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Landlord has evicted me and changed locks
Comments
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Miss_Poohs wrote: »This thread has shocked me!!
Yes the LL is legally in the wrong to have changed locks, but really the tenant sounds like they are as much trouble as a barrel load of monkeys!!
If the tenant has any shame at all they would contact the LL to arrange to uplift their possessions, and go.
Im sure the LL would be only to willing to help him/her move out - and on to their next victim!!!
The landlord is not just 'legally in the wrong'. He is a criminal, but you want to excuse him. My son was mugged last night. He had his mobile phone and wallet stolen, and he was hit hard in the face. I expect that you think it was his fault.No reliance should be placed on the above! Absolutely none, do you hear?0 -
The landlord is not just 'legally in the wrong'. He is a criminal, but you want to excuse him. My son was mugged last night. He had his mobile phone and wallet stolen, and he was hit hard in the face. I expect that you think it was his fault.
That would be a 100% fair comparison if the phone and wallet belonged to the mugger and your son had promised to give them to him. And then the mugger had done something non violent to get them back.0 -
Miss_Poohs wrote: »This thread has shocked me!!
Yes the LL is legally in the wrong to have changed locks, but really the tenant sounds like they are as much trouble as a barrel load of monkeys!!
If the tenant has any shame at all they would contact the LL to arrange to uplift their possessions, and go.
Im sure the LL would be only to willing to help him/her move out - and on to their next victim!!!
I suspect the tenant was mis-sold the tenancy.0 -
The landlord is not just 'legally in the wrong'. He is a criminal, but you want to excuse him. My son was mugged last night. He had his mobile phone and wallet stolen, and he was hit hard in the face. I expect that you think it was his fault.
Says it all really doesn't it!!!
I feel for son - in more ways than one :eek:Don't try to keep up with the Joneses - Drag them down to your level - it's cheaper .
0 -
Ah the old question about whether the law and justice are one and the same thing or not.
Of course laws can be flawed, trying to account for the minutiae of human behaviour is a legal code is impossible.
But justice is even more problematic because scrape the surface and you will find out that everyone has a different idea about what is just, right up to and including the lynch mob.
Whilst is may seem unfair that a tenant can muck around the landlord, the reasons for it can be out of someone's control. Perhaps another landlord pulled away a promised tenancy at the last minute? Perhaps an employer failed to pay wages due?
Whatever the situation, the LL was happy to grant a tenancy with all the rights and obligations that implies and benefit from it. It wasn't as if the law changed halfway through the tenancy.0 -
heathcote123 wrote: »Just take your stuff.
He may not have crossed the T's and dotted the I's legally speaking, but you've agreed to move out, are in arrears, subletted and have been a crappy tenant. His actions are hardly suprising.
Pretty much spot on.
It's cases like this that make you realise just how badly biased towards tenants and against landlords the law is.
It should be changed.“The great enemy of the truth is very often not the lie – deliberate, contrived, and dishonest – but the myth, persistent, persuasive, and unrealistic.
Belief in myths allows the comfort of opinion without the discomfort of thought.”
-- President John F. Kennedy”0 -
The police will be able to charge the landlord with illegal eviction then the matter will go to court but the tenant will get the property back whether the rent is up to date or not.
"To any police officers who may happen to read this, it is not difficult. Unlawful eviction is an indictable criminal offence – Protection from Eviction Act 1977 s.1.
If someone has belongings in a property and has a key for the property, it is an odds on bet that they have a right to reside there and fall under the Protection from Eviction Act (not certain, granted, but more likely than not). So, if the landlord isn’t armed with the required court orders, it is not a good idea to a) assist the landlord, b) take the keys from the occupant, c) physically remove the occupant from the property or d) arrest the occupant because they won’t leave.
In fact, if the occupant has a tenancy agreement and the landlord doesn’t have court orders, you may want to consider actually arresting the landlord…
"
http://nearlylegal.co.uk/blog/2010/07/illegal-eviction-and-the-police/
From the nearlyleagl blog on
Naughton v Whittle and Chief Constable of Greater Manchester Police. Manchester County Court 30/11/2009 (Legal Action July 2010RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
HAMISH_MCTAVISH wrote: »
It's cases like this that make you realise just how badly biased towards tenants and against landlords the law is.
It should be changed.
If you don't like the housing laws, then don't be a landlord. No one is forcing you to be a landlord and there are much better investments out there which give a higher yield and a quick exit plan, for when the investment takes a dive.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
Miss_Poohs wrote: »Says it all really doesn't it!!!
I feel for son - in more ways than one :eek:
I am sorry if you feel hurt by my comments. I am not normally the sort to be keen on calling in the police over some minor landlord misdemeanour (particularly as I am one). However, I think that chucking somebody out on the street is simply despicable, particularly somebody who seems to be a bit vulnerable.No reliance should be placed on the above! Absolutely none, do you hear?0 -
MissMoneypenny wrote: »If you don't like the housing laws, then don't be a landlord.
I'm not a landlord.
But the point remains that private landlords are critical to providing houses to people prevented from buying thanks to mortgage rationing, and housing laws should provide as good a protection protection for landlords as they do for tenants.
That a thread can be posted here where a tenant admits to:- Illegally subletting the flat
- Paying rent in arrears
- Abusing the deposit system
And the advice is "don't move, the landlord has broken the law by giving you 4 weeks notice in the way he did".... just shows how absurdly wrong the law is in this case.
When laws are bad laws, they should be changed.No one is forcing you to be a landlord
Indeed. Particularly as I'm not a landlord.there are much better investments out there which give a higher yield and a quick exit plan, for when the investment takes a dive.
Eh?
Houses round here have not "taken a dive", they're currently many tens of thousands higher than they were at the start of 2007.
And yields up here are typically 7% to 8%.
But none of this is relevant to the main issue here.
The law in this area allows tenants to abuse landlords with relative impunity. It needs changing.
It's really that simple.“The great enemy of the truth is very often not the lie – deliberate, contrived, and dishonest – but the myth, persistent, persuasive, and unrealistic.
Belief in myths allows the comfort of opinion without the discomfort of thought.”
-- President John F. Kennedy”0 - Illegally subletting the flat
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