Problems with ex-landlord

iwanttosave_2

Hi.

I'm posting this on behalf of a friend so I apologise if I don't have the full details.

My friend, fiance and 2 children rented out a house via a letting agent just under 12m ago. It was a 6 month tenancy which then turned into a 1m rolling.

She found out after paying deposit and getting keys that she knew the owner of the property as they used to go to school with the husband.

During the tenancy the wife kept sending her messages on facebook, nothing major just "I heard your doing this..." etc.

Last month they got a letter from the agents asking them to move out with the reason being that the owners were moving back in and requested them to be out by August, the next months rent was paid that day. They wern't happy as they'd just got settled but began looking for a new home. They found and secured a deposit on a new house 4 days later and began to move their stuff across and once it was all moved they were going to repaint it and put carpets back down.

While they were doing a trip to the new house the landlady came with a locksmith friend and changed the locks (still a few small goods in the house, nothing important) and hasn't allowed them back in. They have since taken another months rent so has paid rent till August.

The old landlady is now harassing them, claiming they are going to take friend to court for the mess left in house (I doubt they will bother, no problems with state of house) and have found out where the new house is by following them and have since found the landlady's mum has taken to parking up the road and watching them. Friend went round to the house to explain that they weren't given any chance to remove the rest of their belongings and finish preping the house for handing the keys over.

I've told her to go to the police about that bit. Is there anything else she can do about this? She has pretty much written off getting her deposit back because they took over the house before she could remove rubbish and repaint. Is there anything friend should be doing just incase they do try to take her to court? The lettings agent have been utterly useless and just sided with the landlady.

Sorry that's really long, but there has been a lot gone on.

Jowo_2

Get them to speak to Shelter asap about this and how to bring a civil case against them (if the tenants did not hand back the key to the landlord because the tenancy was still ongoing).

If in England/Wales, was the deposit protected in a tenancy deposit scheme?

Did they have a signed inventory/schedule of condition?

Have they been given a refund of the rent paid after the locks were changed? Or do you mean to say that the tenants forgot to cancel the standing order so another month's rent has just been paid (in which case the landlord didn't 'take' the rent, the tenants 'gave' it to them!?

Was it a formal Notice to Quit that they received and if so, when was it served and what was it's expiry date?

Landlord's have to be very careful about taking over a property where it looks like the tenant has gone but keys have not been returned, rent is being paid and no written notice has been received. They are supposed to get a court order when they think its been abandoned but aren't sure. This is what they should have done if they thought your friend wasn't living there. Your friend, by the sounds of it, had emptied all their belongings so perhaps the landlord thought it was abandoned.

http://www.landlordzone.co.uk/legal/abandonment.htm

clutton_2

did your friend sign a schedule of condition "an inventory" when she moved in.. if she did not then the LL cannot prove condition on take up of the tenancy and therefore cannot prove that the tenant did any alleged damage

the LA clearly knows little as any LL has to give a tenant 2 months notice via a Section 21 notice... and if the friend has not had this then the friend has been illegally evicted which is a criminal offence....

Did she give over a deposit ? How did she pay her rent ? cash or via a standing order ? has she got a tenancy agreement ?

iwanttosave_2

Sorry yes it is in England.

There was no signed inventory and no deposit wasn't put into a scheme.

EDIT - Sorry did see further replies.

Rent was paid monthly by Standing order, this was cancelled with the bank after the first rent collect after the notice was given but has some how been set up.

I advised friend that they needed a section 21 but they have a wedding coming up and 2 small kids so they moved as soon as they could.

No refund has been given, should she seek this through the LA? There was only the request to move out from the LA that was sent with the 2 months notice.

House was clearly not abandoned, her bed was still there, towels, crockery and little things like that.

Jowo_2

Then she needs to take her landlord to court for the return of the deposit, plus demand x3 the sum of the deposit as compensation for her failure to protect it. Shelter will advise on this, plus whether the tenant can bring a civil suit for wrongful eviction and the landlord's failure to store the goods left behind, which she is required to do by law. Get her to check with each of the 3 tenancy deposit schemes to double check if it was protected, in case it was but she didn't receive the paperwork.

http://www.landlordzone.co.uk/legal/abandonment.htm

iwanttosave_2

Who are the 3 deposit scheme companies?

Sorry I don't private rent so not sure on all this.

lynzpower

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1977/cukpga_19770043_en_1

here is the protection from eviction act.

It is crystal clear as far as Im concerned that the locks were changed without any legal staeps being taken.

There are significant damages that may be payable, including any extra costs that your friend and family have incurred ( eg buying new beds, towels whatever) Everything that was left behind that they subsequently had to rebuy.

Letting agent should be well aware of this, the fact that they havent guided their clients in the right way to do this is staggering, or maye they just didn't listen, who knows. Letting agent should also be strongly advising re: the TDS. To not protect the deposit puts these amateur landlords at significant risk

What a shower, I hope these amateur jokers get what's coming to them, illegal eviction is not funny and not OK. Absolutely not OK.

Makes me so :mad:when other decent landlords play by the rules but some muppets come along and dont think the law applies to them :mad:

Jowo_2

iwanttosave wrote: »

Rent was paid monthly by Standing order, this was cancelled with the bank after the first rent collect after the notice was given but has some how been set up.

Has the tenant contacted the bank to find out if the S.O. was successfully terminated by them and then set up at a later date or whether there was an admin error on the bank's part who didn't properly end the S.O?.

An S.O. is controlled by the tenant, not by the organisation. Organisations control direct debits but DDs aren't generally used for rent payments by private landlords.

Did the tenant complete the standing order form and give it to the letting agent to pass onto the bank or did they do it directly with their bank.

iwanttosave_2

I've just spoken to her on the phone and the last SO was refunded, I didn't know about that, sorry so ignore that bit.

She sounds a lot more optimistic now. To be honest, I think she'd just be happy to be shut of them. Having the landlady's mum sat on the street staring at the house is un-nerving to say the least.

lynzpower

Did she get her belongings back?

At the very least she should be letting the private sector lettings officer know about this, based at the local council.

terryw

Yes that is a good start. If it were me I would also contact the police over the illegal eviction and the potential theft of the goods which were in the let house.