landlord rights

tbs624

Some starters:


Is this an AST? Are you still within a Fixed Term or has the tenancy become periodic running form month to month?

When did the tenancy start and when did your rent payments fall behind?

The LL is only obliged by law to give you a rent book if you pay a *weekly* rent, but you are entitled to either a tenancy agreement or at least a statement of the basics of your tenancy.


If you didn't pay a tenancy deposit to the LL, why are you highlighting the tenancy deposit regs? You say you didn't pay one , the LL/LA seems to think you did?

If you did actually pay a deposit and your LL is now serving you with a s21 Notice , the Notice will be invalid if the LL hasn't scheme registered it (as you yourself note)

On rent unpaid - you will know that you are legally obliged to pay your rent in full and by/on the due date. T's who can't for whatever reason should discuss it with the LL from the start rather than simply allowing arrears to accrue whilst the LL is left to guess what is wrong.

Has the LL given you a clear Statement of Rent, with all payments to date and clearly showing any outstanding amounts? Have you made it clear what you are doing to address those arrears?

Have you also been served with a s8 notice? ( you say that the rent is not 2 months unpaid?)

Heelixx

Thnx TBS nearly come a cropper there, think i changed all names & company names to:~

Mr. A / B (Tenants)

COMPANY (Landlord)

shaven-monkey

Heelixx wrote: »

I would like to also add:~

Entering the property @ 10:45pm without 24hrs notice in writing.

Threatening to break my legs

Throwing a Kettle filled with water over my personal property (e.g. My Bed) then informing me that I couldn't get him arrested for Criminal Damage as it isn't deemed to be that offense.
(I would have thought if he knew, it would have been premeditated) ?

Breach of contract terms specifying quiet enjoyment.
Asssault with a kettle.
Threatening to break someone's legs is frowned upon by the courts.

I'd recommend finding another place to live, the landlord doesn't know what they're doing and they sound like a nutter.

tbs624

[QUOTE=Heelixx;36311169I would like to also add:

Entering the property @ 10:45pm without 24hrs notice in writing.

Threatening to break my legs

Throwing a Kettle filled with water over my personal property (e.g. My Bed) then informing me that I couldn't get him arrested for Criminal Damage as it isn't deemed to be that offense.
(I would have thought if he knew, it would have been premeditated) ?[/QUOTE]

Okay, now you have added those points in an edit, it is clear that you need to see the Tenancy Relations Officer at the local Council's private sector housing office AS A MATTER OF URGENCY. They are always busy but you must tell them it is urgent and that your LL has threatened physical violence.

Threats like these should also be reported to the police and a crime number obtained. you m ay have to very insistent with them as some police officers are sadly lacking in their knowledge of LL & T law and therefore can be slow on the uptake in cases of tenant harassment


Shelter 0808 800 4444 and community legal advice http://www.communitylegaladvice.org.uk/ can also offer advice.

Heelixx

TBS:~

The LL never recieved a Deposit but in his letter addressed to only myself, he claims that he had taken a non-existant Deposit & used it to pay rent for a month. How could he do that when it was not given & also not deposited into Government Legislative Scheme.

I have discussed with the LL about paying off the discrepancy of £133.33 in installments. This fell on cloth ears & he has dismissed all knowledge of myself telling him how it can be paid off. I have no problem paying back what is owed to the LL as I am legally bound to do so.

No clear statements of Payment have ever been given to Mr. A or B even when requested.

The LL is adamant that he took a deposit at the start of the tenancy, hence why I highlighted to him about the DPC.

No S8 notice given, only a letter aimed solely at myself not both Tenants. No proper forms have been sent to us the tenants, neither has he started court proceedings to start the process. Just his own laws, Harassment & threats are in play.

The AST gives each side 1 month notice. That would imply that 2 months Rent would need to be in arrears (or that is to my knowledge).

Feel free to ask more questions if i have missed anything out.

Heelixx

TBS:~

I have reported the LL to the Police & he was Arrested for Affray. Since the arrest he has been let on bail by giving the Police a complete pack of lies.

I went to my local authority & have seemed to be passed from pillar to post & to be quite honest with you, not taken seriously.

I would say I am a man of Firm Stature but am not willing to re-enter the property as it resides above the LL's Public house, also from various sources the LL has rallyed the punters on his side. Any of these people can gain access to the place of residence within 5 seconds, there are rather a lot of unsavoury characters in there too.

The Police said to me that the case is a Civil matter and yes correct, lacked knowledge of the Laws.

I would like to add, I cannot get into the property to collect any belongings due to it being extremely confrontational. Hence i have 3 t-shirts, 3 boxers, 1 pair jeans & only paperwork into one small holdal. Fortunatly for me a friend has lent me his floor. How can my life proceed when I can't get re-housed as rent would have to be paid to new LL & the problem LL at the same time?

tbs624

Heelixx wrote: »

The AST gives each side 1 month notice. That would imply that 2 months Rent would need to be in arrears (or that is to my knowledge).

If you are still with a Fixed Term then you, as the T, can just go at the end of the FT without specific notice ( although generally courteous to advise LL) - LL however has to give you two months notice to line up with the end of the FT agreement ( even then if the T does not go, he has to proceed to court to evict) . He can put what he likes in his tenancy agreement but he cannot override the law.

He can apply for repossession prior to the expiry of the Fixed Term on the grounds of specific breaches by the T, but has to do so via the courts: repossession cannot be sought by using behaviour likely to amount to tenant harassment and illegal eviction, both of which are criminal offences.

tbs624

I would like to add, I cannot get into the property to collect any belongings due to it being extremely confrontational. Hence i have 3 t-shirts, 3 boxers, 1 pair jeans & only paperwork into one small holdal. Fortunatly for me a friend has lent me his floor. How can my life proceed when I can't get re-housed as rent would have to be paid to new LL & the problem LL at the same time?

Following your latest edit: have both you and your co-tenant been obliged to move out? If he is still there can he get your possessions for you?

Please do ring either Shelter on CLA ( links above). CLA can put you in touch with a suitable legally qulaified adviser in your own area. This is important because not all solicitors are fully au fait with LL&T law.

Did you specifically talk to someone in private sector housing at the local Council? Did you ask for a TRO (tenancy relations officer) as they can liaise with "difficult " on a T's behalf.


You should also put in a formal complaint to the police - they have to take tenants seriously in these sort of cases and cannot simply fob you off with "it's a civil matter". The Association of Tenancy Relations Officers have run training sessions for the police, just along the coast at Brighton/Hove. See here

Heelixx

Local Housing Authorty said it wasn't a case for them & couldn't help me with investigating the LL or could they provide me with alternative accomodation, they said i would have to find it myself.

They sent me to ******** Advice Centre (not CAB) to start the ball rolling. So far they said all they can do is send the LL a letter asking him to refrain from his actions!!!!!!! This is very disheartening.

All payments of rent were fully up to date until July when I had to get the Housing Benefit to pay my rent & set up the initial claim.

May: £433.33
June: £433.33
July: £300 (inital start up claim paid in arrears)
Aug: £435

Above is the break down of payments to the LL from just myself not Mr. B (flatmate).

Mr. B. Paid in full each month & hasn't faultered.

Heelixx

tbs624 wrote: »

If you are still with a Fixed Term then you, as the T, can just go at the end of the FT without specific notice ( although generally courteous to advise LL) - LL however has to give you two months notice to line up with the end of the FT agreement ( even then if the T does not go, he has to proceed to court to evict) . He can put what he likes in his tenancy agreement but he cannot override the law.

He can apply for repossession prior to the expiry of the Fixed Term on the grounds of specific breaches by the T, but has to do so via the courts: repossession cannot be sought by using behaviour likely to amount to tenant harassment and illegal eviction, both of which are criminal offences.

tbs624 wrote: »

Following your latest edit: have both you and your co-tenant been obliged to move out? If he is still there can he get your possessions for you?

Please do ring either Shelter on CLA ( links above). CLA can put you in touch with a suitable legally qulaified adviser in your own area. This is important because not all solicitors are fully afai with LL&T law.

Did you specifically talk to someone in private sector housing at the local Council? Did you ask for a TRO (tenancy relations officer) as they can liaise with "difficult " on a T's behalf.


You should also put in a formal complaint to the police - they have to take tenants seriously in these sort of cases and cannot simply fob you off with "it's a civil matter". The Association of Tenancy Relations Officers have run training sessions for the police, just along the coast at Brighton/Hove. See

Did not specifically speak with a TRO as never knew of this till your advice, and the Housing Benefits did not tell me either.

As for the Police, they are still gathering evidence about the case. Problem here being is, my Flatmate seems to think he is not involved in this case as he paid 1/2 the rent on a Joint AST, in the AST it does not mention anywhere that we pay 1/2 it just says "£866pcm".
Also i sincerely do believe he has been threatened or in a worse case scenario been paid off to withold evidence from the Police. He is the Key holder in all of this & although he was in the residence at the time of the events, he is not answering calls from the Police neither will he commit to taking sides as he so put.

So without him giving any evidence, how can this proceed or can the courts if taken to court, supeena (scuse spelling) to court to give evidence on the case or worse off, be charged with witholding evidence?