What recourse do I have against bad landlords

Tozer

MissMoneypenny wrote: »

Not many houses being sold?

Not many commercial infrastructure or project finance deals being done...

neverdespairgirl

tbs624 wrote: »

For it to be held to be harassment it would probably have to be shown to be part of a sustained pattern of LL/LA behaviour,ie a combination of this & other harassing behaviour, not a one-off.

Twice can amount to harrassment, though.

tbs624

Tozer wrote: »

.....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 as we've already said not all the facts about the OP's situation are known. Bungarm made a valid point about good communication. For either a LL or a T to go into full-on retaliatory mode without checking out less stressful options first is a surefire way to end up feeling more miserable. The OP has had a rotten experience with a LL previously, as has moneysavingmonkey, and MissM has mentioned about problems with her kids' LLs so perhaps their viewpoints are swayed by those experiences.

MissMoneypenny

tbs624 wrote: »

.and MissM has mentioned about problems with her kids' LLs so perhaps their viewpoints are swayed by those experiences.

I have also said before that my son only had one bad student LL and the his other LL was a true professional (his son's were a plumber and an electrician and worked full time for their father) and that my daughter didn't have any bad student LLs.

There is no sense in letting the incorrect information being given out on these forums.

MissMoneypenny

Here is the information from shelter:-
http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities



Giving the tenant certain information

All landlords have to give their tenants their name and a UK contact address. If the property is managed by a letting or property agent, they must also provide you with the landlord's full name and address.
Any requests should be made in writing, you should also keep a copy of the letter and send it by recorded delivery, if you want proof of postage. If you don't get a reply in writing within 21 days of them receiving your letter, the landlord is committing a criminal offence.
Your next step could be to report your landlord to your local council's tenancy relations officer (TRO). TROs can get involved in disputes between landlord and tenants and can even prosecute the person who does not provide this information. You should also be able to get your landlord's details from the Land Registry. You can do this online by filling in a form and paying a small fee.

MissMoneypenny

Shelter on Harassment:-
http://england.shelter.dev.squiz.co.uk/get_advice/advice_topics/eviction/harassment_and_illegal_eviction/what_counts_as_harassment

"If your landlord does something that interferes with your ability to enjoy living in your home in peace and is intended to make you leave your home or take away your rights, s/he could be guilty of harassment.
Remember: The fact that your landlord owns your home does not give her/him, or anyone acting on her/his behalf, a right to harass you.
Examples of harassment

Harassment can take a number of different forms, for example:

• removing or restricting access to services such as gas, electricity or water, or failing to pay the bills so that these services are cut off
• visiting your home regularly without warning, especially late at night
• interfering with your post
• threatening you
• sending builders round without notice
• entering your home when you are not there, without your permission
• allowing your home to get into such a bad state of repair that it's dangerous for you to stay
• beginning disruptive repair works and not finishing them
• harassing you because of your gender, race or sexuality
• refusing to let you into certain parts of your home (for example, the kitchen or bathroom)
• stopping you from having guests
• intentionally moving in other tenants who cause a nuisance to you
• forcing you to sign agreements which take away your legal rights.

This behaviour may be intended to make you leave your home without your landlord having to follow the proper legal procedures, or it may be for other reasons. Harassment can be very distressing and might make you feel as though you have no choice other than to move out. This is not the case - harassment is in fact a serious criminal offence.

solventblackbird

Wow - I can't believe there have been so many replies, and so much of it really useful to me, and others I am sure. Thank you all for taking the time and getting involved.

From this discussion I have learned that yes, the landlord has legal right of access but I have the right to have 24 hours notice, and if this is not granted to me I have the right to decline entry and report the landlord to the Tenancy Relations Officer.

I've also learned that I can't be forced to sign a six month's contract - if I refuse to sign one the tenancy will automatically roll onto a periodic tenancy, and then I must be served two months notice if they want me to leave.

Thank you for all of this, it is very clear. The points about the landlord's address are useful for future, although I do have his home address as it was on the gas certificate left in the house.

I am still waiting a reply from the agent regarding my last email. I think they are trying to make me sweat it out but I've managed to sort out some temporary accommodation should the worst come to the worst.

Re: the comments about LL and tenants being able to communicate more. I'd like this too - there is nothing I'd like better than being able to speak to someone who is aware of my (and their) rights and negotiate something acceptable to both.

The fact is, the only time I've seen my LL is when he's let himself into my house (the lastest time, and the one I originally posted about, was apparently to 'do an inspection' but he actually had someone else with him and I think they were looking around the house with a view to buying - I am not sure because I went outside (I was nervous being in the house with two men I didn't know and it was upsetting my daughter) and the LL and his guest were speaking a different language so I didn't understand what they were saying to each other.

All other contact has been through the LA, who is unproffessional, very rude and lies through his teeth almost constantly. He telephoned me at work a couple of weeks ago demanding rent. When I went to the bank and checked I phoned back and said the SO had gone out and I was happy to send a statement to confirm this, and ask my bank to investigate further, but I would not pay again. He checked his own records again and said, 'oh yes, there it is - luckily for you'. They are total idiots and while I would love to be able to communicate with them, in this case, it isn't possible...

Thanks again for all your comments and help.

Blackbird

Tozer

Certainly a very spirited discussion!

Good luck with all that you do. Try and keep it amicable though. Nothing worse than living somewhere and paying rent to someone you don't like. And as for the agent, is there someone else you can speak to?

I once said to a letting agent "We clearly have a clash of personalities and are going nowhere. If this were in MY professional life, I would do the professional thing and acknowledge that and pass the file to someone else. Can you do that?" It worked.

Is it me, or has anyone else noticed that posters on this website seem to be a tad argumentative today? Me included, I'm sure. But wonder if it is National Grizzle Day or something.

tbs624

MissMoneypenny wrote: »

There is no sense in letting the incorrect information being given out on these forums.

I'd agree with you but there is also a tendency for some posters to leap in with half a picture in front of them: it is possible to make a point without being aggressive.

You have been a tad selective with your quotes from Shelter - let's also consider this bit:

What can I do about it?

If your landlord (or agent) is harassing you, you may be able to get help from the council, or take your landlord to court. Harassment does not have to be obvious or intentional before you can do something about it. You may also be able to:

• ask your landlord to stop the behaviour
• keep a diary, notes and photographs of what happens
• go to an advice centre, the police, the council, or a solicitor for help
• ask your landlord to put all communication with you in writing
• write to her/him, saying if the harassment continues you will take legal action
• have someone with you as a witness whenever you see your landlord
• get together with other tenants who have the same landlord.

MissMoneypenny wrote: »

...........
Your next step could be to report your landlord to your local council's tenancy relations officer (TRO). TROs can get involved in disputes between landlord and tenants .....

This info has already been given to the OP both here and in another thread

MissMoneypenny wrote: »

Shelter on Harassment:...."If your landlord does something that interferes with your ability to enjoy living in your home in peace and is intended to make you leave your home or take away your rights, s/he couldbe guilty of harassment."

My emphasis - IMO it's a reasonable reaction initially to write a firm letter reminding the errant LL/LA rather than shreiking "police - harassment- court", especially when - I repeat - you do not know the full situation. Just for reference, I have mentioned elsewhere that in my time as a tenant I too have experienced an impromptu and unwelcome visit from a LA. It did not happen again.:D

tbs624

solventblackbird wrote: »

I've also learned that I can't be forced to sign a six month's contract - if I refuse to sign one the tenancy will automatically roll onto a periodic tenancy, and then I must be served two months notice if they want me to leave.

If the LL has correctly served a S21 you would be expected to leave at the end of the original fixed term - the agreement can't roll on to a periodic by unilateral decision. The LL would however need to take you to court if you did not move out, or take a decision to agree to the contract continuing as a periodic.