Problems with landlord, help please.

G_M

ripplyuk wrote: »

I haven't told them about the leaking roof because if they say anything to the landlord, I'd be scared living here, knowing his temper.

The poice can help with criminal offences:

Protection from Eviction Act 1977

1 Unlawful eviction and harassment of occupier.

(1)In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.

(2)If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.

(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.

Assault is also illegal. There does not need to be physical contact - the fear of physical contact is an assault.

Breach of the Peace is also an arrestable offence.

G_M

ripplyuk wrote: »

The tenancy began in 2001. It was very informal. I gave him a month's rent in advance and the same amount as a deposit. No rent book or tenancy agreement or anything like that. I've just paid the rent month to month ever since.

So you have never reseived, in writing, the LL's address? See my link above (Landlord and Tenant Act 1987 section 48) and stop paying rent.

As per the Deposits link above, no S21 notice would be valid. The only way you can be evicted legally is via a S8 Notice (eg for rent arrears) or by first getting your deposit returned and then a S21. Do you have evidence of paying the deposit (receipt?).

ripplyuk

Thanks for the links G_M. I don't have a receipt for the deposit. I do have the landlords address because it's listed on my housing benefit papers. I thought it would be very easy for him to evict me due to the lack of an agreement or rent book but maybe it wouldn't be.

Though, I think I'd be too frightened to upset him again. He's such a big man and I've never in my life had someone scream in my face and curse like that. He kept moving into my face every time I stepped back. I'm quite mild mannered and it took a lot of courage to even try to speak to him about it.

I'd also be worried about what he'd do to my car and my pets and I'd have no way to prove anything to the police. Also, he works at the same place that my rented house is. It's hard to describe but basically, I see him every day. Makes it harder to cope with if he's angry. He lives close by too.

G_M

Only you can decide what you feel comfortable with and what you fear, but from the little info you've provided my advice is to start sticking up for yourself.

ripplyuk wrote: »

Thanks for the links G_M. I don't have a receipt for the deposit.
without a receipt or other evidence, the LL could claim you never paid a deposit, and thus a S21 is valid.
I do have the landlords address because it's listed on my housing benefit papers.
That was provided by the council. The law says that the landlord must provide his address (otherwise how can you serve court papers, notice etc on him?). Read the link!
I thought it would be very easy for him to evict me due to the lack of an agreement or rent book but maybe it wouldn't be.
You pay rent. You receive a property in return. Therefore you are a tenant, with the rights and protections of a tenancy.

Though, I think I'd be too frightened to upset him again. He's such a big man and I've never in my life had someone scream in my face and curse like that. He kept moving into my face every time I stepped back. I'm quite mild mannered and it took a lot of courage to even try to speak to him about it.
Go to the police station tomorrow and report this. Sometimes the police suggest it is 'a civil matter' or a 'landlord/tenant matter' - do not accept this. If this happens, ask to speak to a more senior officer. Get an official report written. Even if they do nothing now, at least it is on record. Then if it happens again the police will react better as they already have a record.

Quote the laws I have already given you if they are reluctant to record what you say. Stress your fear.

I'd also be worried about what he'd do to my car and my pets and I'd have no way to prove anything to the police.
Again, tell them this now. It would make them more likely to take action if something happened.
Also, he works at the same place that my rented house is. It's hard to describe but basically, I see him every day. Makes it harder to cope with if he's angry. He lives close by too.

Being close by I understand the difficulty.

Ultimately the solution is to move I'm afraid.

[Deleted User]

If you have needs that require support, can you get a case worker involved? Are there any charities that work with people with your health care needs who will advise you on how to get one?

This is nothing to do with your situation, but I found that as my 19 year old son has ASD, and so is considered to be a vulnerable adult, he was entitled to have a social worker and while massively overworked, she is trying to improve his quality of life. And that includes helping with our housing problems.

I'd also advise getting your MP or Councillor involved (whoever you end up with).

I'd also go to housing, tell them what's happening with your LL.., take pictures of the house/damp how its affecting you and get an update on what you can do to actually get social housing. Whilst I suspect they won't make things easy for you, it might give you some idea what you need to do.

I realise its not easy involving envronmental health.., and I really do appreciate how hard it is to deal with LL's like this. Got one myself. Try and get some support so you can move out.

strongboes

Where do you live?

G_M

strongboes wrote: »

Where do you live?

Yeah! I wondered that. If it's not too far what say we go round together and give the LL a taste.......?

ripplyuk

G_M wrote: »

Yeah! I wondered that. If it's not too far what say we go round together and give the LL a taste.......?

To be honest, I'm too scared to say in case he finds the thread but it's not on the mainland.

You're right G_M, I should start sticking up for myself. I just keep thinking he'll fix it eventually because he says he will and the thought of leaving everyone I know here and having to give up my pets is so awful. But I really haven't got much choice. The links you gave are very helpful. I didn't know any of that.

deannatrois,
My GP did say about getting a social worker for me. I said it wasn't necessary but it might be a good idea if they could help me with this and perhaps support me a bit if I lose my carer due to moving.

The most annoying thing is that if I move, I know he'll have it fixed in no time so that he can put another tenant in. I really look after the house and keep it nice. I don't understand why he doesn't just fix it for me. I doubt he'll tell any new tenant about the other issues with the house, like the serious damp problem leaving clothes mouldy or the woodworm infestation. The old boiler is also so inefficient that I can't get the temperature above 15 C.

ripplyuk

I'm also wondering how much notice I'm allowed if he did give me a section 21 eviction. I've been reading up a bit and it said that if the tenant has been there more than 10 years, you have to give 12 weeks notice. Is this correct? I've been here 14 years. Or, is this only if you have a written tenancy agreement?

He'll most certainly deny that I ever gave him the deposit so I guess if I upset him any more, I'll get the section 21 very quickly.

G_M

You can use the Shelter tenancy checker here:

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

But I'm pretty sure you have either a Contractual Periodic Assured Shorthold Tenancy or a Statutory Periodic Assured Shorthold Tenancy.

Either way, the Housing Act 1988 says the LL must serve a S21 Notice with 2 calender months notice before it expires, after which the LL can apply to a court for possesson (a contractual periodic must align the expiry with the tenancy periods so may be longer than 2 months). He cannot evict you without going to court.