Please help scared for my girlfriend =(

dannib898

I just want to thank everyone who has contributed to this thread you all have been of great help and ill sleep better tonight , My girlfriend called shelter they were fantastic , The landlord has breached numerous things he dosent have a leg to stand on =D the notice dosent count for nothing and its going to be months even up too a year until he can legally get her out according to shelter he did not place the 470 pound deposit into one of the schemes. So she is just in the process of getting this in writing then taking the landlord to small claims court for 3 times the amount of deposit as recommended by shelter.

Thanks again for all your help

AlexMac

Well done for your persistence in following through this thread, (and loving loyalty on behalf of your Girlfriend) Dannib...

Hope it all works out...

My early years were spent in a series of cr*p short-term rentals and B&Bs, but with loving family support (albeit mum was usually skint) , I got thru and thrived, emotionally and financially and in housing terms...

So stick with it

[Deleted User]

dannib898 wrote: »

I just want to thank everyone who has contributed to this thread you all have been of great help and ill sleep better tonight , My girlfriend called shelter they were fantastic , The landlord has breached numerous things he dosent have a leg to stand on =D the notice dosent count for nothing and its going to be months even up too a year until he can legally get her out according to shelter he did not place the 470 pound deposit into one of the schemes. So she is just in the process of getting this in writing then taking the landlord to small claims court for 3 times the amount of deposit as recommended by shelter.

Thanks again for all your help

From what I've heard on here, getting 3x the deposit will actually cost £100 in court fee's. I believe it doesn't go through the small claims court system but hopefully someone more knowledgeable will comment.

Kynthia

I'm glad Shelter are giving good advice. As others have said, your girlfriend should pay her rent but in a way that can be evidenced (get a receipt or pay by cheque or band transfer). The notice she has been given is invalid, not just because of the date served but also because the deposit isn't protected. Therefore if the landlord did apply to the court for possession your girlfriend could send back in the post a defence that is very likely to be successful.

The landlord was required by law to protect the deposit. Although your girlfriend can sue for up to three times the deposit as compensation, this is expensive. However it is not expensive to just sue for the return of the deposit as this is through small claims court. Also it is law for the property to have a gas safety certificate. For her own safety she should request the tenant copy of it and report the landlord to the HSE if it is not provided. She should call the police if the landlord ever becomes threatening or violent and possibly change the barrel of the lock if she fears he will let himself in. Follow up with Environmental Health if the property is still not safe and start saving up in order to move somewhere better in the future.

blackshirtuk

You have been given excellent advice on the legalities of your girlfriend's situation. You can now see a way forward, but what does she want to achieve?

Following the above advice will mean she will continue to live in a potentially dangerous flat with a landlord who will be reluctant to carry out repairs.

My advice would be to find somewhere else to live asap. find out what effect non payment of rent could have. Research help with regards to deposit etc.

The legal issues with the landlord can be dealt with later. Her Landlord is certainly not performing his duties, but safety has to come first.

Winning a case against this landlord will in no way make up for any harm caused to her or her daughter.

benjus

deannatrois wrote: »

From what I've heard on here, getting 3x the deposit will actually cost £100 in court fee's. I believe it doesn't go through the small claims court system but hopefully someone more knowledgeable will comment.

As I understand it, a claim for 3 x deposit should be allocated to the Multi Track at court, which would mean £220 allocation fee + £1090 hearing fee, so £1310 - quite a hefty investment.

Of course if they win the case they'll get the money back, but if they don't have it in the first place it would be a problem.

I hope the OP hasn't been advised to use the Small Claims track, as the landlord could have the case dismissed due to it being made on the wrong track. Although looking at this thread: http://www.landlordzone.co.uk/forums/archive/index.php/t-55095.html the LL might prefer to defend it anyway in the hope of getting a lower penalty. No idea what the judge would make of that, though.

The Small Claims track would be fine for merely claiming the return of the deposit with no penalty, AFAIK.

RAS

dannib898 wrote: »

I just want to thank everyone who has contributed to this thread you all have been of great help and ill sleep better tonight , My girlfriend called shelter they were fantastic , The landlord has breached numerous things he dosent have a leg to stand on =D the notice dosent count for nothing and its going to be months even up too a year until he can legally get her out according to shelter he did not place the 470 pound deposit into one of the schemes. So she is just in the process of getting this in writing then taking the landlord to small claims court for 3 times the amount of deposit as recommended by shelter.

Thanks again for all your help

See benjus info on the use of the small claims court.

more importantly.

Have you changed the door locks (just the barrels which you can change back when she leaves and take to the new place)?

And re the deposit How much is it in £££s?

thequant

if the LL is being arsey wth notices , claiming he has sent things when he hasn't. It is important to remember the burden of proof regarding delivery is on him and not you.

Even then proof of delivery is not proof of receipt, which is actually more important.

dannib898

Hello everyone again I have changed the locks to her property however the landlord wants to come round to inspect the property with a gas man??? but the gas check was done 6 months ago =/ what are the laws with them entering the property ? i have changed the locks but worried about the landlord breaking the door down =( as she has already had threatening calls so i would not put it past him. I went to the police to express my worries for her and they just said he can break in if he needs to gain entry because its his property ?? this do sent sound right to me =/ they also said its a civil matter and there is a difference between civil law and actual law ?

BigAunty

Many aspects of tenancy disputes are civil matters, business issues relating to the contract and therefore don't involve the police in criminal matters. It's usually up to the tenant/landlord to either resolve their differences or take each other to court.

That said, Police are notoriously weak on where there are criminal breaches and can deflect all matters by classing them as 'civil'.

Speak to Shelter again. See their sections on harassment and illegal eviction and the advice there on how to record it and deal with it. It also provides a link to complaining about Police treatment.

Does your council have a private tenancy relations officer? Many do, though called various different titles. Some try to minimise their exposure to tenant/landlord conflicts, others investigate and will prosecute for certain housing breaches.

http://england.shelter.org.uk/get_advice/private_renting/problems_with_renting/harassment_by_a_landlord