Unprotected deposit and threats from landlord

helphelphelphelp

I posted last week on behalf of a friend who had been overcharged rent and had also not had her deposit protected. We followed the advice given and sent a letter asking for proof of the government backed scheme the deposit was held in, which there was no response and followed through with court proceedings.

The landlord has been in contact today threatening the tenant saying she is 'taking advantage of an elderly couple who are ill, and that she will be out of the house by Friday'. My friend has contacted the police and they will be round tomorrow morning and I have also advised her to contact shelter.

What laws are protecting her. I have told her that the landlords are unable to evict her as she has been paying her rent and she has not received a correct notice. I have also said they have no rights to enter her property and if they do this, will this be a civil or criminal offence?

How is the best way she can protect herself. They have no keys for the property so have no way to get in apart from a lock smith or forcible entry

Thanks

anselld

Harrasment and illegal eviction are criminal offences. Report to the police as you have suggested an don't take any nonsense from the police like "it is a civil matter".

Eviction cannot be done (legally) without a Court order and there is no chance of the L getting one until the deposit is returned.

Daerve

anselld wrote: »

don't take any nonsense from the police like "it is a civil matter".

That's actually really bad advice because the process of evicting a tenant "is" a civil matter.

If the police state it's a civil matter it's not nonsense, it's because it's a civil matter.

Not withstanding of course any criminal acts committed in the process or preventing a breach of the peace.

OP, contact shelter.

anselld

Daerve wrote: »

That's actually really bad advice because the process of evicting a tenant "is" a civil matter.

If the police state it's a civil matter it's not nonsense, it's because it's a civil matter.

Not withstanding of course any criminal acts committed in the process or preventing a breach of the peace.

OP, contact shelter.

I was referring specifically to the criminal offences of harassment and illegal eviction. The first has already been committed the second has been threatened.

Of course legal eviction is a civil matter but there would not be a thread if any legal process was being followed.

m0bov

Have u changed the locks?

helphelphelphelp

As far as I am aware the landlord has no entry by key to the property. I have sent my friend a link to the shelter website so if the police say it's a civil matter she can correct them. Thanks again

Daerve

helphelphelphelp wrote: »

As far as I am aware the landlord has no entry by key to the property. I have sent my friend a link to the shelter website so if the police say it's a civil matter she can correct them. Thanks again

It's worth remembering that the police probably know less about this area of law than you do so it's worth printing off the advice from shelter to show them.

Except harassment, thanks to the facebooks the police know lots about harassment.

fishpond

helphelphelphelp wrote: »

I posted last week on behalf of a friend who had been overcharged rent and had also not had her deposit protected. We followed the advice given and sent a letter asking for proof of the government backed scheme the deposit was held in, which there was no response and followed through with court proceedings.

The landlord has been in contact today threatening the tenant saying she is 'taking advantage of an elderly couple who are ill, and that she will be out of the house by Friday'. My friend has contacted the police and they will be round tomorrow morning and I have also advised her to contact shelter.

What laws are protecting her. I have told her that the landlords are unable to evict her as she has been paying her rent and she has not received a correct notice. I have also said they have no rights to enter her property and if they do this, will this be a civil or criminal offence?

How is the best way she can protect herself. They have no keys for the property so have no way to get in apart from a lock smith or forcible entry

Thanks

Are the elderly couple the LL's or is it someone else?

Widelats

If its a unsecured deposit you can sue them for 10 times the deposit amount. I believe.

teeni

Daerve wrote: »

That's actually really bad advice because the process of evicting a tenant "is" a civil matter.

If the police state it's a civil matter it's not nonsense, it's because it's a civil matter.

Not withstanding of course any criminal acts committed in the process or preventing a breach of the peace.

OP, contact shelter.

no it is perfect advice, evicting a tenant without following the correct procedure is a criminal offence AND a civil offence

teeni

Widelats wrote: »

If its a unsecured deposit you can sue them for 10 times the deposit amount. I believe.

1 to 3 times for non compliance with tenancy deposit rules not 10 times