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landlord threatening to evict me, but wont follow laws

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Comments

  • m0bov
    m0bov Posts: 2,730 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Banging on the window is harassment so I would hope local police could deal with it. OP could get a local handy man to change the locks.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    m0bov wrote: »
    Banging on the window is harassment so I would hope local police could deal with it. OP could get a local handy man to change the locks.



    That's far too simplistic.


    Firstly any report of harassment would need to be investigated, the OP would need to be willing to go to court (which I suspect they aren't) and the police would need to provide enough evidence to convince the CPS that it passes both parts of the test. Then it needs to go to court, which again takes a while; and finally the court needs to be convinced.


    So yes I agree the police should be able to deal with it, but that is the reality of policing.


    As for changing the locks, it's a ten minute job - youtube it.
  • m0bov
    m0bov Posts: 2,730 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If someone is banging on my window...999.....simples.


    Any updates from OP?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    m0bov wrote: »
    If someone is banging on my window...999.....simples.


    Any updates from OP?



    Yes ofcourse, but without being funny what do you think happens when the police turn up?


    First they need to identify a potential offence - ok harassment could be made out, if the victim identifies two or more instances.


    But then you need necessity to arrest - which is unlikely to be made out.


    So you arrange a Voluntary Interview.


    Do the interview, prepare the file for charging decision. CPS take 4 weeks to decide as it's low priority and no custody clock to run down...


    See what I mean?
  • joshkz
    joshkz Posts: 10 Forumite
    Fourth Anniversary Combo Breaker First Post
    edited 24 February 2020 at 1:43AM
    hey,I didnt post on this for a while, I thought it had been resolved,but now i`m back to square one, just looking at the last few messages, the police are not interestead and do nothing, they just say "civil matter" , it doesnt matter what i say, then they keep asking if i`ve paid the rent, i have no rent arrears, my last talk to my landlord went like this 
    landlord "you owe me £10,000 for having rent arrears in 2018, i want you out "  me "ye right" i close the window,he starts banging it hard again,    shelter advised me to get a solicitor,so i rang some, no one wants to help, "not my area", I cannot believe no one will help me or knows what to do, i came across a form n16a to get an injunction to stop harasment off a landlord, but no one knows how to use it.....i asked......shelter, the council,this is insane.    .... I`ll try some more tomorrow, but i dont expect anything, and the council hav`nt rang me back for a week...I`m pretty upset though i`m going away for a few days soon, and i changed the locks as people suggestead and reinforced the door hangers.     

     I think before long i`ll be screaming in this stupid landlords face ,which will definatly scare him for a time, i had an argument with him 6 wks ago, where i raised my voice a bit,he seemed really scared tbh, like he thought i`d hit him, then 10 mins later started going on about dragging me out the flat and evicting me if i didnt do what he wanted, i really want to move now, but dont have the finances, and i dont see why i should be rushed, when he wont even write a section 21, ridiculous situation, I`m just avoiding him at all costs atm, got back saturday night he was outside building i turned my bike round and rode other way, he didnt say anything and i`ve blocked all his numbers on my phone,
    Josh
  • FreeBear
    FreeBear Posts: 18,306 Forumite
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    edited 24 February 2020 at 1:23AM
    joshkz said: I cannot believe no one will help me or knows what to do, i came across a form n16a to get an injunction to stop harasment off a landlord, but no one knows how to use it.....i asked......shelter, the council,this is insane.    ....
    Have a look to see if you have a local community law centre - https://www.lawcentres.org.uk/ - You may find something similar in your area operating under a different umbrella organisation. 

    Any language construct that forces such insanity in this case should be abandoned without regrets. –
    Erik Aronesty, 2014

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    joshkz said:
    hey,I didnt post on this for a while, I thought it had been resolved,but now i`m back to square one, just looking at the last few messages, the police are not interestead and do nothing, they just say "civil matter" , it doesnt matter what i say, then they keep asking if i`ve paid the rent, i have no rent arrears, my last talk to my landlord went like this 
    landlord "you owe me £10,000 for having rent arrears in 2018, i want you out "  me "ye right" 
    So do you owe that much in rent arrears?
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • notrouble
    notrouble Posts: 203 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    edited 24 February 2020 at 10:33AM
    So just to get up to date:
    * have you now got the LL's address. Provided to you in writing?
    * if not, are you still paying rent? Why?
    * have you been in to the police station and demanded to see a senior officer if your initial complaint is fobbed off? Have you obtained a crime number?
    * what communication have you had with the council? With who? EH? PTO? What have they said /done?
    * Are you recording the date/time of each instance of harrassment/window banging/verbal threats? How many instances have there been in total?
    * have there been instances where you are fearful eg threats of violence? What action did you take and with what result?
    * have you now got evidence (eg photos, witness statements etc) that he does not live with you? ie you are a tenant not a lodger? Or have the council confirmed this in your discussions? Oh! and do you claim single person discount on council tax - ie only you living there?
    * I gather you've now changed the locks - well done!
    As for the threatened eviction, since you've not had a S21 or S8 and court possession order, it would be illegal, so
    1) ignore.Do not respond or get into discussion
     2) if he tries to physically evict you eg breaking your lock to gain access/remove your possessions, call 999. Criminal offence. Quote the Protection from Eviction Act 1977   and Breach of the Peace, and Breaking and Entering.


  • As others have said, it will only become a criminal offence if and when he tries to carry out the eviction. As soon as he tries to break in to get you out, you call 999 and they'll send the police on blue lights as they'll treat it as a burglary in progress.

    If he's dumb enough to think he's in the right and within the law, he should still be there doing it when they arrive so they'll see what he's doing and arrest him.
  • joshkz
    joshkz Posts: 10 Forumite
    Fourth Anniversary Combo Breaker First Post
    iam no they will not, 1000`s of people get evicted by the police yearly, illegally.you can google it.
    notrouble, no i cant get his address neither can the council.    i`m paying the rent so i can show a new landlord i`ve paid it...
    csg i owe nothing in rent arrears as i said , he thinks he can fine me 10,000 for when i was in arrears!  keeps going on about should of paid fees cuz was late in rent.

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