Landlord not following legal notice?

swingaloo

It would be illegal for the landlord to break in to the property whilst you have a valid tenancy.

GDB2222

swingaloo said:

It would be illegal for the landlord to break in to the property whilst you have a valid tenancy.

That’s my point. Perhaps I put it badly. If the landlord is going to break in illegally, the locks don’t make any difference. 

artyboy

And as we have already seen on here, it does happen. It doesn't help when the police turn out to be as useful as a chocolate teapot...
 
https://forums.moneysavingexpert.com/discussion/6526461/help-to-take-landlord-to-court-for-illegal-eviction#latest

AJM1984

I'm optimistic it won't come to anything as drastic as that. That situation sounds absolutely horrendous!
I'm hoping our LL has the capacity to understand and adapt to her legal obligations once enlightened. We've been very passive and amenable tenants for so long (our patience and understanding being misconstrued as stupidity, perhaps) that I do wonder if she's being opportunistic... but out of fear. I understand it's all about the money and she must be feeling panicked about her mortgage rates shooting up. I don't know her well enough to understand how that would impact her conscience in regards to illegal eviction though. 

It did occur to me last night that she had previously mentioned that raising our rent by £500+ a month wouldn't cover her projected costs. This prompted me to check our contract to make sure she can't dramatically raise our rent to smoke us out. Thankfully, she can't. Our AST converted automatically to a Contractual Periodic Tenancy with a Rent Review Clause capped at 5.5% ignoring all other factors.

Only time will tell what the LL decides to do going forward.

RHemmings

GDB2222 said:

swingaloo said:

It would be illegal for the landlord to break in to the property whilst you have a valid tenancy.

That’s my point. Perhaps I put it badly. If the landlord is going to break in illegally, the locks don’t make any difference. 

Not even a tiny bit of difference? I would expect that a few landlords who are acting out of ignorance not malice may be stopped by changed locks. As they may have to get a locksmith in, and that may give a bit more time. 

propertyrental

GDB2222 said:

AJM1984 said:

GDB2222 said:

Is there any reason to believe that the landlord would try to evict you illegally?  

I don't know yet. It all depends on how she acts going forward. If she starts harassing us to sign her notice, I might suspect that she'd resort to illegal eviction. I'm going to try and gauge attitude, if I'm able. She's been very, very pushy in the past. Sometimes we felt that if we didn't accommodate her wishes something bad would happen. Statements in messages starting off with "YOU HAVE TO" etc. The general vibe at the moment is ignorant desperation. She insists the house is sold. It's still online for sale with a sign outside. Something feels very off. For a while she insisted she'd be giving us seven weeks notice. I thought it was just an absent-minded, innocent mistake during conversation but our 'notice' proves otherwise. It's been a calculated decision but I'm unsure as to why. 

\\\\\ If you are not home, she can just break in, whether or not you change the locks. 

  

The difference is, if she uses a key, then at worst she's committing trespass which a civil matter, not criminal (Though may fall under the Protection from Eviction Act).

If she breaks in without a key, that's breaking and Entering, which IS a criminal offence.

GDB2222

propertyrental said:

GDB2222 said:

AJM1984 said:

GDB2222 said:

Is there any reason to believe that the landlord would try to evict you illegally?  

I don't know yet. It all depends on how she acts going forward. If she starts harassing us to sign her notice, I might suspect that she'd resort to illegal eviction. I'm going to try and gauge attitude, if I'm able. She's been very, very pushy in the past. Sometimes we felt that if we didn't accommodate her wishes something bad would happen. Statements in messages starting off with "YOU HAVE TO" etc. The general vibe at the moment is ignorant desperation. She insists the house is sold. It's still online for sale with a sign outside. Something feels very off. For a while she insisted she'd be giving us seven weeks notice. I thought it was just an absent-minded, innocent mistake during conversation but our 'notice' proves otherwise. It's been a calculated decision but I'm unsure as to why. 

\\\\\ If you are not home, she can just break in, whether or not you change the locks. 

  

The difference is, if she uses a key, then at worst she's committing trespass which a civil matter, not criminal (Though may fall under the Protection from Eviction Act).

If she breaks in without a key, that's breaking and Entering, which IS a criminal offence.

It’s definitely a crime either way. The police training probably doesn’t extend to landlord and tenant law, so you are right that the average policeman is more likely to recognise breaking and entering as a crime than illegal eviction as one

propertyrental

GDB2222 said:

propertyrental said:

GDB2222 said:

AJM1984 said:

GDB2222 said:

Is there any reason to believe that the landlord would try to evict you illegally?  

I don't know yet. It all depends on how she acts going forward. If she starts harassing us to sign her notice, I might suspect that she'd resort to illegal eviction. I'm going to try and gauge attitude, if I'm able. She's been very, very pushy in the past. Sometimes we felt that if we didn't accommodate her wishes something bad would happen. Statements in messages starting off with "YOU HAVE TO" etc. The general vibe at the moment is ignorant desperation. She insists the house is sold. It's still online for sale with a sign outside. Something feels very off. For a while she insisted she'd be giving us seven weeks notice. I thought it was just an absent-minded, innocent mistake during conversation but our 'notice' proves otherwise. It's been a calculated decision but I'm unsure as to why. 

\\\\\ If you are not home, she can just break in, whether or not you change the locks. 

  

The difference is, if she uses a key, then at worst she's committing trespass which a civil matter, not criminal (Though may fall under the Protection from Eviction Act).

If she breaks in without a key, that's breaking and Entering, which IS a criminal offence.

It’s definitely a crime either way. The police training probably doesn’t extend to landlord and tenant law, so you are right that the average policeman is more likely to recognise breaking and entering as a crime than illegal eviction as one

Yes illegal eviction is a crime, but whether simply entering with a key falls within the Protection from Eviction Act would depend on precise circumstances. It may do (as I said), but the LL might have (or claim to have) other reasons for entering.

AJM1984

Afternoon all,

Just wondering if anyone knows what happens regarding court costs and legal fees if we end up staying in our home despite a valid Section 21? We haven't received one yet but believe it to be imminent as the LL has started throwing the word around in messages. Still not sure why she tried to demand July 1st when, apparently, she's well aware of what she needs to do and legally provide.

We're still waiting to hear back from Nationwide regarding our house purchase. Offer accepted in Feb, DIP agreed same day. All conveyancing done and awaiting final signatures from both parties. Homebuyer's survey complete. Just the valuation seems to be taking weeks and we're expecting it to fail at this hurdle, unfortunately. Our MA says it's all green lit pending valuation and their people just don't seem to be alive and responding.... The tension and stress is unbearable.

So, if we try to push past a valid Section 21, wait out the next two months, and then the LL starts to initiate Court action... Will that be something we'll begin to lose finances on immediately? As an example, if we push beyond 2 months, wait for a hearing date but then leave before it gets that far, will we still be looking at legal costs? Any other costs to consider also?

Sorry for the daft question, I've just never been in this position before. 

GDB2222

AJM1984 said:

Afternoon all,

Just wondering if anyone knows what happens regarding court costs and legal fees if we end up staying in our home despite a valid Section 21? We haven't received one yet but believe it to be imminent as the LL has started throwing the word around in messages. Still not sure why she tried to demand July 1st when, apparently, she's well aware of what she needs to do and legally provide.

We're still waiting to hear back from Nationwide regarding our house purchase. Offer accepted in Feb, DIP agreed same day. All conveyancing done and awaiting final signatures from both parties. Homebuyer's survey complete. Just the valuation seems to be taking weeks and we're expecting it to fail at this hurdle, unfortunately. Our MA says it's all green lit pending valuation and their people just don't seem to be alive and responding.... The tension and stress is unbearable.

So, if we try to push past a valid Section 21, wait out the next two months, and then the LL starts to initiate Court action... Will that be something we'll begin to lose finances on immediately? As an example, if we push beyond 2 months, wait for a hearing date but then leave before it gets that far, will we still be looking at legal costs? Any other costs to consider also?

Sorry for the daft question, I've just never been in this position before. 

It’s not a daft question at all, but I answered it further back in this thread- 11 May.

In practice, it costs the landlord far more to get the ball rolling with eviction than she can possibly get back from you. So, I suggest that you keep her informed about how you are proceeding with your house purchase, in which case she may not start the court claim at the earliest moment.