Unprotected deposit and threats from landlord

Guest101

audigex wrote: »

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"

Without starting a huge debate, i would just counter that the LL has relinquished a number of 'ownership' rights in exchange for rent. I would think it better to class him as the freeholder (if the property is indeed a freehold property, or equivalent for a leasehold, eg Head Leaseholder - i believe) rather than the owner. The tenant is the owner of a lease. The tenant is a leaseholder.

It is completely possible for him to tresspass, which is i believe tort law.

However - aggravated tresspass is a criminal offence. And again without starting a debate, a LL entering a property without the tenants permission for reasons other than included in the contract with correct notice, but not including conducting an illegal eviction, could (and in my opnion would) constitute such.

helphelphelphelp

The police came round today and have logged the threats of harassment. My friend has contacted her landlord and has reminded them of their legal responsibilities of a landlord and that they have no access to the property whilst she is a tenant. She has also asked for all communications to be via letter and that any further threats of eviction will be treated as harassment and legal action will be taken.

The landlords have retaliation by increasing the rent by £100 pcm (rent is currently (£750 pcm). Does a LL have to give any notice. Does a tenant have to accept this new term? Can she just carry on paying the current amount on her rolling contract? How does this work? She has still not received any paperwork confirming her deposit has been protected. Court papers were taken in on Monday and am assuming they have now been issued, hence this behaviour from the landlords.

Thanks again and sorry for all the questions.

fishpond

Like most things concerning LL's and Tenants, there are strict rules and protocol to be followed when raising the rent.
The Tenant also has the option of objecting to the increase.
Without getting bogged down in the law I will leave you to either look it all up on HM.Gov or Shelter websites.
From what you have written, there is no way that the law has been complied with.
I am sure someone else will explain further.
P.S. Could you answer my previous question to you?

teeni

helphelphelphelp wrote: »

The police came round today and have logged the threats of harassment. My friend has contacted her landlord and has reminded them of their legal responsibilities of a landlord and that they have no access to the property whilst she is a tenant. She has also asked for all communications to be via letter and that any further threats of eviction will be treated as harassment and legal action will be taken.

The landlords have retaliation by increasing the rent by £100 pcm (rent is currently (£750 pcm). Does a LL have to give any notice. Does a tenant have to accept this new term? Can she just carry on paying the current amount on her rolling contract? How does this work? She has still not received any paperwork confirming her deposit has been protected. Court papers were taken in on Monday and am assuming they have now been issued, hence this behaviour from the landlords.

Thanks again and sorry for all the questions.

rent increase is either dictated by tenancy agreement OR can be requested after giving one months notice on a s13 notice which also advises the tenant of the right to refer the increase to the rent assessment panel. If it is not accepted she should write back and say so then she will most likely get a notice requiring possession (s21)

terryw

By what means has the landlord informed your friend of the rent increase?

jjlandlord

Guest101 wrote: »

However - aggravated tresspass is a criminal offence. And again without starting a debate, a LL entering a property without the tenants permission for reasons other than included in the contract with correct notice, but not including conducting an illegal eviction, could (and in my opnion would) constitute such.

Certainly not in itself as aggravated trespass means the following intent:

(a) of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,

(b) of obstructing that activity, or

(c) of disrupting that activity.

Let's not dream up random offences, shall we? (especially when it's irrelevant)

Guest101

I think the LL just entering the property would certainly be disruptive to anyone....

Whether it's intimidating and obstructive would be seperate issues, but potentially also applicable. Only 1 subsection needs to apply for the offence.

I did say could. As obviously it's never just clear cut black and white.

helphelphelphelp

the elderly couple are the landlords.

I have read the information regarding rent increases etc on these sites but am a bit confused. If she does not pay the increase, can the landlords then evict her for non payment of rent or would it be a section 21? If its the latter, they will struggle at the moment unless they have finally protected her deposit. She has also been posted a new contract which she has been told came into force on 30 March 2015, despite her not signing this. I have told her this will not hold up in court and is not legally binding but I think they (the Landlords) are using this to try and get around the 30 days notice for the rent increase

Obviously the tenant will not want to enter into a further tenancy with them and will want to remain on a periodic. If this is the case, and as it is her choice, does this mean the landlord will need to issue a section 13 notice? Can all requests for increases be ignored until this time?

Thank you.

jjlandlord

Guest101 wrote: »

I think the LL just entering the property would certainly be disruptive to anyone....

Whether it's intimidating and obstructive would be seperate issues, but potentially also applicable. Only 1 subsection needs to apply for the offence.

I did say could. As obviously it's never just clear cut black and white.

Please... stop.

helphelphelphelp

I would add that the new contract was hand delivered through her door today, although it was dated 30 March (just to clarify)