OMG son's Landlord has just threatened violence!

sal-ad_daze

Ok.
What an evening!
Sent a text to the LL saying that the boys wouldn't be at the flat tonight or tomorrow and could he furnish a contact address. The phone rang within minutes but I didn't get to it in time so it went to voicemail. He said I should've rung him rather than text and that I needed to ring him straight back. He then went on about us being guarantors and sending the bailiffs to our address! I gave it to my OH to listen to then saved it to my phone. As we were discussing it the phone rang again, it was him, so I deliberately let it go to voicemail and he was really ranting talking about wanting his keys back asap and he would be at the flat at 8am tomorrow to get them. He wanted 2 months rent from ds plus one month for lack of notice and whatever costs he would incurr if he had to call a locksmith tomorrow.
I rang the police. The police have logged the incident as a grade 3 and I am sitting waiting for either a call or a visit from an officer. The police constable I spoke to seems to think there are a number of offences here and they want more detail.
In the meantime I've spoken to ds's flatmate and told him not to answer the phone to LL and not to go back to the flat to sleep tonight.

As a 'by the way' the 12 month tenancy agreement ran out at the begining of September so are we still guarantors and doesn't he have to give them 2 months notice? I never mentioned them giving notice in the text message.
Oh, the gas thing, it's all electric so they don't need a gas certificate.

RAS

Ok a few basics. The LL has to issue a proper section 21 notice and give 2 months notice of termination of the tenancy, on a no fault basis. If he has any wits, he will have issued the section 21 notice early in the tenancy. He can also issue a section 8 notice for late payment of rent once they are 2 months in arrears. Both need to go to court if your son and his flatmate refuse to leave.

Your son and the flat mate can now issue one month's notice of their departure although they could have left without notice at the end of August.

RAS

What is not clear from your other posts is whether the deposit is protected and in which scheme; without that a section 21 notice is invalid.

mynameisdave

ITs also positive to see that the police seem to be taking this seriously and recognise that the line has been crossed and this is not simply a civil dispute.

If LL is threatening to take a locksmith tomorrow then tonight I would remove from the property ranything you don't want to lose.

SouthCoast

From Shelter:

Are you having serious problems with a landlord or someone acting on their behalf? If what they are doing counts as harassment or illegal eviction, they are committing a serious offence and can be prosecuted.

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction

geoffky

OH DEAR.. looks like the tax-man should be informed.. landlords and financial pressure do not mix

sal-ad_daze

He 'allowed' them to use the deposit as a month's rent when they moved in because they were part of the Student Loan fiasco and their money was late in so the nice helpful landlord allowed their deposit to go to rent.
The Police have rung ds tonight (are coming to see him tomorrow) but did say to him that it is a civil matter.
They went to the flat tonight with some mates to move some valuable stuff and the landlord turned up!
Flatmate refused to let him in and he tried to convince him that ds was manipulating the facts. He reckons he's coming back tomorrow.
I'm wondering how he knew they were there tonight.

Rainmaker_uk

sal-ad_daze wrote: »

Ok.
What an evening!
Sent a text to the LL saying that the boys wouldn't be at the flat tonight or tomorrow and could he furnish a contact address. The phone rang within minutes but I didn't get to it in time so it went to voicemail. He said I should've rung him rather than text and that I needed to ring him straight back. He then went on about us being guarantors and sending the bailiffs to our address! I gave it to my OH to listen to then saved it to my phone. As we were discussing it the phone rang again, it was him, so I deliberately let it go to voicemail and he was really ranting talking about wanting his keys back asap and he would be at the flat at 8am tomorrow to get them. He wanted 2 months rent from ds plus one month for lack of notice and whatever costs he would incurr if he had to call a locksmith tomorrow.
I rang the police. The police have logged the incident as a grade 3 and I am sitting waiting for either a call or a visit from an officer. The police constable I spoke to seems to think there are a number of offences here and they want more detail.
In the meantime I've spoken to ds's flatmate and told him not to answer the phone to LL and not to go back to the flat to sleep tonight.

As a 'by the way' the 12 month tenancy agreement ran out at the begining of September so are we still guarantors and doesn't he have to give them 2 months notice? I never mentioned them giving notice in the text message.
Oh, the gas thing, it's all electric so they don't need a gas certificate.

Call me old fashioned but I think you and your son are bang out of order.

You/your son owe this man money. He has a mortgage to pay what makes you think you have the right to mess him about like this?

You're so caught up in your 'rights' that you seem to have forgotten that you bought this on yourselves by not paying. You state that this is not the first time - how would you react if it was you that someone was seemingly stealing money off?

Yes he should not have threatened your son but it sounds to me like the poor man is desperate. He does not think you are going to pay and might be looking for a way out - Oh and he's right you are!

Rather than involve the police and waste their time why don't you do the decent thing and pay the man.

mynameisdave

Rainmaker_uk wrote: »

Call me old fashioned but I think you and your son are bang out of order.

You/your son owe this man money. He has a mortgage to pay what makes you think you have the right to mess him about like this?

You're so caught up in your 'rights' that you seem to have forgotten that you bought this on yourselves by not paying. You state that this is not the first time - how would you react if it was you that someone was seemingly stealing money off?

Yes he should not have threatened your son but it sounds to me like the poor man is desperate. He does not think you are going to pay and might be looking for a way out - Oh and he's right you are!

Rather than involve the police and waste their time why don't you do the decent thing and pay the man.

So the tenants have been late with the rent on occasions. Every time they have paid they have been accomodating to be their to pay cash because the LL wants to collect in person, not set up a DD / SO

Funnily enough, when homeowners are a couple of months in arrers the bank cannot turn up to change the locks and kick them out.

THe LL has not supplied an address from the outset ergo is not entitled to ANY rent.

If he wants to do it he should do it properly.

Cake/eat it.

satchmeister

mynameisdave wrote: »

So the tenants have been late with the rent on occasions. Every time they have paid they have been accomodating to be their to pay cash because the LL wants to collect in person, not set up a DD / SO

Funnily enough, when homeowners are a couple of months in arrers the bank cannot turn up to change the locks and kick them out.

THe LL has not supplied an address from the outset ergo is not entitled to ANY rent.

If he wants to do it he should do it properly.

Cake/eat it.

The OP also indicates that the LL has allegedly threatened both the occupants and the police have recorded this as a level 3 (I've no idea how the stacks up in terms of seriousness). I suspect the deposit is not in any scheme so the OP may be able to take the appropriate steps.

Sure the tenants should have paid on time (via cheque then there is more proof than cash, hope they have recepits.) but there are procedures to deal with this and it is part of the perils of being a LL and renting out to students.