Trying to get out of fixed AST, feel unsafe in own home.

[Navy_Nick]

Good evening Ladies and Gentlemen.

Firstly thank you for taking the time to check out my thread.

I am faced with a problem of possible eviction, or threats of. Please allow me to fill you in with some back story of the situation.

Me and two friends moved into a three bedroom end terraced house on an Assured Shorthold Tenancy Agreement for 6 months through a Letting Agency. Everything has been done above board, inventory carried out by a clerk, and deposits protected with the relevant protection schemes etc. Now, after moving in and having a small house warming party we upset the neighbors. We were politely asked to turn the music down, to which we obliged. However the walls in these new builds are so extremely thin! We literally can't do anything it seems, have any friends over making the slightest bit of noise whilst playing cards in our conservatory or even listening to some music as a lower then talking volume. The neighbors literally knock on and complain over anything. We sort of feel that from the day we moved in they have been somewhat nasty towards us. We knocked on and invited them over for a cup of tea, to get on their good side but they refused. The three of us are respectable mid 20's men who are very much career driven, and don't want to cause any trouble so we have been keeping the music down, to the point where we can't even enjoy our own home.

Now I've given you the back story. Several weekends ago when the Froch and Groves fight was on TV we had several friends and family members over ours to watch it on Pay Per View. As soon as the fight finished about 2245 the man from next door knocked on, he had alcohol on his breath and was being very threatening towards one of the house mates father whom answered the door. I went to the door and tried to speak to him, asking him what the issue was, and that people were leaving as the fight had finished and we were not going to be having any music on. He claimed that he could hear music, and that me and the other lads should come into his house and listen to it for ourselves. We agreed, and upon trying to get through his front door he suddenly turned around and became very nasty. Threatened to kill several of us, and started to push my friend. My friends natural instinct using self defense was to drop the guy with a hook. However when turning around to walk away from the incident the neighbor jumped up and hit him in the back of the head. Several blows were exchanged, and I got everyone back inside and closed the front door. They called the police first, and made up some insane stories about us being on drugs, having children over our house whilst taking drugs, playing loud music every day of every night. They rang the council, who have sent us a threatening letter. They rang the letting agency who have threatened eviction. We've of course spoken to the police, explained our side of the story but we are the ones getting said nasty letters from the authorities, not them. No one is pressing any charges, and all of the information they have given the police/council/letting agency is complete slander and based on no fact. I am personally serving in the armed forces and would have nothing to do with any illegal substances in my presence or on my property.

Thanks for reading and I hope some of you can let me know where I stand on this matter.

- Navy Nick

[thesaint]

There is little to say.

The letting agent has threatened eviction.

[Navy_Nick]

Can they simply evict us on a baseless reason that holds no fact or evidence?

[Mrs Mug]

You can be evicted using a Section 21 notice for no reason whatsoever.

[Navy_Nick]

At any point within our 6 month AST?

[Mrs Mug]

No. Only after the end of the fixed term.

[jpkeates]

When you say that "they rang the letting agency who have threatened eviction", how did that actually happen.
How did they "threaten" eviction?

[theartfullodger]

Until you are served/sent a formal notice (in England headed either "Section 8" or "Section 21") the legal process hasn't even started...

The process is, landlord (or agent)serves notice, it expires, landlord starts court proceedings, if granted then eventually bailiffs. Some months usually. See here from the experts..
http://england.shelter.org.uk/get_ad...rthold_tenants

[Navy_Nick]

When you say that "they rang the letting agency who have threatened eviction", how did that actually happen.
How did they "threaten" eviction?

We were told that they had a complaint from our neighbors that we assaulted them and constantly do drugs/have kids in our house etc and that this is in violation of our AST and that we could face eviction. That's how it was left.

[theartfullodger]

There's nothing to stop landlord going through the courts to evict on those grounds: But they'd be very very very lucky to get an eviction unless there was very hard evidence (eg Police reports, written complaints from several neighbours..) etc etc/...

I'd do nothing in your shoes..

Or possibly you counter-claim for harassment...
http://england.shelter.org.uk/shop/p...n_advice_guide

Cheers!

[thesaint]

There's nothing to stop landlord going through the courts to evict on those grounds: But they'd be very very very lucky to get an eviction unless there was very hard evidence (eg Police reports, written complaints from several neighbours..) etc etc/...

My guess is that they would evict using a Sec 21.
So post #4 would stand.

[Darth Wookie]

I assume there is no police report to that claim. I also assume there has been no formal investigation by the local authority, environmental health or other agency in order to provide evidence. On those assumptions, sit still and wait it out. The LL can issue a S21 to begin repossession proceedings at the end of the fixed term and you will eventually be forced to leave, however it's a slow process and you clearly have plenty of notice that this is the route most likely to happen.
Based on your own testimony of low level noise, occasional house full of 'lads' and no other 'dodgy' issues, it sounds like you have malicious complainants living next door. They've probably had rotten tenants as neighbours before and were hoping for a nice quiet professional couple, ideally with no kids, to move in.
Ask the LA's to explain what their 'eviction' process is, post it here, and we'll advise from there.

[Navy_Nick]

Darth Wookie,

Thank you for taking the time to reply to my thread. After the 'assault' incident the police were called, and they took interviews from both sides. I can only assume they claimed we attacked them first, and we said they attacked us first so I'm not sure how that works. So I'm not sure if that is classed as 'evidence' considering it's inconclusive. We've had no monitoring equipment or anything used against us just letters from the council threatening that action. You are correct about the old neighbors, apparently they were party animals and we've just moved in and are sort of being victimised because we are three mid 20's men, they are making all these incorrect assumptions about us and we feel that we are being treated as the criminals here.

Any how from what you guys have said I feel a lot more comfortable now. So because we are on a fixed AST they can't just give us a S21 without sufficient evidence proving we have done something wrong. Obviously a letter from the council saying we've had a complaint made against us and a police report that's inconclusive wouldn't be enough to try and evict us before out tenancy agreement is up would it? Of course they could simply not renew our tenancy agreement come the time.

[mariner]

Is the LL leasing thr property to Council for x yrs in return for some grant improvement money or other arrangement?
Who signed tour AST?
Council cannot evict a private T, they can serve noise abatement notice or even obtain an ASBO.
Private LL can serve s21 today (no reason reqd) but cannot action it until afterend of fixed term.
Prob best to hold your parties at friends' houses to minimise complaints from neighbour, who appears ypset at having to live next to rented property.

[theartfullodger]

You are mistaken: Thanks to Thatcher's 1988 Housing Act the landlord can issue a S21 notice for no reason at all at any time: However it cannot expire before the end of the fixed term.

In other words, a landlord does not need a reason to evict a (say..) perfect tenant who always pays on time, gets on with neighbours, looks after the property...

Sorry!