Asking about getting a dog resulting in eviction

GotToChange

Without the entire backstory - just for information; have lived here for 12 years - rural village, cul-de-sac, LL (70yo couple) live next door (yes, I know that was a mistake all those years ago......).
The demarcation line between LL & tenant/neighbours/friends even - has been somewhat blurred by the proximity, me trying to be at least a little neighbourly and, it seems, their opinion of me.
(And yes, I know that it should all be on a business-like footing - but that is very hard - and the boundary has been crossed by him many many times.)

So - yes, the TA says "no pets" - but we have agreed that the cat that I came here with (well, she died and I subsequently got another) was OK. Not 100% clear on why no dogs - but as I have got to know them I understand. And have respected their wishes/the TA. I thought there may be room for some negotiation with regard to a dog, especially if provisos/clauses could be added to the TA....

For many reasons, I wanted to (if I was acceptable) take on the role of Puppy Walker for Guide Dogs. I didn't think that it would be a problem for Mr & Mrs LL - and in actual fact the puppy per se actually isn't. But nevertheless, they did say "No". In addition, this resulted in them coming round together, sitting in the kitchen and bawling at me that this is THEIR house, that I am ignorant because I "never" answer the phone, that the cheque that they are given for the rent is not good enough and MUST be cash (even when they go away for a month....) - and, most troubling of all, that they "really think you should find somewhere else to live", that "you have problems"and that their adult/live overseas children say that they cannot figure out why I am still there and why the house hasn't been sold (which of course is what they will do when their parents die [ugh]) - and that I should be very grateful for "everything they do" and that I have "been allowed to live in their house for so long".
If that isn't an almost blatant threat of eviction, I don't know what is...(for reference, I have an AST, renewed (so far, haha) each January).


This is half just a rant, half wanting some other input...
(But please no nastiness, still a bit fragile.)

duchy

Sounds like the kids are mischief making .

Unfortunately this kind of stuff happens when LL/tenent relationships become more than just business. They think they have the right to speak to you as they like because they feel they "know" you.

GotToChange

duchy wrote: »

Sounds like the kids are mischief making .

Unfortunately this kind of stuff happens when LL/tenent relationships become more than just business. They think they have the right to speak to you as they like because they feel they "know" you.

The kids are no doubt thinking like slot machines -
the house has trebled in value (purchase outright) since yr 2000.
In one sense I get it - but the fact that I as a person am living here - have made a home here - is of course irrelevant.
(ker-ching?)

There is no way to describe how they spoke to me yesterday; it was horribly one-sided and yet I was accused of causing upset (Mrs LL - never usually involved - looked as though she was going to burst a blood vessel, kept turning her back on me and told me that I am causing her to be unable to sleep or eat.....).

*sigh* -
I had rather hoped that the puppy would help with my isolation and mental well-being... somewhat exacerbated by where I live; and moving wasn't really an option *gulp*

Benji

You may find that the tenancy relations officer at your local council (in the housing dept) may be able to help here, liaising between landlord and tenant ensuing that both sides know what they can and can't do and how they can and can't behave.

If the landlords do want to remove you then they will have to follow the correct process. To clarify your rights, can you confirm that you moved in after 27 February 1997? Presuming you did, then this outlines what they can and can't do . . . http://tenancyanswers.ucoz.com/index/being_evicted/0-21

GotToChange

Thank you Benji -
yes, I spoke at some length to Shelter yesterday and know some of my rights and the whys and wherefores.
I spoke to the Council before and they could arrange mediation but both parties have to agree and I cannot see that happening.
LL(s) just want a "quiet life" - which seems to equal me having nothing to say - ever; just "be grateful".
I sound bitter, I know.
I think I am a little.

ruggedtoast

I can't see why you think you are being evicted. They sound awful so I would just move anyway.

G_M

OK - can't really help with th relationship stuff - and relationships are important between LL/tenant especially when living next door.

But the law:
1) if you have a 12 renewed Fixed Term TA from last January, then you are secure till next January - unless the TA also has a 'break clause. Does it? Take a look! Often in 12 month contracts there is a mutual BC at 6 months.
2) you cannot be evicted by saying

they "really think you should find somewhere else to live",

See here for more.

3) If the TA says no pets, and the LL has said no to a dog, you cannot get a dog. The reasons (they don't want to live next door to a dog? they are worried about fleas/smell in the house?) are irrelevant
4) if you want to pay by cheque, pay by cheque. Usually when LLs insist on cash it is because they are not declaring the rental income to HMRC for tax purposes. Illegal. You might want to hint....? Or offer bank transfer instead? ("prefer to pay by cheque or bank transfer 'just to keep everything above board and legal....') tax fraud here.
5) As for them 'bawling' at you, telling you it is their house etc etc, this is harassment (illegal see Protection from Eviction Act 1977 section 1)

WRITE a letter. Talking sounds like it will turn into more argument, so WRITE. Be polite, friendly, but firm. Point out that yes, it is their house, but it is your home. You have every right to answer/not answer your phone as you choose - and could they please write in future if they have questions, or wish to visit. Thank them for for their concern, and for the 12 happy years you have spent there, and point out they have been equally fortunate to have good tenants who have paid regularly and in full for those 12 years.

Finish by saying something nice - ie how much you look forward to continuing the LL/tenant relationship which has clearly been beneficial to both parties.

Oh - and agree humbly not to get a dog.

I know you are irritated (angry), but nothing will be achieved by showing your anger and escalating things. However it would be wise to place some distance in the relationship - hence the letter and request for advance warning if they wish to come round.

Do they have keys? Consider changing the locks.

theartfullodger

Unless the tenancy agreement specifies cash only or excludes paying by cheque you have every right to continue sending a cheque (photocopy & send with covering letter). If they don't pay it in that's their problem.

Landlords demanding cash makes me assume they are fiddling their tax. Nothing to stop you advising HMRC of landlord name, address & rent payments.

Wonder what else they are fiddling?? Gas safety certificate, landlord insurance, safe electrics.

It is your home, your property, merely their investment..

Cheers!!

Artful (landlord)

GotToChange

ruggedtoast wrote: »

I can't see why you think you are being evicted. They sound awful so I would just move anyway.

The words "you need to find somewhere else to live, we don't want you living here" (slight paraphrasing)*, I took to mean that they will do something about me having to move out (AST notwithstanding) - let alone be so beastly that - yes, you're right - I should (want to) move anyway.



*As I said, it's isn't easy to get across the menacing tone and unpleasantness.

theartfullodger

Re it being your property see...
http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

Landlord's behaviour could be arguably harassment. Keep a (handwritten is probably best) log of what they do/say.. see the link above about LL going into property without permission also..

Incidentally, if they really do want to sell they'd almost certainly get a better price with you out - and you'll know they can't get you out without court order, then bailiffs.. probably 2-3 months after end of current fixed term. So maybe (if they have 1/2 a brain..) if you want to move some time ask for ££ to do so (I'd start in the several thousands...).

Was there a deposit?? Was it protected?? Have they sent you the "Prescribed information" (If not any section 21 notice will be invalid..)

GotToChange

GM
-yes, I checked the TA, there is no break clause. But equally, I know that this means that (were I lucky enough to be able to find somewhere), I am stuck here like it or not (and dolike the house/village etc.), unless I pay extra for my "freedom". As much as they (seem to) want me out, they don't want it empty and putting it on the market, with the best will in the world, does not equal selling/getting the ££££s.

Largely irrelevant re. the dog, but it IS (they admit) "because we can" (say no, that is); I have had animals all of my life and know what I am doing - there would be no smell, fleas or mess, it was to be with me most of the time (never left for > 3 hours - GD rule) and be crated from early on - if necessary. None of the furniture belongs to them, all carpets are old (pre-me) and I am sure of my ability to prevent chewing; also additional support from GD as the dog has a job to do after being "with me". Again, all moot now.

I know for sure that he is trying to avoid the tax issue with the rent and this issue re. cash is incredibly long-standing. I quit doing it for several reasons;
1) He would take great delight in counting it out in front of me before saying, "right, off to the antiques fair".
2) On an occasion when I had miscounted myself (leaving £50 under my laptop....) - and put through the l/box, he came round and hammered on the door, shouting and wanting to know why it wasn't the correct amount (whilst I was actually on the phone, leaving a voicemail to tell him what I had done - but, oh, THEY don't listen to voicemails....they tell me.)
3) In December last year, the ATM at Sainsbury's thought it had given me £200 and it hadn't. It took over two weeks for that money to actually be returned to me through the Link system (not Sains' fault); this is what triggered the chques - which, I used to do anyway until 2008, when he started to demand cash.
4) They sometimes go away for a month or more and I am not AT ALL comfortable with (let alone the trips to the ATM/Bank - see 3.) nearly £1000 being handed over/put through letterbox etc etc.

As for writing; part of why this blew up is because I wrote to them. They have told me that I must NEVER write to them again as I am too difficult and have too much to say (One <A4, trying to explain the whole issue around not getting to the phone in time/answering the door/being available for (rare) visits for work to be done and (sadly) raising the issue when LL hung up on me last November ("I'm not going to speak to you") when I didn't tell them in a timely enough manner that the Gas Check had brought something up). And he (they) had not spoken to me until just this last week when the matter of the dangerous stair carpet was (finally) about to be addressed (first raised it last summer) - but now it isn't because I have "cut my nose off to spite my face" - because I wasn't available on Friday morning.
No more letters then. This was why they called round (with 10 minutes notice) and it was "had out" in person

On the one hand, I am not surprised that they vetoed the dog - but on the other, it is just mean-spirited - they know it and I know it.