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Help Needed - Possible Eviction

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 2 September 2019 at 7:52PM
    From his actions, I suspect this landlord either does not know the law regarding evictions, or knows but plans to ignore.

    Refusing to accept rent owed is

    a) stupid (not going to go down well with a judge in an eviction hearing! Keep evidence.)
    b) strongly suggestive that the LL is going to try to take unilateral action ie not going to court.

    CHANGE THE LOCKS AS A MATTER OF URGENCY.

    Not just to protect against possible access tomorrow for this unwanted visit, but to protect against any attempt at unlawful eviction by the landlord.

    Have you sent the letter yet? Did you hand deliver, and/or send a copy. ie has he received it yet? Had he received it at the point when he sent back the £200 with the associated message about you needing it?

    ps: if your front door has 2 locks, change them both. Also change the back door lock..........


    edit:I don't wish to alarm, nor be too pessimistic, but it is well for you to be prepared for the worst case:
    If the LL attempts to enter the property against your wishes, or attempts to evict you without first going to court
    * you can use 'reasonable force' to remove him from your home (after first telling him to leave. Yes, 'telling' not asking), If he does not leave
    * you should call the police to tell them you are doing this. Tell them
    a) there is an illegal eviction in progress 'contrary to the Protection from Eviction Act 1977 ', and
    b) there is a 'Breach of the Peace' by the landlord

    Both the above are criminal offences. Often the police claim housing disputes are civil matters so not their concern. Make sure they understand these are criminal matters.
  • Marvel1
    Marvel1 Posts: 7,504 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    justjohn wrote: »
    the LL wants you out . the facts are sooner or later you will be evicted if that is what the landlord decides that's what he wants.(we do not yet live in a communist state that demands an LL should do X with his property)


    I have never been a tenant, however I have been an LL. I just do not understand why tenants do not just move on.


    Life is a lot easier just finding somewhere else than fighting a LL via court or dragging your heals.

    True, but this stupid !!!! of a landlord seems to think a text saying out by 15th September is enough.
  • JohnCD95
    JohnCD95 Posts: 25 Forumite
    edited 2 September 2019 at 8:00PM
    Okay, so following G_Ms advice I delivered a letter to his house (His address he put on the tenancy agreement). In the window there was an elderly couple, so I decided to knock and ask for the LL.
    Turns out that's his Wives parents address lol.
    I gave them the letter to give to him.

    I have also sent an E-Mail.
    Awaiting a reply.

    He came round to my house knocking and banging on the window.
    I spoke through letter box and said I told you a visit this week is inconvenient. He proceeded to shout and neighbours actually came out. He told them he wanted us out because we are in arrears :rotfl: he failed to mention I actually sent the remaining arrears to him.

    !!!!!!.
    What a guy.


    EDIT:
    Me and my wife have already been looking at other places, we have booked a few viewings.
  • Marvel1
    Marvel1 Posts: 7,504 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    JohnCD95 wrote: »
    He came round to my house knocking and banging on the window.
    I spoke through letter box and said I told you a visit this week is inconvenient. He proceeded to shout and neighbours actually came out. He told them he wanted us out because we are in arrears :rotfl: he failed to mention I actually sent the remaining arrears to him.

    :eek:

    He clearly has no idea what is he doing, do what G_M advises in post 32 tomorrow.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 2 September 2019 at 8:38PM
    JohnCD95 wrote: »
    ....... He proceeded to shout and neighbours actually came out. He told them he wanted us out because we are in arrears :rotfl: he failed to mention I actually sent the remaining arrears to him.
    Do you know the neighbours? What are they like. Even if you don't, for the sake of diplomacy, it might be worth knocking on a few doors

    " I'm so sorry my landlord was so aggresive and made such a disturbance. Quite unnecessary as I have paid the arrears and my rent is up to date. I don't understand his problem.

    It's always a good idea to have the neighbours on your side!

    I delivered a letter to his house (His address he put on the tenancy agreement).....
    Turns out that's his Wives parents address lol.
    I gave them the letter to give to him.
    Quite right. If that is the address provided, then that is where you send formal post. The courts will consider that you have delivered it to him.
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    isplumm wrote: »
    Why should a tenant move on - blooming heck - the OP is now not in arrears - so as long as he keeps paying, he cannot be kicked out until the contract finishes in December-19 and even then I suspect LL would need a S21.

    Mark

    But he will still get put out as soon as LL sorts out red tape. He still going to have too leave. All be it after December.

    Sorting the arears just gives LL one less excuse to evict.
  • davemorton
    davemorton Posts: 29,084 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Car Insurance Carver!
    Presume the deposit is protected and all gas etc. inspections are up to date also?
    “Quis custodiet ipsos custodes?”
    Juvenal, The Sixteen Satires
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    davemorton wrote: »
    Presume the deposit is protected and all gas etc. inspections are up to date also?

    Even if not up to date. bit of compo at best and prolong eviction. Tenant will still be evicted. Life's just too short.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    justjohn wrote: »
    Even if not up to date. bit of compo at best and prolong eviction. Tenant will still be evicted. Life's just too short.
    Not sure where you are coming from. Yes, when fixed term ends the LL can evict (assuming he follows legal procedure which at present he shows no signs of doing!).

    But the OP's issue is now. Dealing with a LL who is threatening illegal eviction.

    OP has already said he's looking for alternative accommodation, which is wise, but in the meantime he needs to understand his rights, and know how to respond to this Rackman-style landlord (google it if you're too young to remember!).
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Well all he needs to do is call the police as it's harassment. Sooner or later LL will follow procedure
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