Need help with landlord trying to end tennancy after 1 month

It_can_get_better

GtiTory wrote: »

Hi there, Sorry to ressurect but have now had further threats from landlord.
I sent the letter- but without the witholding rent part as my TRO said don't threaten to withold rent.

Got another text today saying there is a viewing at 2pm on Saturday, and that the checkout will be done on the 5th Aug at 10am.
I have replied saying please see my letter.
They then called me (oh yeah won't answer my calls but expects me to answer when they call)

I said I would not be moving on the 5th Aug, but the landlord has advised they will make me move as they will involve the Police.
I said I have a 6 Month assured shorthold tennancy
Their reply was, "well I do not have a copy of it so therefore it is null and void- I can now serve you 4 weeks notice"
I said but I have your signature on it, initially they made out I had forged the signature but then said well its a photocopy of the signature from the tennancy document to the previous tennant.

I had the lock BARREL changed, I actually did it myself it was that easy.

We don't have 2 months rent and a months rent deposit handy and £185 x 2 for credit check fees so theres no chance we can move out any time soon.
I actually spoke to the Housing department at my local council and they have actually laughed at whats happened. As technically we could be homeless if this contract doesnt stand.

Surely if I have a copy of a contract, all 12 pages of it, and with both my signature and the Landlords. That is a legal binding document.

Oh and sending the letter to the address they stated (ie my address) has obviously spoiled their plans to make me look like a fool.

Your landlord is talking rubbish. Even if there is no written agreement a contract is still binding, though of course it would be harder to prove its contents. You don't have that problem as you have a written agreement. If anything else happens get back onto the TRO. Also might be handy to get copies of the relevant legislation printed out to show the police if he does follow through with the threat.

(Just to say i've not read the rest of the thread yet)

G_M

Surely if I have a copy of a contract, all 12 pages of it, and with both my signature and the Landlords. That is a legal binding document.

Yes

so therefore it is null and void- I can now serve you 4 weeks notice"

Talking of 4 weeks notice just shows how little they know.

they will make me move as they will involve the Police.

the police will not get involved in a civil matter (they only deal with criminal matters) and certainly not an eviction even if it was legal which it wouldn't be.

However to pre-empt any police involvement, go to the local police station and file a report (make sure it is recorded) about a threat of illegal eviction contrary to the Protection from Eviction Act 1977

That way, if he does try to involve the police, or to forcibly evict, they will already have your complaint on file...

BitterAndTwisted

Get back to the housing dept. and warn them that your landlady is threatening to turn up on the 5th of August to evict you with the police in attendance.

Then, pay a visit to your local police station as soon as possible with tenancy agreement and all your correspondence in hand and tell them you fear a breach of the peace on the date she gave you.

suited-aces

I'll second the tell your police suggestion. Some officers could be clueless, and if called for the first time on the day could think your landlord is right. Prior warning should hopefully prevent this.

Yorkie1

G_M wrote: »

Talking of 4 weeks notice just shows how little they know.
The police will not get involved in a civil matter (they only deal with criminal matters) and certainly not an eviction even if it was legal which it wouldn't be.

However to pre-empt any police involvement, go to the local police station and file a report (make sure it is recorded) about a threat of illegal eviction contrary to the Protection from Eviction Act 1977

That way, if he does try to involve the police, or to forcibly evict, they will already have your complaint on file...

This is the most important bit. Police will often say that anything between a LL / T is a civil dispute and that they won't get involved. Or, even worse, they have been known on another thread on this forum to threaten the T with arrest because they weren't giving the LL possession when it hadn't been lawfully obtained.

You may need to get the message through to the police that illegal eviction - or threats / attempts to do so - are a criminal offence in which they may need to get involved. Don't be fobbed off by suggestions that it's only a civil dispute.

And ask for further specific advice from your TRO - what specifically do they advise that either they, or you, do in the meantime before the 5th August; and what about on the 5th?

princeofpounds

Second all that on the police. They often don't know what to do in these circumstances (police have even had to pay compensation for assisting illegal evictions in the past!).

But if they are pointed in the right direction, the law is on your side and you will be fine.

Would be a good idea to video/record any interactions on the day if necessary. Evidence v useful.

BASFORDLAD

Yep do as others have advised and go down to your local police station. Don't be fobbed off!!

dancingfairy

Your landlord is an idiot. Who trys to sell a house with a sitting tenant (especially 1 month into a 6 month contract). Any buyer will know (or their solicitor will soon tell them) that they cannot complete until the house is vacant (unless they want to become the new landlord). Whilst in theory it is possible to evict someone in a short space of time there is no guarantee that a tenant would leave, it may involed courts, bailiffs and of course by that time the tenant could have retalliated and trashed the place. I'm not saying you would do this.
I don't suppose you have any friends that are lawyers or anything like that? maybe your local legal aid centre would help or the TRO at the local council - they may could maybe be persuaded to write a strongly worded letter to your landlord that harrassing tenants is illegal and that they have threatened an illegal eviction which could result in prosecution. That would only work if you have managed to get a proper address from the landlord though. I'm guessing you didn't go through an agency at all (even at the begining)? they may have a proper address for the landlord?
Get some advice but in the absence of a proper address and given the circumstances I may be tempted to even resort to sending a text explaining that you are concerned that this is turning into harrassment and that you are getting advice, also that you have warned the police about a potential ilegal eviction. You could also consider warning her that if she did try to turn up you would call the police. Hopefully that would stop her and make her realise she can't mess around with you. Do triple check this with the TRO or a legal aid centre or Shelter first as you do not want to be a) wrong or b) accused of something yourself.
I might also be tempted to write another letter to the landlord (at the only address you currently have) regarding the harrassment etc and then if things do get silly regarding court etc you can prove that you have written to the landlord at the last know address and it's her hard cheese if she hasn't even set up a mail redirection. Don't open it when it comes and file it for reference.
Best of Luck dealing with this idiot.
df

dancingfairy

Oh and I hope these conversations are by text message and are not voice calls. If they are by text (and I hope they are) then keep them as evidence.
df

Loretta

There is far too much talking going on here, you have a 6 month lease and seem to be spending most of the 6 months talking to a clueless Landlord!

Your Landlord has given you her address on your tenancy agreement, it is the same address as yours! Just accept it, send her any letters, with proof of posting, to the address she gave - your address - and keep all copies. Take a photo of the envelope when it arrives, don't open it, as proof that you have sent her letters to 'her' address.

Don't phone her or text her. If you do answer her calls by mistake just calmly say, 'please communicate with me in writing only, I am going to hang up now' it would be good if you could record the conversation, but if not make a note of the date and time and details about what was said.

Write a letter to her at your/her address saying that you have a 6 month tenancy and that you intend to stay for the 6 months. You require written notice of at least, maybe 3 days whatever you want to say, of suggested times for viewings and that you will tell her which of the days and times she has suggested are convenient to you.

I see you have changed the locks - good.

If she comes round, with or without prospective buyers with her, don't answer the door, just ignore her. If you do open the door there is a very good chance that you will become engaged in a slanging match and you may leave yourself open to all sorts of accusations. You cannot be sure which way the police will go if they are involved.

Do make an appointment as soon as possible at the police station and explain the situation and that you may need help in the future. Make sure you have the name of who you speak to. As has been said most police are clueless about these situations and may well be on the Landlord's side if any old plod turns up.

Check the deposit schemes, she has already gone wrong by not notifying you of the date the deposit was put in the scheme and which scheme it is in. If she has not put it in a scheme don't tell her you know, letting her house is her business whatever the reason she is letting for, and she should know how to run her business properly and should take legal advice if she is not sure what she is doing. If she has not put your deposit into a scheme she cannot issue a Section21 notice asking you to leave, she will find this out when she tries to give you notice and it will be her hard luck then!

I would not withhold rent at this stage or without specific advice from either the Rent Officer or a solicitor and in writing.

Keep a record of all communications with her. She is ranting and raving and you will come over as calm and organised and in the right

Good luck!