Abusive Landlord Taking Money From Credit Card without permission

samsong_1234

Hi

I live with two other girls and today i got a very abusive phone call from my landlord were he shouted down the phone about paying him £600 by tomorrow or else he would have his lawyers on me. I could not say one word as each time i opened my mouth he shouted over me again like an angry father.

The same landlord just barges in when he feels like it and has even charged rent to my flatmates credit card without her permission as he had her details from ages ago when we put down a deposit.

I live in scotland. Is there anything that can be done as i think he is being unreasonable to demand so much from a student in 24 hours.

cte1111

Do you / your flat mate owe him rent? If not, why is he asking for £600?

samsong_1234

cte1111 wrote: »

Do you / your flat mate owe him rent? If not, why is he asking for £600?

Yes I owe him it but i have applied for hardship from my uni and am waiting on that before i can pay him.

He wont even let me get the words i have out of my mouth before i get more abuse down the phone

I have been "instructed" to call him back every half hour with "updates" on the situation

BitterAndTwisted

I think your flatmate needs to get that credit-card cancelled by the issuer without delay. Just say it's been lost or stolen and call them right now.

Being behind with the rent when you've made a commitment to pay on time is very, very naughty indeed and is obviously causing your landlord anxiety and distress if they have a mortgage to pay on the property. In you place I'd either borrow the funds from family or try and arrange an overdraft facility with the bank.

Get the barrels on the locks changed and save the old ones to replace when you leave the property. The landlord has NO RIGHT in law to enter the premises without your express permission and if he's abusing you on the phone now I wouldn't be surprised if they'd turn up and abuse or threaten you in person if you don't get up-to-date with the rent asap

theartfullodger

Sorry to read your story: Dreadful.

Contact the Police about this and ask them to make a note of your landlord harassing you...make a note of when & how you told them.

Might be worth checking if he is a registered landlord for that property - you can check at...
https://www.landlordregistrationscotland.gov.uk/Pages/Process.aspx?Command=ShowPublicSearchPage
- it is a criminal offence not to be...

In your shoes I'd write him a calm, polite letter noting the harassment (use that word,..) enclose a cheque for whatever you can afford, and promising to pay off the arrears over a period of time you feel OK with. Keep a copy. Tell him in the letter if you do not want him to 'phone again.

Contact CaB
http://www.cas.org.uk/webdefault.aspx
and/or Shelter Scotland for more advice...
http://scotland.shelter.org.uk/

Both are charities and have too many demands right now so you may need to be patient.

Does you university have an accommodation office? It might have some advice - indeed might "know" this Gentleman.

See also
http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies#11

Cheers!

Lodger (Scottish Landlord: No LL should behave like this: Ever)

PS Re. Bitter&twisted's advice about changing locks: I think this may be unwise in Scotland, so I'd be careful about doing this before getting advice from CaB or Shelter.

theartfullodger

? Your 'phone doesn't allow you to record his calls does it ?? (Or can you get access to one that does?? Might be "interesting" evidence....

Re. what to do about Landlord harassment in Scotland see here....
http://scotland.shelter.org.uk/getadvice/advice_topics/eviction/harassment_from_your_landlord_

Note: :Landlord & Tenant law is different between Scotland & Engerland ... beware some advice given here...

Hope it gets sorted... Good luck!

Blackpool_Saver

I would ask the police to go and have word with him

Milliewilly

You got shouted at on the phone because you owe your Landlord £600 - he wants updating by phone and people are talking about getting the Police involved for harrasment - come on!!

clutton_2

what are you doing to get your rent paid ? have you had the money for maintainance and spent it on other things, or has it just not come through yet ?

Jowo_2

The landlord is being unprofessional and the tenant is not meeting their contractual obligations.

The landlord has every right to follow up with the tenant about their rent arrears, including seeking legal action against the tenant for defaulting, but should do this in a business-like way, such as in writing.

The tenant should have communicated at the outset the likelihood of arrears and kept them in the loop about repayment. They should appreciate that their status as a student is completely irrelevant - their relationship with the landlord is as a tenant. It is their obligation to ensure the rent is paid on time - again, it's not the landlords problem that there is a hold up.

A tenant is permitted to have quiet enjoyment of the property and the landlord has no right to enter the property without giving notice and gaining consent. They should instruct the landlord to keep their communication in writing and not accept any further phone calls from them.

It's a shame that the tenant has defaulted on the rent so quickly into the academic year, barely halfway through the first term, and they should consider getting a job or loan to sort it out as hardship funds are discretionary.

BitterAndTwisted

Artful, what does the law in Scotland have to say about the landlord entering the premises without the express permission of the tenants, do you know?

Apologies to the OP for having given erroneous info.