Harrassment from LandLady what are my rights?

bonniesweetheart588

Hello there,

I've been having some issues with my landlady. Basically, got into a few money problems after going onto housing benefit when I went onto maternity pay.

Any way, I have now ended up with about £1500 worth of arrears, my landlady turned up two months ago demanding £50 a week extra. Increasing our rent by £200 extra a month on top of what housing benefit were giving her. She gave us 24 hours to decide if we wanted to take on the £200 extra or move out.

We obviously had no way of finding that amount extra a month, with two children to look after, and being on benefits now.

She has now given us a letter saying that she will collect the keys at 9am Sunday morning and will collect her rent arrears at the same time. She fully knows our situation, but is putting a lot of pressure on us.

So far through this tenancy, I have felt so harassed by the landlady and her daughter. She turned up so many times unannounced, hammering on our door until we answered it, even coming around to the windows of the property at one point as I didn't answer the door as I was just finishing my daughters hair.

She then started turning up with her daughter in tow, who began being so aggressive towards us. I was heavily pregnant the first time she turned up, she was rude, arrogant and incredibly nasty towards me about the state of the outside of the property (the grass hadn't been cut and there were a couple of bin bags as we had missed that weeks collections) saying that the property looked like 'gypo's' lived there, what kind of people were we to live like that, were we proud of the way the outside of the property looked.

Another time, she turned up at 8.45, knowing full well that I would be taking my daughter to school around that time. Parked her car in front of our car, blocking our exit. I repeated myself several times that my daughter was going to be late for school if she didn't move her car. That my husband could take her to school and I would stay to talk to her, but could her daughter please move her car. I was ignored completely.

We informed her back in Feb, about the issue with damp inside the house, it kept appearing on the outside facing walls. (as in inside the house) Her reply to us was that we never had any windows open so it was our fault that the house was damp. She never bothered to try to sort out the problem. This has really angered me esspecially seeing as at the time I was heavily pregnant and due to pop in march.

Also her daughter seems to be acting on her behalf, or representing her in some way, but I have not been presented with anything in writing...

Basically, I don't know where the hell I stand, as regards the request for the arrears in full, and if the way she turned up without warning was legal.

johnbusby

She will have to go through the courts to evict, presumably your in 2 months arrears so the court must grant her permission however if you can get the arrears below 2 months at the time of hearing then it will be at the judges discretion. Even if possession is granted you should have a couple of months to find another place by the time a court date gets set and bailiffs instructed

Regarding her other actions, they are harassment and should be reported to the police. You can safely ignore her if she turns up. You can report the mould problems to Environmental Health who will advise if the health implications etc

Good Luck and try to get them arrears down

John

jojo_2012_2

I agree with the environmental health thing, but your landlady might be right about needing a window open for the wall mould. Also not cutting the grass and leaving bin bags exposed after bin day is a big no no. Next you'll be making her pay to deal with a rat problem.

I don't agree with your landladys approach at all. I would call the police if anyone behaved in such a way outside my property!!!

bonniesweetheart588

The bags that had been left outside were blue recycling bags, so no risk of rats, and the grass had only been left approximately a week. We had windows open though, but she insisted on the blinds being kept closed at all times.

What gets me is how would she know if we hadn't had windows open? indeed the ones on the road facing side were never left open, but the ones to the back of the property were.

Also the damp seemed to be coming from the attic of the property, my husband suspected possibly a loose roof tile or leaky guttering. But she was adamant it was completely our responsibility.

We have already moved most of our belongings out, and tbh, I'm relieved, as she is a horrible person to deal with! She also refused to have the hedges trimmed because we were in arrears with her.

bonniesweetheart588

My main issue is addressing her demand for the rent arrears in full when she has demanded we hand they keys back. 9am on our last day. We were given until the 27th to be out, but she wants the keys back 9am on the 27th.

BitterAndTwisted

She cannot pop round to the property and turf you out: she will have to go to court to do that. Also, I think that she's entitled to expect you to pay down the arrears, regardless of the reason for them accruing. Don't answer the door to this woman and her horrible daughter: make them deal with you in writing. You need to pay especial attention to the advice given to you about getting the arrears down to less than two month's-worth.

Unfortunately, the great majority of people who suffer condensation and mould problems have caused it themselves through inadequate heating and ventilation of the property. If you can't afford to heat the property properly and choose to dry laundry indoors you are almost certain to have contributed to it if you don't ever open any windows.

BitterAndTwisted

By what method were you given until the 27th? Just verbal threats?

If you are happy to move and you can't afford to pay off the arrears wait until she threatens to take you to court.

BigAunty

See the Shelter website for their information on your housing rights, how to deal with rent arrears and how to deal with harassment.

A landlord has to serve the proper notice and if a tenant does not leave, follow this up by gaining a court order for possession. Anything other than that is an illegal eviction that is a criminal offence and likely to result in a prosecution.


Please note that a tenant who owes the equivalent of two months rent (if paid monthly) can be served a notice called an S8 and if you still owe this sum by the time of the court case, the judge has no discretion and will grant possession back to the landlord. How many weeks/months does this £1500 represent?

Rent increases have to be requested through a formal way, there's a particular document that needs to be served, I believe. Other members can tell you about this.

billybear1

Surely you should be out then and I don't think that her requesting being out by 9 is too much of a request. After all, you have been living in her house rent free for some time.

I am not defending your land lady, but she may well be just as scared and intimidated by the fact that your family is living in her house, which she is having to pay for and can see no end in sight of it. On the day, she may just want the whole ordeal over!

lizzielondon

is the extra rent even due? It doesn't sound like it was asked for in the correct way?

real1314

I assume the extra £200 a month was to repay towards the arrears?

How did you end up £1500 in arrears? If your HB has been brought up to date, where has the missing £1500 gone?

You say this was raised 2 months ago but haven't said anything about trying to pay off any arrears at all between then and now.

You haven't given any explanation of this, so I'd wonder if the landlady is concerned that you will never repay this.

As for the damp, it could be a missing tile, it could be due to lack of ventilation. You've stated that you don't open the windows on the road side, so that would be a likely cause.

:cool: