landlord threatening to evict me, but wont follow laws

joshkz

Hi, I noticed others posted landlord problems on here , so I hope thats ok.....
my landlord has always been somewhat rude, when i first moved in ,some wires were hanging out the wall ,i complained he told me to "dont be stupid" they were 240v wires too......hes a bit of a twit.
But anway this year,hes kept banging on my windows when he wants something,ie a flat check or to ask me to do a favour....
I got fed up of it, sometimes it would be daily, I kept complaining to the council who kept tellinghim to stop , he wont, and thinks it isnt illegal...he lies a lot , to the council too, says he lives in my building, he does not. also lies about other things trying to make me look bad to them.........I do not have his address as he wont give it me, i`m disabled and its become almost impossible to find a place to live unles its next to a drug addict or in a very bad area, but i live in a good area and only have to put up with only 1 drug addict.........

But my main point is at the end of last week i got fed up of the window banging, and texted him about a dozen times telling to stop it , and cant do flat check as still not well .... a few days later he came round, says hes done and i have to leave in a month and thats the law,i know its not, i keep ringing shelter, who keep saying "ring the police or council if he tries to evict you, he needs to give 2 months notice" i have been dealing with the council and emailed them 5 days ago it about him threatening to evict me, they arent replying now, they used to, and i also tried to get the police involved who just say its a civil matter,i dont believe these people will help if he tries to evict or change the locks on me, its all very well saying its illegal to evict someone without a section 21, but who is going to arrest him and press charges? i cannot find anyone to help me. words about law mean nothing unles someone will take action.I mean if i`m evicted who do i go to ? a private lawyer? i cant afford that......

about 6 yrs ago, he evicted someone,i saw all their possesions outside. so i`m a bit worried....but maybe i can change his mind.....he threatened to evict another tenent last month too......then chamged his mind.hes never done that before......i wish i could find somewhere else decent to live but i spent 18 months doing that a couple of yrs ago...... most landlords do not want people on sicknes benefit.and ones that do, offer terrible places i`ve been there and done it.

Josh

[Deleted User]

I know its easier said than done. Try to take a step back and take a more 'game' view of what's going on. Ignore the window tapping. He knows it works, that's the pay off.., so stop making it worthwhile to do. He should be giving 24 hours notice before an inspection. Or open the door, tell him you did not have 24 hours notice and close it again. I used to go to the door and tell my LL I was just on my way out, please give notice next time. I tried to not let my anxiety show even though he had me in pieces numerous times (I am sure this board got sick of me posting at the time lol).

But to allow us to help you can we establish if you have a tenancy or not. Is your place self contained with no shared facilities? Obviously this is why the LL is trying to say he lives on the premises as that makes you a lodger with less protection, rather than a tenant.

Equally important, are you still in the fixed term period of your tenancy or periodic? If in fixed term, he can't evict you til its complete.

Even in periodic, you are correct, he has to give you two months notice (with a S21). The only way he can legally evict you is through the courts. He then has to go to the courts after the two months notice, after serving a S21, and get firstly a possession order, then a bailiffs warrant to evict you. This all takes a minimum of four months even after the two months is over.

If you have rent arrears it will probably be a lot easier to evict you. Do you have any arrears?

If you have a disability, it is likely the council will start taking notice once you have been served a S21.., but probably won't offer you anything until you are actually evicted. And then it will be emergency accommodation, and could be in a different area, depending on how your council handles these situations. One way to protect yourself is to make sure you have all your paperwork prepared demonstrating you need a certain type of accommodation (and in a safe place). Get doctors letters prepared etc. By the time I was evicted, I had all my ducks in a row and we ended up in a two bed council property as emergency accommodation rather than the council's usual one room hostel accommodation (I had two disabled children).

Other relevant questions. Did you pay a deposit? Was the deposit protected? Is it still protected. It will be very difficult /impossible for him to evict you legally if he hasn't protected the deposit unless he gives you the deposit back before issuing a S21. If he doesn't, any S21 is not valid.

But I take on board you say he won't necessarily evict you legally. If he has threatened to evict you without going through the legal process, he will be in big trouble.., and it will cost him. Do you have any friends you can leave valuable stuff and copies of important documents just in case something happens? I would also advise recording any conversations you have with him. Amongst your important documents left with a friend keep receipts for furniture etc, and photos. Just in case.

https://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction I hope this helps. Phone Shelter and get advice after reading this article. They may refer you to legal help. I know its difficult, try to keep calm when talking to Shelter, they will be able to help you more easily if you are able to just keep to facts.

I sympathise, was in a similar position with an iffy LL (inspections when he felt like it with no notice, text threats of eviction when I tried to get him to do an essential repair he was supposed to do). It wasn't a pleasant experience, but three years later I am now in social housing. Its not ideal either but heaps better than the situation I was in. So stressful.

G_M

Keep a log of each and every threat. Date, time, what happened.


Don't text - write. To the address provided. Ignore textx from him (but keep them and log them).


Go in to the local police. Yes, initally they frequently refuse to act ('civil matter'), so insist on seeing a more senior officer. Refer to the Protection from Eviction Act 1977. Print off and takein the first few clauses to show them. Also make clear you fear a 'breach of the peace' if he tries to force you out and you resist (using only 'reasonable force' in your resistance).



Verbal threats can also constitute 'asault' which is a criminal offence. Assault is any behaviour that is"a threat of bodily harm coupled with an apparent, present ability to cause the harm." No actual violence is necessary for an assault - that would be assault and battery.


Make clear to the police that all the above apply, and are criminal, not civil, matters.

Comms69

joshkz wrote: »

Hi, I noticed others posted landlord problems on here , so I hope thats ok.....
my landlord has always been somewhat rude, when i first moved in ,some wires were hanging out the wall ,i complained he told me to "dont be stupid" they were 240v wires too......hes a bit of a twit.
But anway this year,hes kept banging on my windows when he wants something,ie a flat check or to ask me to do a favour....
I got fed up of it, sometimes it would be daily, I kept complaining to the council who kept tellinghim to stop , he wont, and thinks it isnt illegal...he lies a lot , to the council too, says he lives in my building, he does not. also lies about other things trying to make me look bad to them.........I do not have his address as he wont give it me, i`m disabled and its become almost impossible to find a place to live unles its next to a drug addict or in a very bad area, but i live in a good area and only have to put up with only 1 drug addict.........

But my main point is at the end of last week i got fed up of the window banging, and texted him about a dozen times telling to stop it , and cant do flat check as still not well .... a few days later he came round, says hes done and i have to leave in a month and thats the law,i know its not, i keep ringing shelter, who keep saying "ring the police or council if he tries to evict you, he needs to give 2 months notice" i have been dealing with the council and emailed them 5 days ago it about him threatening to evict me, they arent replying now, they used to, and i also tried to get the police involved who just say its a civil matter,i dont believe these people will help if he tries to evict or change the locks on me, its all very well saying its illegal to evict someone without a section 21, but who is going to arrest him and press charges? i cannot find anyone to help me. words about law mean nothing unles someone will take action.I mean if i`m evicted who do i go to ? a private lawyer? i cant afford that......

about 6 yrs ago, he evicted someone,i saw all their possesions outside. so i`m a bit worried....but maybe i can change his mind.....he threatened to evict another tenent last month too......then chamged his mind.hes never done that before......i wish i could find somewhere else decent to live but i spent 18 months doing that a couple of yrs ago...... most landlords do not want people on sicknes benefit.and ones that do, offer terrible places i`ve been there and done it.

Josh

If he illegally evicts you, call the police.


At the minute he hasn't, which is why no-one is interested.

Comms69

G_M wrote: »

Keep a log of each and every threat. Date, time, what happened.


Don't text - write. To the address provided. Ignore textx from him (but keep them and log them).


Go in to the local police. Yes, initally they frequently refuse to act ('civil matter'), so insist on seeing a more senior officer. Refer to the Protection from Eviction Act 1977. Print off and takein the first few clauses to show them. Also make clear you fear a 'breach of the peace' if he tries to force you out and you resist (using only 'reasonable force' in your resistance).



Verbal threats can also constitute 'asault' which is a criminal offence. Assault is any behaviour that is"a threat of bodily harm coupled with an apparent, present ability to cause the harm." No actual violence is necessary for an assault - that would be assault and battery.


Make clear to the police that all the above apply, and are criminal, not civil, matters.

Hi G_M sorry just want to make a point on that one - you are correct, but the threat should be immediate. In other words in person, face to face. For an assault to take place there must be a genuine fear of imminent violence. Obviously on the telephone, or from behind a locked door, there is no actual chance of imminent violence.

FreeBear

G_M wrote: »

Verbal threats can also constitute 'asault' which is a criminal offence. Assault is any behaviour that is"a threat of bodily harm coupled with an apparent, present ability to cause the harm." No actual violence is necessary for an assault - that would be assault and battery.

Make clear to the police that all the above apply, and are criminal, not civil, matters.

Also see the Protection from Harassment Act - There is a section that covers criminal harassment which the police should do something about.
Do you have gas heating ?
If so, are the inspection certificates up to date ?
If not, the LL has committed a criminal offence so report him to the HSE and council.

TBagpuss

The police are correct that the threats to evict you are a civil matter.

The banging on the window etc may amount to harassment, which can be a criminal matter.

You would need to report those incidents to the police and explicitly state both that you consider it is harassment, and that you have expressly asked the landlord to stop. State explicitly that you want it to be logged as harassment (which should result in you being a crime refernce number).

You will then ned to report each new incident when it happens - harassment is defined as 'as course of conduct' which usually mean that thpolice ned 2 or 3 separate reports before they can take action. The action they can take would start with a verbal warning and escalate from there, so you would need to continue to report evey time something happens.

If you haven't already doen so, write to your landlord (or text if you have not address) expressly stating that he must stop harassing you by banging on your windows, coming to your home except after giving appropriate notice in accordance with the terms of your tenancy, or makes threats to you including threats of eviction, and that tyou will consider any of those actions to be harassment and will report them as such to the police.

Keep a copy and proof of posting (or a copy of the text)

This allows the police to see that he has been expressly wantred that his behaviour is harassment, and makes it easier for them to take action.

Regarding his threats to evict, as I understand it heneeds to issue a proper notice, and until he does that, ignore him (other than to keep copies of anything he sends you and notes of anything he says)

TBagpuss

Did you pay a deposit, and if so, have you checked that it was protected as required?

Do you have mains gas? If so, was there a valid gas safety certificate when you moved in and has it been undated annually since?

Leggitte

I am surprised that no one has advised you to change the locks yet.

G_M

Leggitte wrote: »

I am surprised that no one has advised you to change the locks yet.

Don't know why but I'd just asumed that had been done. Yes with a landlord like that it's a no-brainer!

https://www.youtube.com/watch?v=VXAo7zSN-9o

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

the threat should be immediate. In other words in person, face to face. For an assault to take place there must be a genuine fear of imminent violence.

Agree absolutely. I was over-focussed on the fact that many people assume if no blow has been struck there is no assault, whereas as you rightly say, if you fear a blow is about to be, or may be, struck, that is a assault.

So to sum up

Breach of the Peace
Protection from Harassment Act 1997
Protection from Eviction Act 1977
Assault

All criminal matters the police should respond to, which may become relevant.

joshkz

Hi,
Thanks for your replies,

Deanna, it gets more than window tapping,he bangs it really hard if he hears me in the kitchen, sigh, but the council couldnt make him stop it. must of rang him 4,5 times about it too. Sorry you had a bad landlord too.
Yes its a private flat no shared facilities, i have 2 bedrooms ,kitchen, bathroom,living room,all for my sole use. Its a standard shorthold tenancy agreement , it runs out on the 12th of nov. He seems to think as hes told me to leave on the 21st of oct, I have to leave in one month "thats the law" he says, i`ve heard him say to other tenants that he has the right to have people in to see the flat before they leave too "thats the law", more lies.

What you said about him pretending to live on the premises so he can call me a lodger with less protection,i think you`re right, i looked at the last contract and on the first page after my address it says "flat 3....my address...1 room only" I only noticed he wrote that today. I am worried that he wrote that, he is definetly trying to make out i`m a lodger writing that imo, tho i`m not sure on how lodging works.....

how can i prove i`m not a lodger?......my first contract 2013, just had my address, it doesnt say anything about rooms.... I can only find 2 contracts atm, none have his address on, i find myself thinking,how can he file a section 21 without his address on it..he keeps telling the council that he lives here,i keep telling them he doesnt, they believe me, but cant find his address,too many people with same name in the area they said.... I did look up the deed for the property, it says his name for the purchase,but just this address. I have his phone number , surely the police could find him from that? my biggest worry is he`ll get baylifs in, or similar, then i`ll have to get a Form N16A to try get back in and they wont be able to do anything as i dont have an address.

I have no rent arrears, tho he did lie to the council saying i owed 2000 at one point, they didnt believe that either......

He had the gas fixed earlier this year, but didnt do a proper service.....gas guy said he had to go and didnt have time,and i didnt want the landlord back in again,he always insists on being here when they come to fix it, my gues is hes trying to learn how to do it himself off the repair guy,i hear him asking questions.....its been this way for yrs..my other landlord always just sent someone out on the their own... he actuallyt didnt do a gas service for 3 yrs at one point, said to me when i rang him after 3 yrs "its got no servicable parts" which annoys me

I did pay a deposit 475, but he didnt put it in a scheme, i used to tell him i`d take him to court for that when he`d upset me, at 1st it worked. doesnt now.
I also know i could withold rent until he gives me his addy by law aparently, but i dont think that would make him change his mind about evicting me...
I will ring the police if he evicts me,but i dont believe they `ll do anything.ive rang them for a few things about landlords, never listen,just say "its a civil matter, have you paid the rent?" another flat i rented , the landlord added a new lock to the door,but didnt give me a key yet,i was stuck outside, the police would not do anything.I have no faith in them

ok one last thing,2 people said, change the locks? i thought that wasnt legal unles i gave him keys?

I`ve sent a card to make up with the landlord,saying sorry,i dont want to stay that much longer but the threat of eviction is upsetting sometimes,

Josh