Please help scared for my girlfriend =(

BigAunty

dannib898 wrote: »

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.

Since your landlord has a history of making threats, consider having a recording device to capture evidence of this if he rings again. Does her mobile phone or landline have the capacity to record calls?

dancingfairy

Why would he break in? That sounds crazy.
Have you written to him advising him you've changed the locks?
Your landlord can only break in if there is a serious problem ie gas leak, flood, fire that kind of thing. He can't break in because he feels like it.
If he wants to visit with the gas man then it clearly isn't going to be an emergency (you don't plan an emergency in adavance).

You have 2 main choices:
1) write to him, explain that you are happy to receive the gas man but that you wish to be present.
2) write to him and explain that you do not wish to have a visit by the gas man. If he feels it is important perhaps he can let you know why it is so important?

If there is no valid gas safety certificate then it is probably in her best interests for this visit to be done (if that is the purpose of the visit). Is there someone who could accompany her or stay in the house instead and supervise the gas man?
With regards to the threats I would call the police and get them to log it. Obviously if anything does happen then she should call 999 and if there is already a record then hopefully help would get to her quicker.

Whatever she decides to do she needs to put it in writing (option 1 or option 2) and keep a copy and get a certificate of posting.

df
P.S I read on another thread on here today that it MAY be possible to claim for the 3x deposit penalty for non deposit protection in the small claims track after all (apparently some judges are allowing this). If this is something she wishes to pursue then she should phone the court and ask for the procedure and what track it would be allocated to. Note this is obviously second to suing for the actual deposit and all of it is obviously of much lesser importance than staying safe.

Kynthia

The police are right that there is civil law and criminal law, they don't get involved in civil law which means they are not experts in it. Therefore they have told you some things wrong. The landlord cannot break in, if a tenant doesn't give him permission to enter the property when they have a tenancy granting them 'exclusive occupation' then the landlord needs a court order. Also threatening behaviour, harassment and illegal eviction are against criminal law and the police should be called, although you may need the print out from Shelter's website showing what illegal eviction is to prove that too them.

dannib898

Thanks for all your advice I think she is just going to let her have a look round so there is not no issues around Christmas. But the Landlord wants to take photos ? Any idea why this might be?

dancingfairy

This doesn't entirely sound good. It could be completely innocent but it sounds rather strange.
My initial thought is that the landlord is thinking about trying to make claims against the deposit somehow and is going to try and claim that this is how the house was left. Perhaps it is an intimidation tactic, who knows.
Perhaps the landlord wants to put the property up for sale?
Whatever the reason I can't think of any off the top of my head where it is actually in the tenants interests.
I'd probably tell them (possibly in writing) I didn't feel comfortable with them taking photos, especially given the current tensions.
df

dannib898

dancingfairy wrote: »

This doesn't entirely sound good. It could be completely innocent but it sounds rather strange.
My initial thought is that the landlord is thinking about trying to make claims against the deposit somehow and is going to try and claim that this is how the house was left. Perhaps it is an intimidation tactic, who knows.
Perhaps the landlord wants to put the property up for sale?
Whatever the reason I can't think of any off the top of my head where it is actually in the tenants interests.
I'd probably tell them (possibly in writing) I didn't feel comfortable with them taking photos, especially given the current tensions.
df

Yes you have a point im worried now =( but will the fact that they have not put her deposit in a bond protection scheme make it not possible to sue her for damage? besides the flat is fine except stains on the carpet due to having a 5 year old and the carpet been cream lol

dancingfairy

I'd make a not of all threats. Write the time, date, what was said, what the situation was etc. I would not suggest doing this in front of the landlord if there is likely to be violence.
She can:
report threats/harrassment to the police.
and/also go a see a solicitor/lawyer and see if for a fixed fee they will write to the landlord warning them that their behaviour *could* be seen as harrassment and warning them to back off. The CAB or a local legal aid centre or Shelter may also be able to help with this.
Obviously she has options and does not have to suffer in silence. She also needs to decide whether she does want to pursue these routes. Ideally she should report the landlord to the police and maybe get a solicitors letter but I understand that this may escalate things and she may be prepared to keep these options in reserve for now. Obviously it is up to her.
Also note that the police are a) not lawyers/solicitors and have to know a little about many situations, they have been known to get it wrong in relations to tenants rights and also that they can be overstretched/overlook things like harrassment so she may need to assert herself. Shelter can help with things like this if she wants to go down the harrassment route. Do not assume that the police will automatically get things right - they may need to be pointed at actual pieces of law.
I hope your girlfriend is able to get through this as smoothly as possible and get out of there.
df

dancingfairy

With regards to the deposit etc. The landlord doesn't have a leg to stand on. That's not to say that they won't try it on. Anyone can take anyone to court for any reason (or no reason)
Your gf may have to take the ll to court for the return of the deposit and the ll can counter sue. It could get messy
I honestly wouldn't let the ll take photos though.
df

BigAunty

dannib898 wrote: »

besides the flat is fine except stains on the carpet due to having a 5 year old and the carpet been cream lol

These are excuses that wouldn't carry any weight against deposit deductions (though i know there are deposit registration issues). A deposit charge should take into account the original condition and age of the damaged item and not bill on a new for old basis.

A tenant is permitted fair wear and tear. This means natural deterioration and through normal tenant like usage, such as the thinning of carpets within doorways or fading through exposure to sunlight.

Stains and damage caused by sticky children are legitimate reasons to make deposit deductions, even if made by accident and even if the colour of the carpet isn't helpful.

It is fairly pointless for a landlord to take pictures for the purposes of an inventory during the tenancy. At the start, they could form part of a signed dual inventory. At the end, with the signed dual inventory, they could be proof of changes. Pictures taken midway through are largely meaningless. For example, a tenant may rectify the damage they have made and are responsible for - steam cleaning the carpet prior to check out, for example.

Guest101

beyourself wrote: »

I’d consider hiring a lawyer as her landlord doesn’t follow the rules that he should. Secondly, read her agreement part if there are some rules that were neglected and go to the court. If she has notified the landlord about the liking roof and other problems in writing then she can take your landlord to court or breake her lease. Moreover, her landlord cannot evict her without bringing her to Court and receiving a "judgment for possession." If her landlord evicts her without a judgment for possession that is why he may be responsible for paying her for breaking the law. In your case the landlord has threatened to evict her with a 5 year daughter without bringing her to Court and receiving a judgment for possession, she can send a letter (that could be later an evidence) to her landlord advising him that the eviction is illegal. When I was short of time to find the flat my friend recommended me Localmartuk.com, perhaps it can help you to find better landlord and better place for living.

Mostly correct, but no she cannot break the lease because of a leak. And no she cannot take the landlord to court for not following the TA; unless the tenant can prove a loss to the court.

Illegal eviction is very serious, the ll would be paying thousands; maybe even prison time.