8am-5pm Saturday-Sunday

            Calls are free from UK landlines and main
            mobile networks (Virgin, Orange, 3, T-mobile, Vodafone and O2).
            Stupid landlord : He can get criminal record and/or big fine... Sorry, it shouldn't happen to anyone... best regards...
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              This may also be useful
              http://tenancyanswers.ucoz.com/index..._eviction/0-22

              Comment


                #8
                Thank you all for your responses, can be unnerving to have someone threatening you in your home with 2 babies. I will see what the solicitor says on Wednesday. They are known in the village as being slightly unhinged. They used to pour soup on neighbours cars and let tyres down and super glue the caps back on. We are understandably nervous to be coming up against a couple who are clearly without a conscience.

                Comment


                  #9
                  Originally posted by theartfullodger View Post
                  Stupid landlord : He can get criminal record and/or big fine...
                  Originally posted by Stevenson1 View Post
                  They used to pour soup on neighbours cars and let tyres down and super glue the caps back on.
                  May already have one

                  Comment


                    #10
                    Originally posted by Stevenson1 View Post
                    Firstly, it is illegal to do what they are doing and secondly I feel harrassed (and a little scared to be having to spend the days on my own here with the two children after his threats).

                    Where do we stand legally?
                    Here is a link to the statute which defines the offence of unlawful harassment/eviction (i.e. without a court order).

                    http://www.legislation.gov.uk/ukpga/1977/43/section/1

                    Your landlord cannot legally evict you without a court order for possession. If he commits an offence under the Act then he may be prosecuted* and/or you may bring a civil claim for damages for unlawful eviction or harassment (the sums awarded are often very high).


                    ===
                    * N.B. It's the local authority who bring prosecutions for offences under PEA1977, not the police/CPS, hence Snorkerz' advice to report to the council's Tenancy Relations Officer.

                    Comment

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