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landlord has key???

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Comments

  • prudryden
    prudryden Posts: 2,075 Forumite
    I don't think that anyone on this forum condones the retaliatory eviction loophole when it comes to essential repairs and health and safety issues. The landlord has a legal obligation in those matters.

    However, that campaign will not help the OP at this particular time. She must get proof of the harassment in order that any eviction notice can be challenged.
    FREEDOM IS NOT FREE
  • peter999
    peter999 Posts: 7,102 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    deary65 wrote:
    Crosby, Formsby and District CAB is leading a campaign to change the law to provide more security for tenants, when trying to enforce their rights. A possible solution is an amendment to the Housing Act 1988 making the service of a Section 21 notice invalid in circumstances where the tenant has recently taken steps to enforce statutory rights regarding disrepair or health and safety issues.
    It's only a matter of time with the serious shortage of housing, massive migration & widespread abuse by landlords.

    However much landlords & property owners moan they won't do anything, because property is the best/safest way to invest & make money.

    Assured Shorthold Tenancies are routinely abused by Landlords & Agents.

    They can moan till the pips squeak !!

    peter999
  • deary65 wrote:
    So sorry, for those whom might read the thread which makes for most interesting reading.

    A little education for you prudryden

    The term “real” and “estate” have in law a legal meaning. An estate in law is the assimilation of a person's assets. “Real” estate is when that asset can “vest”i.e. When it runs in the blood and therefore capable of inheritance. I have had briefs sent to me by solicitors saying that a lease hold interest is vested, a leasehold interest never vests, it forms part of that persons personality. So the next time you use these words you will understand their meaning. If you need I little more education just post.

    But I agree with clutton these ladies asked for advice, quit clearly their mental security in their home had been disturbed, I think that calls for more understanding from the forum, that after all is the ethos of this site.

    Thanks to all of you that have given advice this has helped very much. And any more help is much appreciated...
    Thanks One of the girls...
    Enjoy life while you can! :j
  • franklee wrote:
    It's a shame that so much of the advice covers what decent landlords would do and what tenants with decent landlords should do.

    LittleAngel84 and beaniebaby, obviously you've got a stinker of a bullying landlord. Entering the property "without notice or warning at any time day or night" (!!!!!! business can a landlord conduct at night?). Demanding an extra three months rent, demanding to see bank statements. All this is harassment which carries serious penalties.
    I say document and collect proof of the harassment. Find out about moving on. Then you can take a firm line with the landlord, kick up a stink and if he then forces you to move sue the bully for every last thousand!

    You need to be clear what type of tenancy you are on. Was your original contract an assured short hold tenancy? If so then from picnic's original post I'd guess you are now on a periodic tenancy as you have not had a new contract since 2005. Do you think you have agreed a more recent fixed term? If you are on a periodic tenancy your landlord can give you two months notice to leave by issuing a Section 21 notice. This notice doesn't need you to be a fault so provided the landlord gets his paperwork right he'll be awarded possession. Not that you have to leave within two months if the council are going to rehouse you, they often want tenants to stay till the landlord goes to court and wins possession etc.

    You say the landlord tried to kick you out before but obviously didn't, what happened that time? Why did he fail? Maybe this means you are on a different type of tenancy?

    In view of your disabilities there must be help with housing surely? You really need to talk to shelter and the local council and social services. If they get you no where then there's always your MP's surgery, these often deal with housing issues and given the horrible situation I'd hope your MP leaps into action!

    I understand you don't want to get in dispute with your landlord and lose your house but what is the alternative, put up with it and the bullying landlord will take even more liberties and he can probably give you notice anyway?
    Thanks for this advice, you seem to see where we are coming from, we are going to try and sort these things out and will let you know how it goes.
    Enjoy life while you can! :j
  • yea thanx every1 u've all been so great, u have given us lots 2 think about x:A
    :heartpuls:o The Loveable:AHuggable Bean:o :heartpuls
  • Wickedkitten
    Wickedkitten Posts: 1,868 Forumite
    Part of the Furniture Combo Breaker
    prudryden wrote:
    As a personal example: One of my tenants left the clothes washer running while she went out for the day. She had left a sock sticking out of the washer door, the washer was not able to complete the filling up as water was running out. Therefore, the washer kept running. The ceiling in the flat below disintegrated into a pile of rubble.
    Guess who had to pay: The tenant didn't have contents insurance which would have included liability. She is still paying for it today. Had not the people below call me and had I not had a key, the damage would have been considerably worse.

    Surely the ceiling woulld be covered under building insurance rather than contents insurance would it not? :confused:

    When we rented, the washing machine in the flat was absolutely ancient and one day the fill hose came loose and not only soaked down to the flat below, but managed to soak through their floor and to the basement flat as well. The building insurance covered it rather than our contents insurance because it wasn't our washing machine.
    It's not easy having a good time. Even smiling makes my face ache.
  • Hey ladies, sorry I didn't get back to you earlier this weekend, kids and homework, I don't get a looksie at the computer on the weekends:p

    I spoke with my sister, she asked if you were on the housing list with your local council. Because of your disabilities, and I don't want to get personal, but one of you ladies would be on the high care/mobility allowance from DLA, so you would be automatically gold banded, which is the top of the list. She said each council works a little differently so she can't advise you better than that, but with the housing in our area, once you're gold banded, you check out the availabilities on their website and apply for which one you want. It states right in the details of the property which banding they accept applications for. If you haven't filled out the forms, please do it as soon as possible. She suggests welfare rights would be of much better help than CAB, I would believe her on that score as we were given wrong advice by our CAB and ir cost us a lot of money because of it.
    As for the landlord, if you don't want to run the risk of peeing him off, I would take the advice of some of the others and get a chain or even a deadbolt would be better as chains can be broken.
    I hope this is of some help to you;)
  • prudryden
    prudryden Posts: 2,075 Forumite
    Surely the ceiling woulld be covered under building insurance rather than contents insurance would it not? :confused:

    When we rented, the washing machine in the flat was absolutely ancient and one day the fill hose came loose and not only soaked down to the flat below, but managed to soak through their floor and to the basement flat as well. The building insurance covered it rather than our contents insurance because it wasn't our washing machine.

    I understand fully your question and you are right about building insurance.

    The difference between your scenario and mine is one of negligence. Yours is wear and tear. Even though the building insurance covered the damage, the insurance company wanted their money back as the damage was caused by the tenant's negligence. She should have had contents/liability cover.
    FREEDOM IS NOT FREE
  • Hey ladies, sorry I didn't get back to you earlier this weekend, kids and homework, I don't get a looksie at the computer on the weekends:p

    I spoke with my sister, she asked if you were on the housing list with your local council. Because of your disabilities, and I don't want to get personal, but one of you ladies would be on the high care/mobility allowance from DLA, so you would be automatically gold banded, which is the top of the list. She said each council works a little differently so she can't advise you better than that, but with the housing in our area, once you're gold banded, you check out the availabilities on their website and apply for which one you want. It states right in the details of the property which banding they accept applications for. If you haven't filled out the forms, please do it as soon as possible. She suggests welfare rights would be of much better help than CAB, I would believe her on that score as we were given wrong advice by our CAB and ir cost us a lot of money because of it.
    As for the landlord, if you don't want to run the risk of peeing him off, I would take the advice of some of the others and get a chain or even a deadbolt would be better as chains can be broken.
    I hope this is of some help to you;)

    hey george thanx 4 that, we r currently tryin 2 get on the housin list but we have 2 gather alot of information b4 they will take the form in. i wish we had things like that website that u talked about, sounds easy. i am on the highest allowence but it doesnt seem 2 make much difference rly. thank ur sis 4 me 2, ta muchly :cool:
    :heartpuls:o The Loveable:AHuggable Bean:o :heartpuls
  • beaniebaby wrote:
    hey george thanx 4 that, we r currently tryin 2 get on the housin list but we have 2 gather alot of information b4 they will take the form in. i wish we had things like that website that u talked about, sounds easy. i am on the highest allowence but it doesnt seem 2 make much difference rly. thank ur sis 4 me 2, ta muchly :cool:


    Hi Ladies, make an appointment with welfare rights. They will help get all that info together for you. They will even contact people on your behalf and go with you for meetings, appeals, all that stuff. Funnily enough, I was just talking with my Aunt today and she was telling me how good they were as they went with her to an appeal for Incapacity benefit, which made me laugh as her partner made enough money for them, she just wanted to make sure her stamps were paid, and she had to appeal for that:eek: There was a really ignorant doctor in the meeting and the welfare rights lady put them right as to what they were supposed to ask and how they were supposed to behave, it shut them right up and she now has her stamps paid:T
    Take advantage of the help that's out there, they are there for a reason;)
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