Any idea of my legal rights with this, if any....?

MonaLisaSmile

Just wondering if anyone might know where I stand with all this legally.
To be as brief as possible: I have the most vile landlords. Renting a one-bed flat in London. I only agreed to the let because I was told the flat’s available long-term and as a mature woman with her own furniture and with health issues, I’m not looking to keep upping and moving every year. I’d been living here 3 days when the creepy letting agent called me to say he was bringing some people over that afternoon to view the flat as the landlord is “vaguely considering selling.” It turned out the flat was up for sale all along, even as I was signing the lease.
Since then letting agent has constantly been calling me to arrange to bring over various buyers to view the flat. When I explained I’m not willing to have people traipsing in and out of my flat when I’m not home the letting agent began using expletives and saying he has keys to my flat and will use them whenever he wants.
On 2 occasions now I’ve had people simply let themselves into my flat unannounced, having been given sets of keys by the letting agent. Once I was naked and in the shower.
The lease started out as a 12-month Assured Shorthand Tenancy, and then after a year it became a periodic month to month tenancy.
The landlord is aware of the situation. When I complained, the landlord sent me a Section 21, expiring 1st November.
I’ve given notice that I’m leaving on 20th October as I have a new, decent home to go to.


However, today I’ve had a Section 8 Notice To Quit served on me, claiming that in the past my rent has sometimes been paid late. The Notice states that I must leave in 2 weeks — ie by 25th September — or be taken to court for a possession order.

Given that I am already leaving on 20th October, how does this work? It seems likely that any court date would be listed AFTER 20th October when I’ve already gone?

Also the letting agent is STILL harassing me with viewings, refusing to take into account whether it’s a convenient time/day for me or not and just saying he has the legal right to enter my home using his own set of keys, without any notice, and whether I like it or not.

How can I make my last few weeks here bear-able and sane? What are my rights legally with regard to people just forcing their way in?

hazyjo

What does your lease say re viewings? Prob mentions 'reasonable notice' and 'convenient times'. You are quite within your rights to give a couple of block slots like 'Wednesday from 4-8pm or Saturday 12-4pm' (as examples).


Change the locks (easy enough to change the barrel). Change it back when you move.


Refuse to speak with them on the phone and only deal in writing (inc text, email or whatever suits).


Have they protected your deposit?


PS Has your rent been late?

sal_III

First of all, no amount of notices and what not from the LL/LA can evict you from your home. Only the court can. The process takes months, and costs ££, so I would ignore any threats by the LL if you have already planning to move out on 20.10 on your own volition.

Regarding the illegal entry in your home I would complain in writing to the LL and LA and refuse any future viewings since they act in bad faith. Change the locks NOW and return the old locks on checking out. It's relatively cheap and can be DIY if not by you, by a semi-competent friend/relative DIYer. Ignore if there are any clauses in the tenancy agreement forbidding you from doing so. As long as you return the original locks and don't cause damage to the door, while swapping you are good.

MonaLisaSmile

hazyjo wrote: »

What does your lease say re viewings? Prob mentions 'reasonable notice' and 'convenient times'. You are quite within your rights to give a couple of block slots like 'Wednesday from 4-8pm or Saturday 12-4pm' (as examples).

Given what !!!!!!!s they've been do I have to give access for viewings at all. I don't care at this point if I come across as an unhelpful person. What happens legally if I just refuse and say 'enough is enough'?

hazyjo wrote: »

Have they protected your deposit?

. Yup, and that wouldn't really affect anything in terms of the ongoing harassment would it.

hazyjo wrote: »

PS Has your rent been late?

. It's been a couple of days late before but I'm unclear how that makes any difference now given that I'm already moving out in just a few weeks.

Bossypants

Change the locks, keep the old ones aside to return when you move. Do not give agent a key, continue to pay your rent on time, and ignore any further attempts at harassment from the agent or landlord while you quietly pack your things ready to leave in October.

MonaLisaSmile

sal_III wrote: »

First of all, no amount of notices and what not from the LL/LA can evict you from your home. Only the court can. The process takes months, and costs ££, so I would ignore any threats by the LL if you have already planning to move out on 20.10 on your own volition.

Regarding the illegal entry in your home I would complain in writing to the LL and LA and refuse any future viewings since they act in bad faith. Change the locks NOW and return the old locks on checking out. It's relatively cheap and can be DIY if not by you, by a semi-competent friend/relative DIYer. Ignore if there are any clauses in the tenancy agreement forbidding you from doing so. As long as you return the original locks and don't cause damage to the door, while swapping you are good.

Good, solid advice -- thank you.

I don't have experience of eviction but from what I've read online it sounds like it would be unlikely if not impossible for the letting agent to get any court to evict me prior to my already agreed move-out date of 20th October.

I have changed the locks now but the letting agent doesn't know that. When they next try to let themselves in without notice, they'll see that their keys no longer work.

G_M

First, change the locks. Easy and cheap to do.See utube below.

Next, you do NOT have tomove out on 25 Sept. Only whn a court orders you to.

I assume the S8 Notice is either ground 10 and/or ground 11? Both are discretionary and I doubt the judge would grant a possession order for the LL if rent is currently up to date and given that you've already given notice.

Assuming as you say that it gets to court before you move out.....

Have you in fact been regularly late with rent?


https://www.youtube.com/watch?v=LA580cRHXDY


https://www.youtube.com/watch?v=7VHm_QhWlMQ

How much rent arrears are there?

MonaLisaSmile

Bossypants wrote: »

Change the locks, keep the old ones aside to return when you move. Do not give agent a key, continue to pay your rent on time, and ignore any further attempts at harassment from the agent or landlord while you quietly pack your things ready to leave in October.

If they go ahead with this "the rent has been late before in the past" thing -- is it likely they could get this into court prior to 20th October?

Bossypants

MonaLisaSmile wrote: »

Yup, and that wouldn't really affect anything in terms of the ongoing harassment would it.

No, but having it protected makes it harder for them to punish you financially for being 'difficult' once you're out.

Having said that, make sure you keep any check-in inventory they gave you when you moved in, and take photos of EVERYTHING when you move out. You want to make sure you have a watertight case to take to the tribunal if they try to unfairly dock your deposit.

Bossypants

MonaLisaSmile wrote: »

If they go ahead with this "the rent has been late before in the past" thing -- is it likely they could get this into court prior to 20th October?

No, and besides, they are unlikely to try. Going to court is expensive and they know you are moving anyway (you have told them this, right?). They are just trying to scare you into letting them bulldoze your rights.

MonaLisaSmile

G_M wrote: »

First, change the locks. Easy and cheap to do.See utube below.

Next, you do NOT have tomove out on 25 Sept. Only whn a court orders you to.

I assume the S8 Notice is either ground 10 and/or ground 11? Both are discretionary and I doubt the judge would grant a possession order for the LL if rent is currently up to date and given that you've already given notice.

Assuming as you say that it gets to court before you move out.....

Have you in fact been regularly late with rent?


https://www.youtube.com/watch?v=LA580cRHXDY


https://www.youtube.com/watch?v=7VHm_QhWlMQ

How much rent arrears are there?

I don't have any rent arrears. The rent has been a week late on two occasions in the past.

A colleague said it's very unlikely a Section 8 application would even be assigned a court hearing date any sooner than 5 weeks after the Section 8 notice period expires. So it's odd that they are wasting their time with this.