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attempted illegal eviction or harassment?
Comments
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greatcrested - I know what you are saying, I have a crime number and im off to the police station tomorrow afternoon to hand in the letters that I was sent and to make a statement and go from there.
The locks have been changed and have a camera coming tomorrow so I can see if he is still trying to gain access to the property.1 -
Some of this is not worth bothering about. Presumably, the guy who wants to buy had a chat with you and asked whether you would accept some money to move out. There’s nothing illegal about that. Just concentrate on the main points that really bother you.mrsgellyg said:Hello all, I hope you are all keeping well in this uncertain times.
I am in England with a periodic tenancy, no arrears. Deposit protected but incorrect info on paperwork and no gas safety certificate.
Earlier in the year, I wrote about my landlord and invalid section 21. The notice expired with no stay put on it for reactivation due to covid and I have not been given any other notices to quit. I changed the locks as advised on here due to my landlord's husband letting himself in. However, since changing the locks, the following as happened -
- accused of rental arrears when there were none
- had horrible - yet anonymous - threatening notes through my door accusing me of the rent arrears, stating that the LL thought I was the perfect tenant and now I am causing nothing but trouble and that I should agree that I am totally in the wrong, and I am responsible for what I have done and what I am doing and accept that I am totally in the wrong
- being asked by a third party what would make me move out
- turning up randomly and standing outside the house and if they see me, they move over the road to the other property they own
Because of all this, I have been looking for alternative accommodation for months and when I mentioned it to someone at work, they said it could be an illegal eviction based on the behavior. The other issue I have is that most of this is coming from the landlord's husband, not the landlord herself, who isn't even mentioned on the tenancy agreement. All this has come about due to them letting themselves in and I sent a polite letter asking them not to unless it was mutually agreed with 24 hours notice.
I'd appreciate any insight or advice on what I could do. The rental market here isnt thriving like it usually is, which is making it difficult to find a new home.
Many thanks!
I fear that the police will do no more than record your complaint, I’m afraid. A landlord saying he’s upset and disappointed is not illegal. Standing outside to intimidate you is, but it’s pretty low in the scale of things, I’m afraid.No reliance should be placed on the above! Absolutely none, do you hear?0 -
While of course, you should go to the Police if you feel threatened, the enforcement of the Protection from Eviction Act 1977 rests with the local council. In my experience some councils are excellent and some are simply awful. Fingers crossed yours is one of the good onesgreatcrested said:Report to local police so that it is on record* typically police misunderstand/reluctant to get involved in 'civil' disputes so make clear it is criminal (see below)* keep a log of incidents. Date, time, who, what* request a crime.report number. Don't call 999! go in to local station, or seek meeting with localcommunity officer. Don't get brushed off.If necessary, ask to see more senior officerSee (and quote to police) Protection from Eviction Act 19771 Unlawful eviction and harassment of occupier.
(1)In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.
(2)If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.
(3) If any person with intent to cause the residential occupier of any premises—
(a) to give up the occupation of the premises or any part thereof; or
(b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;
does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.
[F1(3A)Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—
(a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or
(b)he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,
and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.The above is a criminal, not civil, matter. This may need stressing to the police.Hopefully a community police officer would have a word with the landlord and that will be enough to make them back off.
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