Harrassment from LandLady what are my rights?

Werdnal

Whilst I am not condoning the landlady's actions, running up £1500 arrears has obviously p'eed her off big time - wouldn't it any LL? However, she must go through correct route to get you removed from the property. You are within your rights to change the locks whilst you are still living there so she cannot enter with her own key, so long as you replace them when you move out. Keep a log of the harrassment she is giving you just incase it escalates to the point where you need to get the police involved.

How much is your rent/month? When did your tenancy begin? Are you still within the fixed term? Did you pay a deposit at the start, and is it protected in a scheme?

Once you are 2 months behind with rent payments, she can apply to courts to evict you. This does not happen overnight, but it will happen if you do not pay off what you owe her asap, and you will have little or no warning that baillifs will turn up ont he doorstep. You will then be homeless, with a record that no private landlord will likely rent to you again. It might be wise to contact the local council to see what their policy is on re-homing people so you can prepare for this.

In the meantime, is there any way you can beg, steal or borrow the money owed to get the LL off your back and give you a little more time to sort yourselves out, and possibly avoid getting court action against you?

G_M

Try to separate out these issues. Although they obviously overlap and affect each other they need addressing one by one

1) Damp. Has this been reported in writing? Are you sure it's not a lifestyle issue? It usually is but maybe it is a building flaw. You need to be sure which. Have you asked in writing what action will be taken? Environmental Health is the next step if a) you are sure it's not your fault and b) the LL takes no action

2) Harrassment. Out of order. See the Landlord & Tenant Act 1985 and the Housing Act 2004 . Call the police qoting harrasment under these acts if it continues

3) Eviction. Can only be done via the courts

4) the biggy. The renat arrears. You are in breach of your tenancy and owe rent. It needs to be paid, and she has suggested a regular payment ( £200 pm) to get the arrears under control. Since the arrears are £1500 this seems fair.

The bottom line is, can you afford to live here or not? If yes, sort the arrears. If no, start looking for somewhere cheaper.

What is the monthly rent? Does £1500 represent more, or less, than 2 months rent? This is important in relation to her getting a court order for possession.

bonniesweetheart588

Right can I make something clear. We have moved majority of out belongings out of the property. We have a new place to live. That isn't my issue. What is my issue is the way we have been treated. No there is no way we could get the money together. Basically the arrears have built up over the last year and a half of us living there, when I fell pregnant with my youngest, I suffered really badly with morning sickness up until 35 weeks and as a result of this, my wages were reduced significantly, leaving me with just enough to cover my rent each month. My husband was unable to find any work, so it was just me trying to work and make enough money.

and I would just like to stipulate billybear we werent living rent free, the rent was being paid by the council since march. The landlady failed to inform us of a shortfall between the amount the council were paying her, and how much she was asking. Hence hiking up our arrears over the months when we thought they were indeed being paid.

bonniesweetheart588

real1314 wrote: »

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:

I have been trying to sort out my benefit payments over the last couple of months as my statutory maternity pay ended end of september. I have been coping on little over £50 a week since then as the benefit office couldn't make their mind up as to what evidence I needed to provide to prove that my smp had indeed ended.

My landlady's daughter actually had the cheek to demand we sell our car to pay her mothers arrears, despite the fact that we need it due to living in a very rural setting and quite far from a decent bus route

And I said that we didn't leave the windows on the roadside open, not that we didn't open them at all!

BitterAndTwisted

If your main issue is the way you have been treated you should just put it behind you and get over it. It really doesn't matter how the rent-arrears arose as that really isn't your landlady's problem and not of her doing either, regardless of how hatefully she's behaved.

Tigsteroonie

So ... Arrears have been building for 18 months. You gave birth 8 months ago, so underpayment of rent started around the time you fell pregnant. You were suffering from morning sickness that affected your work & income.

Was your income still substantial at that time, or didn't you think of trying to claim HB any earlier to try and help with the rent when your income fell? Who did you think would pay the shortfall at that point?

You also say that HB started payment in March. Were you not informed by the Council of how much you were being awarded, so that you could work out that there would be a shortfall?

You say there is "no way you could get the money together", and you also complain at the suggestion that you should sell your car. But just WHO do you think should pay your arrears? Why should the LL be out of pocket? It's not her fault you got pregnant, it's not her fault you couldn't afford the rent, it's not her fault you are in a property where the rent exceeds the HB award.

lizzielondon

ahhh i missed the 1500 arrears i thought the 200pcm was a rent increase

Blackpool_Saver

she said you had to keep the blinds down.........why?

G_M

Indeed. She may be being rude, and possibly harassing you - but the landlady is substantially out of pocket. That is not her fault so I can understand her being miffed!

And now? You're moving out? And leaving her out of pocket?

Blackpool_Saver

I do not believe that it was not possible to get the rent money so as not to fall into arrears...........loan/overdraft/credit card/even a pay day, you have to pay rent it's essential