Corruptive eviction while pregnant

Aleishac89

I am wondering if anyone may have advice on this. Me and my partner fell in to arrears due to personal circumstances, we spoke to the landlord and he was understanding friendly an helpful with us. We explained we was due some money and that we would pay the arrears of £700 and an extra 2 months upfront. At the time I was 6 months pregnant. We work full time and after a long day at work we came home to find the electrics had been disconnected. At 10pm we couldn't get hold of anyone so went straight to bed. We tried to contact our landlord the next day before going to work but to no avail. I returned home to find a letter of the landlord saying we believe you have vacated the property, why would they be under that impression if we hadn't told them the situation... Strange really. After a few days we spoke to them and asked them if they had disconnected the electrics, they denied. They said have we paid our electric bill we explained it's a pre payment meter and we was in credit of over £12. We went to our local council who was straight on the phone to them and arranged a appointment for the next day for a electrician to reconnect the electrics. This was arranged for 9am. Me and my partner waited outside the property for over a hour, we then received a call from council saying we were not at the property and the landlord turned up, since then we know the landlord pulled up in his car and waited but with no electrician. We then returned to the council a few days later after getting a handwritten note from the landlord about us handing the keys back, walking away without paying arrears but they would keep our bond for the rent owing and change the locks... Again we saw this as strange as if they hadn't done anything why would they let tenants walk away without paying arrears! The council informed us they were not legally allowed to change locks and we had a letter to give to them an the police,stating the situation and that it was illegal to do so. I was under a lot of stress and worry with being pregnant I had to go to more appointments an scans.
We have no idea how many times the landlord has entered our house without our permission when at work etc. we have now been issued with a possession for property, after many emails, texts and handwritten notes of slander, harassment, and not doing things the legal way. Our electrics were cut off for just short of a month, in that time we had to stay at a cheap B and B, out of the area, we still had to commute to work, no washing facilities so my mum helpe us. No cooking facilities, so it was food out and about as had no fridge. In total this cost is around £1500!! After constantly asking the landlord to make the home habitable as it's all electric, an they had 4/5 chances to do so. We paid ourselves for a electrician to come and switch it back on. The next day another letter arrived saying you now owe another months rent, accusing US of disconnecting electrics as we are in arrears ( I wouldn't no what to do, why would my partner do it when I'm pregnant??, an if we are already in arrears we would keep te electrics on and just stay there... Kind of common sense really). We sought legal advice and got informed they haven't a leg to stand on. We have statements from our neighbour as he was home the day they disconnected the electrics and can vouch we are good genuine people.
We were forced out of the property and have been told they have done this before to people. The fact in pregnant I know goes in our favour when we have to go to court, we want to claim our losses and bond back from them and have no issues paying what we originally owed. Any help on this would be appreciated.

Guest101

You can legally change the locks. That is not a crime, so go ahead and do so.


You being pregnant is irrelevant. This is harassment and possibly illegal eviction.


Are you still tenants there?


Was your deposit protected?


And is the property in England?

FBaby

It's all very confusing. The fact is that if you haven't paid rent on time they had grounds to start procedures to evict you pregnant or not. The question is whether they have done this legally. It sounds like no is the answer but again not clear at all from the OP.

Guest101

FBaby wrote: »

It's all very confusing. The fact is that if you haven't paid rent on time they had grounds to start procedures to evict you pregnant or not. The question is whether they have done this legally. It sounds like no is the answer but again not clear at all from the OP.

I agree some things are not clear.


And I think the OP has behaved pretty badly in:


1: Not taking control of the situation
2: not paying rent
3: Not mitigating her losses


I'm assuming the LL did indeed arrange for the shut off of the electrics. But this is remedied in less than 24 hours. Not 1 month.


Changing the locks is a 5 minute job.

Cakeguts

I am going to ask some questions because there are some things here that I don't understand so starting from the beginning. The electricity got cut off? What I don't understand is how did it get cut off? If it is a prepayment meter in order for it not to work someone must have disconnected the supply to the house? Because it is your meter did you not contact the electricity supplier to find out what had happened to your electricity supply? I can't see what the council has got to do with this because they don't supply your electricity and it isn't a council house is it? Why was the electricity off for a month? You don't explain this at all. If you had called your electricity supplier the company that owns the meters at the time when the electricity got cut off they would have sent someone round to look but instead you called the council why? The last time I looked councils were not in the business of selling electricity?

The landlord cannot switch your electricity supply back on because he doesn't have a contract with your supplier. Only you have the contract with your electricity supplier so only you can sort out your electricity supply.

Ask the neighbour who disconnected the electricity supply. You don't say that the neighbout said that he saw the landlord disconnect the electricity supply.

The fact that you are pregnant doesn't make any difference to the contract that you signed when you agreed to rent the property.

If you are two months in arrears on rent the landlord can ask a court for possession. The advice from Shelter a leading housing charity is that rent is a priority bill. What this means is that you must pay the rent before you buy or pay for anything else. Rent is the most important bill that you have. Am I right in thinking that you are now at least 3 months in arrears on the rent or have you paid it all off? If you really can't pay the rent then you have got to get some help in the form of housing benefit to help you out, you can't just not pay it.

So lets start again. You admit that you were in arrears on the rent by 2 months. So instead of agreeing with the landlord to make payments to reduce these arrears in order to keep your home you accused him of cutting off your electricity supply is this right? You then rang the council who is not your electricity supplier to ask them to find an electrician for you to reconnect your supply but the council is not your landlord or your electricity supplier so what did you expect them to do?

It then takes a month for you to get hold of the right person to reconnect your electricity supply. How do you expect to claim back the money for the fact that you didn't get your electricity supplier to reconnect your supply? The £1500 pounds you say you spent was caused by your actions. It doesn't take a month to reconnect and electricity supply if you ask the right person to do it the 1st time. That person would be the company that supplies your electricity. I hope that you aren't trying to justify claiming £1500 from the landlord?

The landlord made you an offer for possession of the property. You turned him down.

You say that you have been issued with a possession of the property is this a letter from the court or a letter from the landlord? If it is a letter from the court then you will have to leave when the bailiffs come. If it is a letter from the landlord seeking possession then you will be able to go to court to put your side.

The original problem was actually caused by you by not making arrangements to pay your rent. What I would suggest is that you look at the Shelter website and read what it says about your obligations when renting privately. You will also be able to find out how to get help if you can't pay your rent.

Guest101

Cakeguts wrote: »

I am going to ask some questions because there are some things here that I don't understand so starting from the beginning. The electricity got cut off? What I don't understand is how did it get cut off? If it is a prepayment meter in order for it not to work someone must have disconnected the supply to the house? Because it is your meter did you not contact the electricity supplier to find out what had happened to your electricity supply? I can't see what the council has got to do with this because they don't supply your electricity and it isn't a council house is it? Why was the electricity off for a month? You don't explain this at all. If you had called your electricity supplier the company that owns the meters at the time when the electricity got cut off they would have sent someone round to look but instead you called the council why? The last time I looked councils were not in the business of selling electricity?

The landlord cannot switch your electricity supply back on because he doesn't have a contract with your supplier. Only you have the contract with your electricity supplier so only you can sort out your electricity supply.

Ask the neighbour who disconnected the electricity supply. You don't say that the neighbout said that he saw the landlord disconnect the electricity supply.

The fact that you are pregnant doesn't make any difference to the contract that you signed when you agreed to rent the property.

If you are two months in arrears on rent the landlord can ask a court for possession. The advice from Shelter a leading housing charity is that rent is a priority bill. What this means is that you must pay the rent before you buy or pay for anything else. - That's not what it means. Rent being a 'priority bill' means you are justified in paying that, and council tax, before other debts. Rent is the most important bill that you have. Am I right in thinking that you are now at least 3 months in arrears on the rent or have you paid it all off? If you really can't pay the rent then you have got to get some help in the form of housing benefit to help you out, you can't just not pay it.

So lets start again. You admit that you were in arrears on the rent by 2 months. So instead of agreeing with the landlord to make payments to reduce these arrears in order to keep your home you accused him of cutting off your electricity supply is this right? You then rang the council who is not your electricity supplier to ask them to find an electrician for you to reconnect your supply but the council is not your landlord or your electricity supplier so what did you expect them to do?

It then takes a month for you to get hold of the right person to reconnect your electricity supply. How do you expect to claim back the money for the fact that you didn't get your electricity supplier to reconnect your supply? The £1500 pounds you say you spent was caused by your actions. It doesn't take a month to reconnect and electricity supply if you ask the right person to do it the 1st time. That person would be the company that supplies your electricity. I hope that you aren't trying to justify claiming £1500 from the landlord?

The landlord made you an offer for possession of the property. You turned him down.

You say that you have been issued with a possession of the property is this a letter from the court or a letter from the landlord? If it is a letter from the court then you will have to leave when the bailiffs come. If it is a letter from the landlord seeking possession then you will be able to go to court to put your side.

The original problem was actually caused by you by not making arrangements to pay your rent. What I would suggest is that you look at the Shelter website and read what it says about your obligations when renting privately. You will also be able to find out how to get help if you can't pay your rent.

I agree with the rest of what you've said. Just 'priority bill' needed clarifying.

Cakeguts

Guest101 wrote: »

I agree with the rest of what you've said. Just 'priority bill' needed clarifying.

Thank you I had a bit of difficulty thinking how to put this.

aleisha90

For some reason it wont allow mt to access my account for my 1st post.

First of all, yes we was in the wrong regards rent arrears never said we wasn't. Secondly we was advised by shelter and citizens advice to speak to our council as it is ILLEGAL what they did. They physically disconnected a LIVE wire from the fuse box so nothing to do with the prepayment meter. Thirdly the council and ourselves spoke to and arranged with the landlord to come and put electrics back on as it is ILLEGAL for the property to be uninhabitable and it is their responsibility to rectify this REGARDLESS of arrears.

I am not saying because i am pregnant that i am after sympathy etc. BUT from legal advice and advice from c.a.b etc they have told me it is illegal they had disconnected the utilities and the fact i am pregnant does not go down well. We no longer live there, as it was beyond a joke.. banging at the door, trying the locks etc etc Was not safe to be in the house and being on my own when my partner was at work, it is not a nice situation.

A lot of you may think oh its just us to blame because we are in arrears.. but we offered and explained the situation and told them a day we would pay our arrears and 2 months upfront because of the inconvenience.. THEY CHOSE NOT TO WAIT, and for the sake of 4 days when my cheque had cleared they did this!

Guest101

aleisha90 wrote: »

For some reason it wont allow mt to access my account for my 1st post.

First of all, yes we was in the wrong regards rent arrears never said we wasn't. Secondly we was advised by shelter and citizens advice to speak to our council as it is ILLEGAL what they did. They physically disconnected a LIVE wire from the fuse box so nothing to do with the prepayment meter. Thirdly the council and ourselves spoke to and arranged with the landlord to come and put electrics back on as it is ILLEGAL for the property to be uninhabitable and it is their responsibility to rectify this REGARDLESS of arrears.

I am not saying because i am pregnant that i am after sympathy etc. BUT from legal advice and advice from c.a.b etc they have told me it is illegal they had disconnected the utilities and the fact i am pregnant does not go down well. We no longer live there, as it was beyond a joke.. banging at the door, trying the locks etc etc Was not safe to be in the house and being on my own when my partner was at work, it is not a nice situation.

A lot of you may think oh its just us to blame because we are in arrears.. but we offered and explained the situation and told them a day we would pay our arrears and 2 months upfront because of the inconvenience.. THEY CHOSE NOT TO WAIT, and for the sake of 4 days when my cheque had cleared they did this!

Actually the rent arrears aren't an issue.


It's the fact that you took no steps to rectify the situation.


1: Change locks
2: call electrician
3: call the police if anyone turns up at your door


Problem sorted.

aleisha90

So lets start again. You admit that you were in arrears on the rent by 2 months. So instead of agreeing with the landlord to make payments to reduce these arrears in order to keep your home you accused him of cutting off your electricity supply is this right? You then rang the council who is not your electricity supplier to ask them to find an electrician for you to reconnect your supply but the council is not your landlord or your electricity supplier so what did you expect them to do?


Hang on a minute... So im accussing them of cutting the electrics, the fact the next day we receive a handwritten letter saying we believe you have vacated the property... does not seem strange to you?? We got in touch with our energy suppliers and they told us the landlord need to rectify the issue... We have photo evidence of what they have done. So no it isnt just accusations.. I have a key, my partner does and the landlord does... Like i said if we just wanted to p around and stay in arrears why would WE disconnect our electric we would just continue to live there??? They have a motive to do so because we was in arrears. Also the reason my rent was in arrears because my brother had passed away and i had to help pay funeral costs... I spoke to the landlord and explained, he understood and we was making the arrangement to pay him when my cheque cleared... so as for ignoring the situation, i didnt.

aleisha90

Why should i pay an electrician for what they did.... when it is their respnsibility to make the home livable. The fact they leave tenants without utilities when it is all electric. We had ben in touch with the police as well as the housing officers, and environmental health each said we have to give landlord reasonable time to rectify the issue. They had numerous chances arranged by us or the council which they refused to do so. They lied to us on many occasions, saying the electricianfound no fault, then another time they wanted us present to pay for the repair... but if there is no fault what repair are we paying for???