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Landlord entering your property whilst you are in bed

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  • I was asked to explain the situation and pay the rent immediately, or else they would come back with his dad and would physically remove me from the property after giving 2 weeks notice.

    However, I am not in 2 months arrears and as far as the court is concerned, if he does not have mandatory grounds for eviction, he has nothing else going for him because the property is immaculate, I even have a cleaner weekly. The rent arrears is due to incorrect bank details as the landlord changed their bank details, however, partly me to blame as well.

    Im not to bothered about the incompetent people who write on here with the bad things, if it did bother me, I wouldn't use the forum simple as.

    However, the bottom line is, NOT paying 1 months rent is not a criminal offence, however, trespass and harassment is.
  • freeisgood
    freeisgood Posts: 554 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    That landlord is in deep poo poo. You must report him, that is outrageous behaviour!
  • dc61
    dc61 Posts: 43 Forumite
    the police definitely need to be involved in this - if those sort of threats are made, I would be seriously scared especially after him walking into my bedroom at night. Incidentally, is the poster male or female?? Could have other issues that the Police might be interested in. In fairness to the landlord though, one missed payment out of three, whatever the reason, amounts to 30% arrears which is a lot so early in the tenancy. I would have ensured I had cash ready as soon as I realised the payment hadn't been made. However, I agree with everyone on here, the locks need changing and the matter needs pursuing to the end. I would also be giving notice immediately and finding somewhere else to live. If the landlord took me to court for ending the contract early, I would produce all this evidence (which would be helped by Police involvement) and let the Court decide who was right or wrong.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I was asked to explain the situation and pay the rent immediately, or else they would come back with his dad and would physically remove me from the property after giving 2 weeks notice.
    This is in clear contradiction of the Protection from Eviction Act 1977

    Section 1
    1 Unlawful eviction and harassment of occupier.
    (1)....

    (2)...

    (3)If any person with intent to cause the residential occupier of any premises—

    (a)to give up the occupation of the premises or any part thereof; or

    (b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;
    does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.



    Section 2
    2 Restriction on re-entry without due process of law.
    Where any premises are let as a dwelling on a lease which is subject to a right of re-entry or forfeiture it shall not be lawful to enforce that right otherwise than by proceedings in the court while any person is lawfully residing in the premises or part of them.
    Get on record with
    a) the police and
    b) the council's Private Tenancy Officer
    that you have received threats of illegal eviction.

    The police often believe these are civil matters and so are reluctant to get involved. Insist.
  • mildredalien
    mildredalien Posts: 1,057 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    I was asked to explain the situation and pay the rent immediately, or else they would come back with his dad and would physically remove me from the property after giving 2 weeks notice.

    However, I am not in 2 months arrears and as far as the court is concerned, if he does not have mandatory grounds for eviction, he has nothing else going for him because the property is immaculate, I even have a cleaner weekly. The rent arrears is due to incorrect bank details as the landlord changed their bank details, however, partly me to blame as well.
    .

    This seems really weird, why would they try and intimidate you and ask you to explain yourself if you had already arranged amicably to pay them back in installments? If the error was due to wrong bank details, why couldn't you pay them immediately anyway, surely the money would have been sitting there in your account waiting to get to the right person? Or has the money disappeared into some random person's account?

    Anyway as others have advised, best to get on top of the rent arrears ASAP but the landlords actions are absolutely not acceptable and they should not be allowed to get away with it!
    Savings target: £25000/£25000
    :beer: :T


  • Isn't there only half a story here? So they stomped into your bedroom while you were in bed and demanded that you go outside and talk. Somwhat happened next? Are they still in your room waiting for your response? Have you just asked them for half an hour to sign up a new account on MSE so that you can come to a decision. What did you do or say?

    I'm calling "troll"on this one.
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Isn't there only half a story here? So they stomped into your bedroom while you were in bed and demanded that you go outside and talk. Somwhat happened next? Are they still in your room waiting for your response? Have you just asked them for half an hour to sign up a new account on MSE so that you can come to a decision. What did you do or say?

    I'm calling "troll"on this one.

    The reason why new posters don't give the full story are:
    1. These forums are public - if they are complaining about a criminal act they can give enough information to identify who they are.
    2. They aren't use to being interrogated on forums about every single action.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • sinbad182
    sinbad182 Posts: 619 Forumite
    500 Posts
    olly300 wrote: »
    The reason why new posters don't give the full story are:
    1. These forums are public - if they are complaining about a criminal act they can give enough information to identify who they are.
    2. They aren't use to being interrogated on forums about every single action.

    3. They're conveniently not mentioning their culpability in the situation
    4. They're making it all up as they go along
  • thelem
    thelem Posts: 774 Forumite
    I came to a payment arrangement with them, and they accepted it. I then had to change the date of the arrangement just once, all amicably I might add.

    The other night whilst just going in to bed, there were some horrendous knocks on the doors, windows etc. I did not answer as I was about to get in to bed and did not know who it was as I just simply didn't look.

    That above posts are absolutly right that a landlord can't enter your property without notice and is absolutely in the wrong to be harassing you in the way that has been described.

    However, it feels like we've not heard the whole story here. You say you've had to move the date of the arrangement "just once", but you've been in the property just three months and have already failed to meet your obligation to pay the rent on two occasions (your normal rent date, and then the date of the arrangement). As a landlord I would be getting very worried about your ability to pay in future.

    Then you say there were some "horrendous knocks" outside, but you ignored them and continued going to bed. I can't understand that - I'd be trying to identify who it was, or calling the police. The one thing I wouldn't be doing would be continuing to go to bed.

    Definitely learn your rights, including things such as changing your locks, and send a carefully worded snail mail letter to your landlord reminding him of his rights/obligations. Make sure you keep your landlord informed about future payment dates and that you stick to them and come out of arrears as soon as possible, and consider moving properties at the end of your fixed term (which will be difficult if you've still got arrears at that time).
    Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.
  • arbroath_lass
    arbroath_lass Posts: 1,607 Forumite
    I'm calling "troll"on this one.

    Definitely. OP can pay for a cleaner but not his rent?
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