What recourse do I have against bad landlords

moneysavinmonkey

tbs624:
you have the nail on the head.. perhaps I'm not as objective as others on here in this matter, I have had that feeling of sitting in your house wondering if someone is going to come in at any minute - even if they have only popped round once of twice unannounced the seed of doubt is there - it is a horrible thing to go through - so I know that the advice simply to write a letter is somewhat unsatisfactory. Having said that I agree that the OP should definitely do this first along with getting help from council tenancy support officer. I really hope that sorts it out.

Tozer

moneysavinmonkey wrote: »

What methods have I suggested which are childish or achieve nothing???
As I have said previously I have been in a similar situation myself and took advice from local council tenancy officer, CAB + shelter. They all advised I could change the locks if I felt unsafe.

This is clearly harassment as the Landlords actions are making the OP want to leave their accommodation and live somewhere else!!! This is a criminal matter.... see the Protection from Eviction Act



http://www.direct.gov.uk/en/HomeAndCommunity/Keepingyourhomeevictionsandhomelessness/LosingYourHome/DG_10014595


Also see shelters advice:



I don't understand why, if you are such a good landlord that you say you are, would you would want to align yourself with a landlord who is acting criminally. I'm not out to personally abuse you but there are many people, both landlords and tenants, who read this website and I do not want people to go away with the impression that the behaviour of the OP's landlord is permissible.

The tax investigation is not going to help at all with the problem of the landlord letting themselves in, I don't think anyone has suggested it would. That is a separate matter for the OP if they suspect the landlord is evading tax - just happens that we rightly or wrongly suspect that any landlord that doesn't know the basics of landlords responsibilities is likely to have slipped up on their tax return too!

It is not criminal as it is not sustained as tbs624 rightly points out. Can you imagine how many prosecutions there would be if everytime there is a problem with a landlord, it goes to the magistrates?

In my years as a student, it would have been 5 prosecutions out of 5 tenancies. Actually, I took 2 landlords to court but then I was an eager law student.

When have I EVER said that it is acceptable for the LL to do what he has done? I haven't. For the avoidance of doubt, it is quite wrong and whatever non-informed view you have of me as a LL, I would not do it.

Completely perplexed as to you saying that I am siding with the LL. I am not. I'm just giving practical advice with somewhat less emotion and venom than you. Surely that is the best sort of advice.

I've sent you a PM by the way...

moneysavinmonkey

please can you show me where it says in the law that the harassment has to be sustained?? It simply says acts.... so more than one is enough!

If every single time a landlord entered a property unannounced that resulted in a prosecution then I'm pretty sure the number of times it happened would reduce dramatically, Great!!! In the real world tenants let landlords get away with it because they don't know their rights, don't have any evidence/proof, it is too much effort, or the system just doesn't want to know. The OP has said they want to stop this behaviour and specifically asked if there is someone they can report him too!!!

As a student of law, I'm sure you are aware people do illegal things all the time everyday and it doesn't make it not criminal just because it isn't prosecuted.

I'm sorry if you think I am making a personal attack on you, it is my own personal belief that tenants have very little rights in this country as it is, and I'm rather passionate about defending the ones that we do have!!! This is a consumer champion website and tenants are consumers of a particular service so I don't think my presence here is misplaced!

It has to be said I'm not particularly fond of all landlords so it's nothing against you personally!!! I know nothing about you so how could it be! From what you have said later on in this thread it sounds like you treat your current tenant well so they are lucky to have a nice one!

Tozer

moneysavinmonkey wrote: »

please can you show me where it says in the law that the harassment has to be sustained?? It simply says acts.... so more than one is enough!

If every single time a landlord entered a property unannounced that resulted in a prosecution then I'm pretty sure the number of times it happened would reduce dramatically, Great!!! In the real world tenants let landlords get away with it because they don't know their rights, don't have any evidence/proof, it is too much effort, or the system just doesn't want to know. The OP has said they want to stop this behaviour and specifically asked if there is someone they can report him too!!!

As a student of law, I'm sure you are aware people do illegal things all the time everyday and it doesn't make it not criminal just because it isn't prosecuted.

I'm sorry if you think I am making a personal attack on you, it is my own personal belief that tenants have very little rights in this country as it is, and I'm rather passionate about defending the ones that we do have!!! This is a consumer champion website and tenants are consumers of a particular service so I don't think my presence here is misplaced!

It has to be said I'm not particularly fond of all landlords so it's nothing against you personally!!! I know nothing about you so how could it be! From what you have said later on in this thread it sounds like you treat your current tenant well so they are lucky to have a nice one!

Couple of things first. I'm no longer a student of law. I've been a solicitor for 12 years.

I have also suffered with landlords - frankly, much, much, much worse than the OP. Threats, violence, intrusions... Oh, and the Police didn't want to know despite 5 co-complainants. So what are you going to do "hello PC Plod, the landlord came into my house without permission". Guaranteed they will say "Its a civil matter".

Yes, it is a consumer champion website. But it is also a place where people come for unemotive and appropriate advice. That is what I have given. I'm a fairly simple guy and I tend to think that people prefer the path of least resistance.

If a recorded delivery letter to the agents asking for the rights to be respected solves the issue, then that is what ought to be done. Hopefully then, the problems will go away. If not, it needs to be revisited.

And yes, I do think you have been making comments against me personally which is utterly inexcusable and inappropriate.

moneysavinmonkey

Tozer wrote: »

I have also suffered with landlords - frankly, much, much, much worse than the OP. Threats, violence, intrusions... Oh, and the Police didn't want to know despite 5 co-complainants. So what are you going to do "hello PC Plod, the landlord came into my house without permission". Guaranteed they will say "Its a civil matter".

Maybe it differs depending on your local police force but this is exactly what I did. Phoned local police station and said landlord has been entering property without permission, what should I do? They advised securing the property, said they could not prosecute without evidence, but next time it happened to call local station again and would try and attend if they could. (ie not a 999 emergency but if there are free they will come) I live in a very low crime area so perhaps I'm just lucky that the police had the resources to help me. They won't tell you it's a civil matter unless they are just busy and trying to fob you off or something- have we not now established that it is criminal!! Sounds terrible what happened to you and absolutely disgraceful that the police wouldn't help, especially if there was violence, totally different to my experience.

moneysavinmonkey

Tozer wrote: »

.

And yes, I do think you have been making comments against me personally which is utterly inexcusable and inappropriate.

what have I said by the way that is utterly inexcusable??

harryhound

Getting back on thread:

Am I right in thinking that to be legally enforceable tenancies have to be registered somewhere?

Anyway details of the landlord here:rolleyes::D:rolleyes:

http://www.timesonline.co.uk/tol/news/uk/article771366.ece?token=null&offset=12

Tozer

moneysavinmonkey wrote: »

what have I said by the way that is utterly inexcusable??

Example A:

The fact that you are so vehemently defending a landlord who is acting criminally in entering the OPs home, bringing someone with them and taking pictures all without permission speaks volumes about the kind of landlord you are.

I think we had better drop this issue now.

MissMoneypenny

Tozer wrote: »

Not correct. The only requirement is for the name of the landlord to be provided. Proceedings and notices can be served on the agent.

I think you will find that the law has changed. The tenants can have the LLs address if they request it and it is a criminal offence to withhold it when asked. Shelter have a piece on this but their site is down at the moment so I can't get their quote and link yet.

MissMoneypenny

Tozer wrote: »

Good. Changing the locks, even temporarily, would be a breach of your tenancy agreement.

Again, according to Shelter, it would not - unless it was written in the contract that the LL could have a key.