Is it an illegal eviction?

ted1973

Hello, any advice gratefully received. I live in a HMO and have done for the last 15 months and I am 6 weeks behind with my rent, it will all be paid up in full and up to date as from this coming Tuesday,

I know i shouldnt have been, I have had a seriously ill parent who lives 350 miles away and I have had to go backwards and forwards there (I realise this is no excuse but that is the reason).


Understandably my landlord has been rather aggrieved by this but i have found out that she has been entering my room, interfering with my post, possibly opening some of my post. She is asking to see my bank statements and wants me out by Tuesday (3 days notice!) and sends quite strongly worded texts or voicemails up to 5 times a day. I have receipts from her for all rent paid thus far (in cash) but have no contract as she has never provided me with one. Also i have found out that my deposit has never been protected.
I am 100% certain that the arrears will be paid off on Tuesday but where do i stand? I would like to give her a months notice when the arrears are paid off which falls on the day the next months rent is due.


Thanks

Kayalana99

Just for the facts, when you say your going to pay on Tuesday when next months rent is due...are you going to pay both sets of rent?

Sorry to hear about your circumstances OP.

ted1973

Yes i will be clearing the arrears and paying the next months rent

theartfullodger

See Shelter's good advice here ...
http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/harassment_by_a_landlord

Assuming landlord does NOT live in the same building they need a court possession order & bailiffs (takes months) to evict you legally: Unless you AGREE to go.

Cheers!

00ec25

you have not confirmed your arrangements, why do you say it is an HMO?

- does the LL live with you?
- are you a lodger or a tenant?

ted1973

Apologies,It is a terraced house divided into 4 flats, I have two rooms a bedroom and a kitchen/living room there is a shared bathroom with two of the other tenants. The landlord does not live there

Guest101

You are a tenant, and yes what she has done is illegal.

She cannot open your post, she cannot enter your room. I'm not sure if this qualifies for a HMO, but it does sound like it could be, which means the LL can enter communal areas.

You need to speak to the LL, and then followup with a letter, saying that she is harrassing you and you will be reporting this to the police, including the illegal entry / attempted illegal eviction.

She's in big trouble.

Also she cant evict you under s.21 since the deposit was not protected. I would suggest you sue her on top, for upto 3x, with all thats gone on you could well win the full amount.

She can evict under s.8, but if you are upto date by tuesday she will fail.

dimbo61

Change the lock to your room/s !
Depending on the type of lock ?
Pay off the arrears and your normal rent by tuesday.
She can not evict you so do not let her.
Check with the DPS if your deposit was registered by visiting the websites and putting in the address and your name, you may also need the date it should have been registered.
Good Luck

ted1973

Thanks for this, i checked last night and none of the deposit holding companies have my details and i have received no paperwork from the landlord to say the deposit has been registered.

She is adamant i have to leave by Tuesday, i am away from Tues evening for a few days (after the arrears and rent have been paid) and has sent 3 texts this morning demanding to see my bank statements. I have chosen not to reply to any of the texts today as i dont want to antagonise her further.

kizkiz

You say you have no contract, but have been getting receipts for the rent payments.
Have you kept all the receipts and do they clearly state what they are for? ie: rent at that address and dates.

just playing devils advocate, but if the landlord kicks you out illegally it helps to be able to prove you actually live there

dimbo61

Keep all the texts and voicemails just in case.
She does not know the law and is hoping you do not either.
Do not mention the DPS until you want to leave !!!
If she tries to serve a S21 it is invalid because she has not registered your deposit ( IDIOT)
Report the harassment to the police if she tries to evict you on tuesday or before