Possible Landlord harasment

Cody

Dear forum;

I have posted about our situation previouslly, but this is a specific post about our landlord.

We have rented from a private landlord for 5 years, who gave us a S21 ~5 weeks ago. We have two kids under 5. At the moment we are unsure we can move out in 3-4 weeks time as requested, and might need a month or 2 longer in order to make the transistion. We have asked the landlord to extend but she has refused initially, and is now on holiday until next week.

I am aware in the past the landlord has harased the previous tenant, by banging on the door late at night and shouting through the letter box, the previous tenant had a 8 year old child in the house. My wife is very concerned if we try to stay an extra month against the landlords wishes (which I know we can since she will need to obtain a possession order etch which will give us some breathing space), then the landlord will come round and upset us and our children.

What powers do we have..what can I say?, to prevent her from doing this to us? I really would prefer to move out when the landlord would like us too, but its very difficult finding the right place considering the children and we just need a little more time...but the fear of the landlord coming round upsetting the children is a very big concern.

thankyou in advance

cody

Werdnal

The S21 does not end the tenancy, and once it expires you do not have to leave, as you already know. The notice is the first step in the eviction process and the LL applies to court for a possession order once the notice period ends. This may take another 4-6 weeks, so you are not legally doing anything wrong if you stay over the notice period. It may be "against the LL's wishes" but in order for formally and legally evict you she has to go through the whole eviction process and shouting at you because you have not left at notice expiry is not the way to do it!

Harrassment and intimidation is a criminal offense and if the LL turns up banging on doors and shouting abuse, call the police and report her. You are aslo permitted to change the locks if you feel she may try to enter the property, as long as you replace them when you leave. Have you discussed the fact that you are trying to find somewhere else with them? You say you have asked for an extension, but the LL would be foolish to confirm this, as it would invalidate the notice and she would have to start all over again even if she only verbally agreed to give you a longer time to find somewhere. She may just hold off applying to court immediately the notice ends.

Are you sure the notice has been issued correctly? Is your deposit protected and the full information from the deposit scheme served to you. If LL failed to do this correctly, or made any other mistakes on the date of the notice etc, the notice may be invalid, so she will not get anywhere when she finally applies to court anyway.

Have you spoken to the council about housing options for you. With young children you should be quite high on the list for re-housing.

ognum

Obviously the landlord has no rights to come round and harass you whatever the circumstances. You may want to discuss this with shelter who will give you appropriate legal advice.

However, IMO it is always important to maintain a line of communication, explain and discuss your situation with your landlord. Several years have passed maybe they have learned some lessons!

I would contact your landlord on return from holiday and explain that you may need another month and that you understand his need to have the house returned to him quickly.

Good luck

embob74

If somebody was banging on my door and shouting through the letterbox and upsetting my children I would call the police - that should nip any trouble in the bud.

Mr_Moo_2

What the people above have said.....

More here -

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/harassment_by_a_landlord

Cody

Thanks Everyone!

Ok, so the LL replied from holiday confirming they expect us out by the 25th. A new fear we have if we decide to stay put for an extra month is whether there will be a black mark against us, either through the possession order through court or some other way? Is this fear unfounded?

Cody

HarryBarry

Cody wrote: »

Thanks Everyone!

Ok, so the LL replied from holiday confirming they expect us out by the 25th. A new fear we have if we decide to stay put for an extra month is whether there will be a black mark against us, either through the possession order through court or some other way? Is this fear unfounded?

Cody

Well he might not give you a good reference, but then again if he wants you to actually move out he will. Make sure you keep paying rent for the extra time you stay otherwise that could get you a black mark somewhere.

I dont know the answer, but I'd be interested in knowing if the landlord can send you any of the court costs. He also might look for ways of keeping the deposit, whereas if you move out on time and have generally been good, he might be happy to give it all back.

Even if you don't have to leave legally, I completely disagree with anyone telling you to stay put though. It is his house, he has given the appropriate notice and it should be sufficient. Would you like to have to deal with a problem tenant like that refusing to leave something that he owns ? No matter how inconvenient it is for you, that is your problem and you need to look for the temp or permanent solution. I dont see why the inconvenience should be shifted to someone else for your gain.

BitterAndTwisted

A possession order is not a "black mark" even if the landlord has to appoint court-appointed bailiffs to remove you. It will however preclude you from getting a good reference. There is no reputable landlord's black-list as far as I am aware.

Please bear in mind that your landlord cannot formally acknowledge that you can have extra time to make alternative arrangements as that would likely cause their S21 Notice to fail at court.

Keep all of the lines of communication open, and inform him/her of what you're doing to secure alternative accommodation. This is much more likely to prevent her hammering on the door and shouting through the letterbox than anything else.

Guest101

As others have said if LL tried to come round, shouting etc. call the police.

Yorkie1

HarryBarry wrote: »

Even if you don't have to leave legally, I completely disagree with anyone telling you to stay put though. It is his house, he has given the appropriate notice and it should be sufficient. Would you like to have to deal with a problem tenant like that refusing to leave something that he owns ? No matter how inconvenient it is for you, that is your problem and you need to look for the temp or permanent solution. I dont see why the inconvenience should be shifted to someone else for your gain.

The LL decided to start a property letting business. Part of that decision is knowing what the risks are and what the laws are. The law allows the T to stay put and make the LL go to court.

If the LL can't cope with abiding by the laws then s/he shouldn't have become a LL. There is no moral imperative for the T in this situation, and certainly not for the LL's convenience in his / her business affairs.

G_M

Excellent and accurate advice above.

Nothing I can add...