Can my landlord evict me without any notice?

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

  • Can my landlord evict me without any notice?

    Hi, I'm in a real pickle.

    I'm a few weeks behind with rent (4) which I was going to
    settle Saturday as my landlord insists in being paid in cash
    and I work full-time.

    I have not received any calls or letters from the landlord until
    yesterday evening when I found a small claims court bill
    pushed under my door.
    The total amout is £1324 of which £140 are for the letter and
    court costs.

    The last time I paid the landlord, I neglected to get him to
    sign in his book that he had received the funds. I recognise
    this was my own stupid fault as I was going on trust.

    That aside the landlord is now seeking to change the locks
    thereby evicting me before a court hearing and without
    any notice.

    I know this is illegal but having read through my contract,
    I found the following term

    'I, Mr X, AGREE NOT TO TAKE ANY LEGAL ACTION AGAINST THE LANDLORD(S) OR HIS/THEIR AGENT(S) IF MY DOOR's LOCK IS CHANGED, IN SO DOING, PREVENTING ME TO ENTER INTO THE PROPERTY. THIS ACTION WILL BE JUSTIFIED IF MY RENT ARREARS OR OTHER OUTSTANDING; ie bills, arrears charges, cleaning charges etc., AMOUNT TO THE EQUIVALENT OF TWO WEEKS RENT OR MORE. I ALSO AGREE TO PAY THE LANDLORD £75 FOR ALL COSTS INCURRED.

    Having read read a little of the 'guidance of unfair terms in
    tenancy agreements' this looks to certainly tip the balance in favour of the landlord.

    Is this legal, please help as I'm afraid to go to work in case
    I can't get in again.

  • #2
    The clause in your AST is not legal/valid ( Your LL just can not change the locks )
    Change the locks yourself to stop your LL gaining entry, or let him do it then sue the bugger for illegal eviction.
    Speak to your local housing advice office ( Council )

    Comment


    • #3
      Thanks Colincbayley

      That's what I thought, but I've had to take the day off
      work because of this.

      Comment


      • #4
        odbo:
        1. I agree with Colincbayley that the clause is unenforceable. English law does not usually permit the parties to oust the jurisdiction of the courts [cf Archbishop of Canterbury!]
        2. Has L served on you any Housing Act 1988 notices, under s.8 or s.21?
        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).

        Comment


        • #5
          No, I've had no other contact with the LL other than this
          served notice.

          What I find strange is there's no 'claim number' or 'issue
          date' on the form and it came in an evelope with 'served
          by hand' written on it.

          Isn't the court meant to post a copy to the defendent?

          Also this guy's really abusive and shouts at all his tennants.
          And there's a clause in the contract about only accepting cash
          payments. Which is what caused the delay as the ATM ate my
          card this week.

          Not to mention the small matter of the £270 he conveniently
          forgot to sign and is billing me for again.

          Och...

          Comment


          • #6
            Originally posted by odbo View Post
            No, I've had no other contact with the LL other than this
            served notice.

            What I find strange is there's no 'claim number' or 'issue
            date' on the form and it came in an evelope with 'served
            by hand' written on it.

            Isn't the court meant to post a copy to the defendent?

            Also this guy's really abusive and shouts at all his tennants.
            And there's a clause in the contract about only accepting cash
            payments. Which is what caused the delay as the ATM ate my
            card this week.

            Not to mention the small matter of the £270 he conveniently
            forgot to sign and is billing me for again.

            Och...
            So he is suing only for debt. He can do that, BUT it has no impact at all on continuance of tenancy- remains in force.
            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).

            Comment


            • #7
              If it were me I'd be inclined to hope he does evict me, and then claim money back from him for illegal eviction. Best of all, no more living with a seriously dodgy landlord.
              The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

              Comment


              • #8
                Thanks for the info.

                I take full responsibility for late payment but he's behaving
                really unreasonably and has not once called or written to
                discuss this.

                I was wondering if I can counter-claim based on his abusive
                and dodgy behaviour. If I could record him, that would be
                ideal, this guy goes crazy!

                Comment


                • #9
                  Originally posted by Grange View Post
                  If it were me I'd be inclined to hope he does evict me, and then claim money back from him for illegal eviction. Best of all, no more living with a seriously dodgy landlord.
                  LOL, with HIS temper, I'll be surprised if he doesn't.

                  I really don't want to abuse landlords but I don't see why I should
                  be treated like this and pay double for the privelige!

                  Comment


                  • #10
                    your tenancy will be shorthold assured by default. Your LL must obey the law on SA tenancies. If he threatens you or changes the locks or evicts you without a court order for eviction by bailif then call the police.

                    Comment


                    • #11
                      Originally posted by Pobinr View Post
                      your tenancy will be shorthold assured by default. Your LL must obey the law on SA tenancies. If he threatens you then call the police.
                      Assuming that you mean Assured Shorthold Tenancy: yes, but that is not the question.
                      L has not served any s.8/s.21 Notice so tenancy will continue. L's debt recovery action is irrelevant.
                      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).

                      Comment


                      • #12
                        Well, he's just been 'round and changed the locks,
                        I was in at the time so I'm not locked out but neither
                        can I lock my door, which means I won't be able to
                        go to work tomorrow.

                        edit. I think I have a case against these people,

                        I'm also getting the following taken out of my deposit
                        as part of the contract

                        £135 contract/insurance
                        £60 cleaning
                        £85 cutlery/crockery (2 plates, 2 knives/forks and 2 mugs)

                        Comment


                        • #13
                          Originally posted by odbo View Post
                          Well, he's just been 'round and changed the locks,
                          I was in at the time so I'm not locked out but neither
                          can I lock my door, which means I won't be able to
                          go to work tomorrow.

                          edit. I think I have a case against these people,

                          I'm also getting the following taken out of my deposit
                          as part of the contract

                          £135 contract/insurance
                          £60 cleaning
                          £85 cutlery/crockery (2 plates, 2 knives/forks and 2 mugs)
                          I would pretend I have been locked out as you would have been in reality had you not got home in time, contact the police the council housing department and shelter make a mega saga out of it and get LL the prison sentence he deserves!!

                          Comment


                          • #14
                            Thanks Terryok. But what about the 2 weeks rent (£270)
                            I paid him that he's basically saying he's going to charge
                            me for unless I play by his rules? I can't prove I paid it
                            to him, my own dumb fault for going on trust.

                            Comment


                            • #15
                              Originally posted by odbo View Post
                              Thanks Terryok. But what about the 2 weeks rent (£270)
                              I paid him that he's basically saying he's going to charge
                              me for unless I play by his rules? I can't prove I paid it
                              to him, my own dumb fault for going on trust.
                              I wouldn't worry overly about that - now your LL has shown his true colours by changing the locks he's going to have difficulty in proving his honesty to anybody.

                              Don't quite understand the lock situation - can you get out of the property? ie is it just a yale-type lock?

                              I'd seriously consider leaving the property now and locking yourself out, and calling the police, as advised above - he'll be in deep do-do. (Are you sure he didn't/doesn't know you are inside?)

                              Comment

                              Latest Activity

                              Collapse

                              • Mouldy silicone wear and tear?
                                aciduzzo
                                Tenants are moving out today and i am doing the final inspection later; however, last time i was at the flat i noticed the bathroom was in a poor state.

                                What is the general opinion on black mould that has formed inside bathroom silicone? Is it considered wear and tear? Also, the seal...
                                03-07-2017, 08:07 AM
                              • Reply to Mouldy silicone wear and tear?
                                mystic08
                                You might like to gift your new tenants some Kilrock mould cleaner which is magic in a bottle! Cheapest in the Pound shop or The Range but supermarkets sell it too. Works brilliantly on algae too. Garden pots, patios, headstones etc.
                                22-07-2017, 20:52 PM
                              • Discussion - GDPR and implications on landlords
                                MrShed
                                I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

                                I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
                                20-07-2017, 15:01 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                jjlandlord
                                That's the exemption that allows sending data outside of the EEA, which is the issue discussed.



                                No, because of that very exemption....
                                22-07-2017, 19:19 PM
                              • Referencing question
                                kangoo1
                                A couple wants to rent from me, she is on maternity leave and will not be returning to her previous employment, he is permanently employed and moving due to a job transfer. I have referenced him for the full rent and his guarantor has been successfully referenced.
                                I am going to prepare the ast...
                                22-07-2017, 17:19 PM
                              • Claiming for protected deposit
                                mandm
                                This is an interesting one, got me into a spin.
                                Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
                                I served the...
                                21-07-2017, 08:00 AM
                              • Reply to Claiming for protected deposit
                                JK0
                                I'll leave it at that. I'm not going to get into one of JPK's interminable arguments.
                                22-07-2017, 16:28 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                jpkeates
                                That's simply one of the Schedule 2 exemptions which, if met, allows a process using personal data at all - all the other principles still apply in parallel (where it can be stored, be not excessive, kept up to date etc).

                                So, while it might be OK because it relates to a contract, there...
                                22-07-2017, 15:22 PM
                              • Excessive estate agent fees
                                Cml241
                                I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
                                21-07-2017, 16:26 PM
                              • Reply to Excessive estate agent fees
                                mariner
                                A new 12 month fixed term does provide LL & T with extra security but can lead to complications for either if their resp circumstances/legislation change during the new AST.
                                Personally, I would prefer if a orig AST was for a fixed 6 month term, followed by an SPT that required both LL &...
                                22-07-2017, 14:09 PM
                              Working...
                              X