feel like im being harrased by letting agent - can they do this?

skint-student-nurse

Hi all,

As some of you know,ive had issues with the flat i rent. Unfortunately, I was very ill and had seven weeks off work and didnt get full pay, thus putting in a claim for housing benefit. This obviously takes time and I wrote a letter to the letting agent regarding the situation - but apparently they never got the letter.

I then had a note put through the door saying that they were classing the property as abandoned if i didnt call them to ask why the rent hadnt been paid. I rang them and the lady in the accounting office said that i had 24 hours to move out, and that i couldnt have the gas safety certificate until i had paid my rent, etc and was very rude and unprofessional. I then rang the council who mediated on my behalf with the letting agent,explained to them the situation and the letting agent seemed satisified with what was said by the council.

However, tonight, the letting agent turns up at my flat unannounced, and constantly rang the door bell until i answered (was asleep,i work nights) and starting hounding me about the rent. I spoke to the supervisor yet again about it and explained that i cant pay anything until wednesday if i can at all, depending on what i actually get paid,but i would certainly make the effort. They implied that i had no intention of paying at all, which is wrong, and i feel bullied by the agent. yes, i know the landlord wants his money. i made a comment to the supervisor i spoke to on the phone with the the other letting agent in front of me saying 'i honestly did not know how ill i really was' and the agent infront of me laughed. It so happens i nearly died from a gastric bleed.

Ive had numerous problems with the agent (they manage the property) and the supervisors words to me 'yes,we will hound you until we get the rent'. i feel bullied and really feel like i dont want to live here anymore,especially as they are now turning up here. they are also implying that i should quit the tennacny early - but i am ware of implications of this.

They also implied that i havent got time to wait for the hb claim as they dont want to wait for the money. is there anyone i can complain to about this? the agents are just turning up un-annouced i am also paying for a garage i still cant use and have no key for but niether the landlord or agent seem bothered by this.

Apologies the post is so long and a bit of a rant. An advice would be appriciated. Please go gentle with me

FireWyrm

Well well, it sounds like someone is being a stroppy little LA. Have no fear, I'm sure various of the well known and less than tolerant professionals will be along shortly to furnish you with appropriate tools for chastisement.

In the meantime, don't worry, it's illegal to evict tenants in 24 hours. It's also illegal to harass people and you have apparently taken every opportunity ti aquaint them with the facts which is all you are required to do. If you still don't have a suitable reply tomorrow, I'll write you a particularly stinging letter that you can use to smack the LA with.

Kick back, relax, you're ok and in no danger, stop worrying.

skint-student-nurse

Thanks Fire, I know that legally, they cant serve a s8 for another five weeks, and by then im hoping the arrears should be cleared. Im just so annoyed that they knew everything,said it was fine, yet one of the agents holds the buzzer on the intercom until i answer it,grrrr!

BigAunty

You can ask for an interim housing benefit payment if the council has not managed to process your claim two weeks after you have supplied them with all the correct information.

See the Shelter website for information on how to deal with harassment. keep a written record of the harassment you are encountering.

The Shelter website is also good for explaining how a landlord (via their agent) can serve notice and how they can legally gain possession (which is nothing like how the agent has explained it).

How many weeks (or months) rent do you owe? When does the fixed term of your tenancy agreement end or has this fixed term expired (i.e. you have a periodic tenancy).

*miaomiao*

Hello nurse!

Really sorry to hear you are having such a bad time with your lettings agency and maybe the landlord as well. The LA sounds very bad and what they are doing is unacceptable.

You need to begin corresponding with your LL/LA in writing (even if you send a copy by email also - in this case write at the bottom of each email "Copy sent by post"). Then when you do send this, get a free proof of posting certificate from your local post office. I would not discuss this issue by telephone or text message as you need to keep things in writing. Are you able to contact your LL directly - do you have an address for them? (You may find this on the Land Registry for just a 4 GBP search.) It is the LL (not the LA) who is legally responsible for your tenancy.

I suggest that you *write* (no more phone calls as you need written proof - but do reference your past telephone conversations & their
dates) them to:

1. State your situation as to being in hospital and that your housing benefit application and payments are being processed. Try your very best to leave emotions out of the letter and explanations, just give statements and facts.

2. State that under the Housing Act 2004 you are entitled to quiet enjoyment of the property and that the LA and LL, should they wish to visit the property, must give at least 24 hours notice in writing. Thank them for their previous visits (I know, I know), but tell them that at this time you will not agree to any visits without explicit permission in writing. If they come around again and kick off, do not open the door and ring the police to report them for harassment.

3. Consider changing the barrel of your lock to prevent them from letting themselves in. Then change it back when you leave the property.

4. Regardless of your tenancy agreement being fixed or periodic (rolling from month to month), it is illegal to evict someone without a court order. Your LL or LA will require a court issued notice to let you know that they have begun proceedings to have your removed from the property. This is most often issued as a Section 21 notice. (Did you sign one when you moved in? This is important to know). This cannot be issued if they have not protected your deposit if you moved in after April 2007 at which time the law changed that all deposits must be protected and the information given to you. It would take many months to evict you and the LA/LL would have to give you a notice of 2 months to start with.

5. So who is your deposit held with? There are 3 deposit schemes (search this forum for more info). It is important to know as a Section 21 eviction notice cannot be issued if your deposit is protected.

Tomorrow call your Council's Private Tenancy officer to report this issue and the harassment. Then call Shelter. You will have to wait a bit, but you very much need their advice.

Good luck! And come back for more help. Keep telling us what's going on.

pimento

... and unplug the door buzzer when you're alseep.

G_M

*miaomiao* wrote: »

....

You need to begin corresponding with your LL/LA in writing I AGREE....... get a free proof of posting certificate from your local post office. I AGREE I would not discuss this issue by telephone or text message as you need to keep things in writing. I AGREE...
I suggest that you *write* (no more phone calls as you need written proof - but do reference your past telephone conversations & their
dates) I AGREE them to:

1. State your situation as to being in hospital and that your housing benefit application and payments are being processed.....just give statements and facts. I AGREE

2. State that under the Housing Act 2004 you are entitled to quiet enjoyment not sure it's in the Housing Act - common law?of the property and that the LA and LL, should they wish to visit the property, must give at least 24 hours notice in writing. I AGREE Thank them for their previous visits (I know, I know), but tell them that at this time you will not agree to any visits without explicit permission in writing. I AGREE If they come around again and kick off, do not open the door and ring the police to report them for harassment. I AGREE

3. Consider changing the barrel of your lock to prevent them from letting themselves in. Then change it back when you leave the property. No, don't just 'consider it - DO IT

4. Regardless of your tenancy agreement being fixed or periodic (rolling from month to month), it is illegal to evict someone without a court order. I AGREE....

5. So who is your deposit held with? There are 3 deposit schemes (search this forum for more info). It is important to know as a Section 21 eviction notice cannot be issued if your deposit is protected. check each scheme yourself - see here

All good advice - follow it.

See also the Protection from Eviction Act 1977 - youcanNOT just be told to leave.

Harrasment of a tenant by a landlord or agent is a criminal offence. This can include repeatedly coming round and/or leaning on the doorbell! See more here. Call the police.

skint-student-nurse

wow,thanks for the advice so far!
to clarify-

• my deposit IS protected,not sure with whom, but i did receive the certificate within two weeks.
• i moved in on the 23rd september 2011 on a six month AST
• I was given a s21 before i was given the keys but i was told that if i wanted to make the tenancy periodic, i would just need to let them know
• I am on the 21st day of arrears - rent was due on the 1st. By this point they have had the form in relation to the HB claim. funny how they got the form but not the letter that was sent with it...hmmm!
• I have complained numerous times about having a garage im paying for but cant use as a- i have no key, and b - its full of the LL's crap. they are not bothered by this - anyone know what i can do about this?
• ive already considered telling them all future communication should be in writing,thought of this after i had calmed down, because they have already said one thing and gone against it or played dumb with me

the thing that has just peed me off if the fact the agent just held down the buzzer, unfortunatly i cant unplug it Also, if they want me out as they keep expressing that im a rubbish tennant,blah blah blah, and i say ok (i am looking for somewhere else) and get this in writing, would that excuse me from the outstanding rent,re-advertising fees,etc?

thanks again for your amazing replies x

lynzpower

I know this is a long shot but are they arla or similar?

I would be letting any trade assoc. know about these breaches of the protection from eviction act.

I would also be letting your local council know. There wil be someone who deals with landlord accreditation. Letting agents can and do get accredited ( for example to be managers of HMOS) Threatening unlawful eviction would be one of the things that they should not be doing and accreditation would be difficult to obtain. You have to wonder if they are saying this to you whom else are they saying this to.

Take care,.

G_M

skint-student-nurse wrote: »

wow,thanks for the advice so far!
To clarify-

• my deposit is protected,not sure with whom, but i did receive the certificate within two weeks. check direct yourself with the scheme
• i moved in on the 23rd september 2011 on a six month astso you are secure till march unless you go 2 months into arrears
• i was given a s21 before i was given the keys but i was told that if i wanted to make the tenancy periodic, i would just need to let them knowif this was served on you before the tenancy started it is not valid (it's a legal nonsense to tell someone the contract is ending before it has started!). However, keep quiet - this is something you may be able to use in march if they apply for a court possession order
• i am on the 21st day of arrears - rent was due on the 1st. By this point they have had the form in relation to the hb claim. Funny how they got the form but not the letter that was sent with it...hmmm! up to 2 months arrears, a court has discretion to evict, but tends not to. more than 2 months a court has to evict
• i have complained numerous times about having a garage im paying for but cant use as a- i have no key, and b - its full of the ll's crap. They are not bothered by this - anyone know what i can do about this?you could write informing the ll that unless you receive a key and an empty garage withing (1 week?) you will a) get a locksmith to let you in and b) move all the stuff into professional storage. You will then deduct the cost of both from the rent.
• ive already considered telling them all future communication should be in writing,thought of this after i had calmed down, because they have already said one thing and gone against it or played dumb with medon't 'tell' them - write and inform them

the thing that has just peed me off if the fact the agent just held down the buzzer, unfortunatly i cant unplug it also, if they want me out as they keep expressing that im a rubbish tennant,blah blah blah, and i say ok (i am looking for somewhere else) and get this in writing, would that excuse me from the outstanding rent,re-advertising fees,etc?
no. Sorry - you have a contract. You owe rent. You need to pay it.
thanks again for your amazing replies x

gggggggggggggg_mmmmmmmmmmmmmm

skint-student-nurse

no lynzpower, the only thing i can find is a logo for 'the property ombudsmen' but they deal in sales as well as lettings. The council are already aware of the situation, hence why they mediated with the agent. thats also annoyed me as the council said when they spoke to them, they were happy with the situation and understood that circumstances changed and they were told that the hb claim was in progress and that now ive gone back to work (early i may add, just to pay the rent) things will settle down again financially,yet ive had no phone call or letters from them since wednesday and they think its ok just to turn up