Unprotected deposit and threats from landlord

fishpond

Widelats wrote: »

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

:rotfl::rotfl::rotfl::rotfl:

G_M

PLEASE folks - I know you mean well, but before giving advice, check you know what you are talking about!

* Failure to register a deposit can result in a penalty of between 1 and 3 times the deposit; NOT 10 times! (Housing Act 2004 & Localism Act 2011 ) see: Deposits

* yes, proper eviction is a civil matter. But that post was in response to comments about harassment and illegal eviction. These ARE criminal offences (Protection from Eviction Act 1977).

If the LL attempts forced entry, dial 999, say someone is breaking in and you are scared. When police arrive, if there is any talk of "it's a civil matter" or "It's a private LL/tenant matter" refer the police to the Protection from Eviction Act 1977 which is a criminal matter. Insist the police log the details AND make a note of the Act.

Eviction can only be enforced by a court order, NOT by the landlord.

And if the deposit is not registered, the court will reject any S21 Notice the LL serves the tenant as part of the pre-court eviction process.

Daerve

teeni wrote: »

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

It is if the tenant has actually been evicted.

The OP hasn't actually been evicted so the advice isn't perfect at all is it?

Thankfully in this country the legal system does not include crimes that may be committed in the future so unless the landlord turns up with some heavies and a locksmith it's still a civil matter.

G_M

Daerve wrote: »

It is if the tenant has actually been evicted.

The OP hasn't actually been evicted so the advice isn't perfect at all is it?

Thankfully in this country the legal system does not include crimes that may be committed in the future so unless the landlord turns up with some heavies and a locksmith it's still a civil matter.

No.

Read the Protection from Eviction Act 1977.

eg

(3)If any person with intent to cause the residential occupier of any premises—
(a)to give up the occupation of the premises or any part thereof; or
(b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;
does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.

so yes, it is a crime to do something which might in the future result in (illegal) eviction.

Daerve

G_M wrote: »

No.

Read the Protection from Eviction Act 1977.

eg

Very enlightening, cheers.

stator

Change the locks anyway, you don't know who has a key. And don't leave the house if you can avoid it. Does she have friendly neighbours? Ask them to keep an eye on the place and phone the police if anyone shows up and attempts to break in.

Daerve

Daerve wrote: »

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.

teeni wrote: »

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

Daerve wrote: »

It is if the tenant has actually been evicted.

The OP hasn't actually been evicted so the advice isn't perfect at all is it?

Thankfully in this country the legal system does not include crimes that may be committed in the future so unless the landlord turns up with some heavies and a locksmith it's still a civil matter.

I take it all back, having read the above legislation I was wrong.

ViolaLass

The LL would have to be an idiot not to have a spare key. Just on the off chance that they're not, change the locks!

jjlandlord

The landlord has some rights to enter the property. In any case, just entering, e.g. using his key, will indeed be a civil matter.

Now, if he enters and try to kick the tenant out, breach the peace, assault the tenant, etc. that will obviously become criminal.

audigex

The landlord has some rights to enter the property: he has no rights to let himself into the property.

With suitable notice (minimum 24 hours, possibly longer if stated in your contract), he can request entry for the sole purpose of affecting repairs or inspecting the condition of the property. This must be at a reasonable time unless it is to affect emergency repairs.

Tell your friend to insist on 24 hours notice prior to any visit (turn him away if he visits earlier), and to have someone present when he visits.

Either way, on principle I'd have him up in court over the lack of a deposit protection scheme: whether he tries to withhold it or not, not putting the deposit in a scheme smacks of someone who wishes to try to use the deposit as blackmail.

And just to add a further twist to the civil vs criminal - trying to enter his own property but not actually evict your friend would potentially fall under "Breach of the peace" (as it's impossible to trespass on your own property) which is neither a civil OR a criminal offence: it's a "legal oddity created by the Royal Prerogative"