OMG son's Landlord has just threatened violence!

sal-ad_daze

Hi there,
Urgently need some advice.

My son is in a flatshare with a friend, both students.
I'll say upfront they've been a bit erratic paying the rent (the student finance fiasco this time last year didn't help) as the Landlord demanded the rent before their loan payments were made.
Their rent is due this week and he made arrangements to visit today to collect it (he always collects cash).
My son has his daughter to stay overnight on Mondays and his friend wasn't home last night, they assumed the landlord would call in the evening after work as he usually does.

Anyway, my son rings me about an hour ago and says 'listen' and I could hear a loud banging on the flat door (you shouldn't need to knock on the flat door as there is an intercom door system to enter the building. He told me it was the Landlord and he didn't like the sound of the banging, especially with his baby daughter in the flat. He agreed he had to answer the door so he hung up and went to the door with the baby in his arms and the landlord really kicked off, he asked if the baby was more important than him so my son just looked at him as though to say 'do I really need to answer that?' the landlord yelled "don't give me that look, come on then if you think you're man enough- outside now!"
Son declined and reminded him that he had a babe in his arms (who was by now cowering into his shoulder) the landlord gave one of those laughs and said he'd be back at 5 o'clock.
He's already previously threatened son's flatmate by threatening to throw him off the balcony.
The problem is son doesn't have his rent today, we're waiting on an ESA medical and he's applied for housing benefit but it hasn't come through yet. I've tried ringing the landlord to explain the position to him but he doesn't answer the phone.
I want my son out of there today!
Where do we stand can anyone help?

poppysarah

Has he rung the police?

Fiddlestick

sal-ad_daze wrote: »

I want my son out of there today!

There is nothing stopping your son from leaving today if he wishes.

However, that's not going to get him out of his liability for the backdated rent and any further rent that he will be liable for if he moves out today and gives his notice.

That's a separate issue from the threats made by the landlord and I'd suggest contacting the Police and seeing what they say.

Your son isn't going to get out of paying the rent though, no matter how unreasonable the landlord acted.

vectistim

Get him to go to his council's Housing Services department and tell them what you've just told us.
I presume he's at university - if so the students' union will have some sort of housing section that he would do well to talk to as well.

GillsMan7

Your son is at liberty to change the locks if he's worried about the landlord entering illegally.

sal-ad_daze

Fiddlestick wrote: »

There is nothing stopping your son from leaving today if he wishes.

However, that's not going to get him out of his liability for the backdated rent and any further rent that he will be liable for if he moves out today and gives his notice.

That's a separate issue from the threats made by the landlord and I'd suggest contacting the Police and seeing what they say.

Your son isn't going to get out of paying the rent though, no matter how unreasonable the landlord acted.

Paying the backdated rent isn't what I'm worried about, I know that it has to be paid, what I'm worried about is the threatening behaviour of the landlord!

Thank you to everyone for your advice, he never thought to call the police as all he was concerned about was his baby daughter.

I don't want him to go back to the flat today as the Landlord said he's coming back this evening - he has to take his daughter back to her Mum anyway so probably won't be there if he comes at the time he says he is. Problem is he never does! He says he's calling at a certain time and they wait in for him and either he never turns up or it's about 8 hours later! They've waited in all weekend for him before now.
We don't have any contact details for him apart from a mobile phone number so we can't even say we'll send you what is owed!

tbs624

sal-ad_daze wrote: »

Hi there,
Urgently need some advice.

Ts should pay their rent or try to negotiate a plan if they have financial problems, however, LLs have to use the proper procedures to deal with rent arrears, rather than simply sorting matters out as they think fit.

It's not acceptable for any LL to threaten violence and/or physically or verbally intimidate a T.

Tenant harassment is a criminal offence. Your son should call the Council's Private Sector Housing office and ask to speak to the Tenancy Relations Officer (TR0) He should tell them its urgent - they are always busy so he may have to be persistent.

Report the incident to the police, as Poppysarah says, and insist that a crime number is given . Some police officers are not au fait with LL& T issues and may try to fob your son off with "it's a civil issue" so again, he will have to persist.

He may also want to try Shelter 0808 800 4444 ( lines often very busy)

sal-ad_daze wrote: »

I'll say upfront they've been a bit erratic paying the rent (the student finance fiasco this time last year didn't help) as the Landlord demanded the rent before their loan payments were made.

Your son and his housemate have to try to prioritise their rent payments - failing to pay in full and on time, is likely to lead to the LL seeking to regain the property.

The LL is under no obligation to fit his receipt of the rent payments around your son's student loan payments - the date the rent is due is the date in the tenancy agreement, which all parties will have signed up to.

Have they tried to discuss the rent payments with the LL & tried to come up with a repayment plan or have they just avoided him? (perhaps understandably if he threatens people)

As you say they are both students , have they applied to the Uni for help via the hardship funds?

I note that you also mention ESA and HB/LHA - is your son a full time student, or part time?

Has your son obtained and kept receipts for rent payments made to date, as you say it is paid in cash?

Did he and other other student pay a tenancy deposit? If yes, do they know whether the LL has scheme registered it? (Eng & Wales, AST letting , post 6 April 2007 or FT renewal after that date)

Have they been given a copy a gas safety cert for this property?

Does post for the LL come to the property? ( If it does, it would suggest that the LL has not got Consent to Let from a mortgagor)

tbs624

sal-ad_daze wrote: »

P
We don't have any contact details for him apart from a mobile phone number so we can't even say we'll send you what is owed!

Is there no address given on the tenancy agreement? This is important because without an address the Ts do not have to pay rent until that information is provided to them. Backdated rent would have to be paid once address *was* supplied, but it may give them a bit of breathing space.


LL& T Act 1987

47 Landlord’s name and address to be contained in demands for rent etc

(1)Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—

(a)the name and address of the landlord, and
(b)if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.

(2)Where—

(a)a tenant of any such premises is given such a demand, but
(b)it does not contain any information required to be contained in it by virtue of subsection (1),

then (subject to subsection (3)) any part of the amount demanded which consists of a service charge (“the relevant amount”) shall be treated for all purposes as not being due from the tenant to the landlord at any time before that information is furnished by the landlord by notice given to the tenant.

(3)The relevant amount shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of service charges from the tenant.

(4)In this section “demand” means a demand for rent or other sums payable to the landlord under the terms of the tenancy.

48 Notification by landlord of address for service of notices

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

(3)Any such rent or service charge shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of rent or (as the case may be) service charges from the tenant.

firstaspect

sal-ad_daze wrote: »

We don't have any contact details for him apart from a mobile phone number so we can't even say we'll send you what is owed!

Seems a bit fishy that you don't have any contact details from him apart from the mobile and he comes to collect the rent in cash.
Is a proper tenancy agreement in place?

poppysarah

I think he should ring the police. He should have already rung them by now!

F_T_Buyer

Err, just ring the police if he comes round at 5pm!

My old landlord (from when I was a student) threatened to kill me, and I recorded it. Proper funny, had a barrel of laughs with that one. Ok, he didn't mean it of course, and all this was over the fact that the other housemates didn't hoover when they left -nothing to do with me (I left early as I had a job to go to).