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unfair landlord

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2367 views 6 replies latest reply: 13 June 2016
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Tenant

I moved into my new house on 1st September 2013 .
The contract is a 6 month’s one and the landlord said we would never see him although he constantly turns up to collect his mail and take things out of the shed, the garage is also still full of his stuff.
On moving in the landlord decided he wanted £300 deposit and we agreed to pay it at £50 a month within 6 months.
I struggled to find the £50 in December on top of the £650 rent (which is always paid on time )so told him I would pay it the first week of January along with January’s £50.
But on the 2nd January he messaged and asked where it was and On the 3rd January he turned up and said he wasn’t re newing our contract and he wanted us out by the 3rd February, we then had words as this is before the 6 months contract is up ( am I right in thinking my contract would be up on 1st March? ?
The most upsetting thing for me is he then says if were not out on the 3rd February he will get

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Tenant

Hi there Rachel. You seem to have an incomplete post. I have notified the site admin so they can help you.

In regards to the bond being paid this way, I have never heard of this before. Tenancy deposits are almost-always paid up-front at the beginning of the tenancy. This way the landlord can put this money into a Deposit Protection Scheme and needs to give proof it has been paid in. You will need to check your tenancy agreement as to whether or not you are entitled to this money back but you should be. If this is the case, the £50 per month you have paid the landlord should be put away safe for the end of your tenancy.

Check this page out for more information on tenancy deposits / rent:

http://www.port.ac.uk/media/contacts-and-departments/student-support-services/housing/downloads/Housing—rent-and-deposits.pdf

Have you been given receipt of payment for each month?

Unfortunately, if there is no paper-trail leading to these payments, and your tenancy agreement demands a bond be paid, the landlord can claim that you haven’t paid any bond and file for eviction. If your tenancy agreement mentions nothing about the bond and / or you can prove you have been paying, you have a case to file for unfair eviction and should report him immediately. This gentleman seems to not know you have rights.

Remember that it is a criminal offence for your landlord to evict you without following the correct legal procedure (written notice of AT LEAST 4 weeks) or tries to get you to leave by threatening you or cutting off the fuel supplies and so on. If this happens, make a detailed note of the situation(s), get witnesses if possible, and get advice from the Citizen’s Advice Bureau and/or your local Council straight away.

You are not alone in this and if you need any further help, don’t hesitate to let me know.

Good luck.

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Tenant

Oh, you are also correct in thinking that your tenancy would end on March 1st, NOT February 1st. Unless there is a break clause in the contract, he would need to give you two month’s notice of eviction, so either way you won’t be leaving there until February 1st.

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Tenant

Hi Patricia

Thankyou for replying to me.

Im not sure where the rest of my post is, but that sentence is supposed to end with ” he told me in front of my 11 year old son if we wasn’t out of the house by 3rd January he would send the boys in to get us out.

I pay the rent and deposit through my bank every month so its on my statement every month with the reference of rent and deposit.

On my Contract it says the £300 deposit has already been paid but it hasn’t. So i dont no if it has been paid into a deposit bank.he didn’t turn up with my contract untill a couple of weeks after we moved in. But there is no mention in the contract of my having to pay £50 a month towards a deposit.

After contacting him again he now says we can, but I feel very insecure living here knowing he could turn up at any point with “the boys” to evict me.

Thanks

Rachel

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Tenant

Hello again, Rachel.

It is my pleasure to help. Trust me, I’ve been in bad situations with letting agents and landlords myself and would have loved some help at the time.

Now to address the issue of his threat. Although he is very much in the wrong for saying this to you, the only three courses of action are to:

1. Tell him point blank that he is breaking the law by threatening you, as a person and as a tenant he is obligated to treat you with respect and that you know your rights. If you have a contract, signed by yourself and your landlord, where you pay rent on a monthly basis (which you clearly do), you cannot be unlawfully evicted at a moment’s notice and must be given AT LEAST 1 month’s WRITTEN notice of his intention to evict you. Make it clear to him that if he EVER speak to you that way again, you will follow option number 2.

2. Make a landlord harassment complaint to you local council.
Here is a link that should help you if you need to go down this route in the future:

http://www.lgo.org.uk/publications/fact-sheets/complaints-about-harassment-landlord/

3. Keep your head down, see out the end of the tenancy hoping nothing further happens, DEMAND your deposit back immediately and wave goodbye to the nasty man.

A link for you to check if your deposit is in a secure place:

http://england.shelter.org.uk/get_advice/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

If this says it is not, then check your tenancy agreement. Does it state that the landlord is the one who keeps the money? If not, it should be safely returned to you upon your tenancy terminating and the property being left in it’s original or better condition. If you don’t receive your £300 back at the end of the tenancy, tell him (in writing…ALWAYS in writing) that you plan to take him to court and you may be able to get 3x the deposit amount as compensation.

I would give this article a read if this happens:

http://england.shelter.org.uk/get_advice/tenancy_deposits/court_action_to_get_a_tenancy_deposit_returned

As I’ve already said, there is no reason to panic or worry. If he shows up at your home uninvited, you can simply refuse to open the door and tell him he must give you 24 hours written notice before entering the property, and never without your permission. This leaves him with little to no rights. If he persists and, for example, tries to enter with his own set of keys or tries to enter by any other means, threaten to call the police as he is breaking your tenant rights and is essentially an intruder in your home. If he continues, call them. He must respect you and you just remember that you have rights like everyone else.

As I’ve said before, if anything else comes up or you have more questions on any of this, let me know. I will aim to get back to you ASAP. 🙂

Have a beautiful day.

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Tenant

Comment

Hello again, Rachel.

It is my pleasure to help. Trust me, I’ve been in bad situations with letting agents and landlords myself and would have loved some help at the time.

Now to address the issue of his threat. Although he is very much in the wrong for saying this to you, the only three courses of action are to:

1. Tell him point blank that he is breaking the law by threatening you, as a person and as a tenant he is obligated to treat you with respect and that you know your rights. If you have a contract, signed by yourself and your landlord, where you pay rent on a monthly basis (which you clearly do), you cannot be unlawfully evicted at a moment’s notice and must be given AT LEAST 1 month’s WRITTEN notice of his intention to evict you. Make it clear to him that if he EVER speak to you that way again, you will follow option number 2.

2. Make a landlord harassment complaint to you local council.
Here is a link that should help you if you need to go down this route in the future:

http://www.lgo.org.uk/publications/fact-sheets/complaints-about-harassment-landlord/

3. Keep your head down, see out the end of the tenancy hoping nothing further happens, DEMAND your deposit back immediately and wave goodbye to the nasty man.

A link for you to check if your deposit is in a secure place:

http://england.shelter.org.uk/get_advice/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

If this says it is not, then check your tenancy agreement. Does it state that the landlord is the one who keeps the money? If not, it should be safely returned to you upon your tenancy terminating and the property being left in it’s original or better condition. If you don’t receive your £300 back at the end of the tenancy, tell him (in writing…ALWAYS in writing) that you plan to take him to court and you may be able to get 3x the deposit amount as compensation.

I would give this article a read if this happens:

http://england.shelter.org.uk/get_advice/tenancy_deposits/court_action_to_get_a_tenancy_deposit_returned

As I’ve already said, there is no reason to panic or worry. If he shows up at your home uninvited, you can simply refuse to open the door and tell him he must give you 24 hours written notice before entering the property, and never without your permission. This leaves him with little to no rights. If he persists and, for example, tries to enter with his own set of keys or tries to enter by any other means, threaten to call the police as he is breaking your tenant rights and is essentially an intruder in your home. If he continues, call them. He must respect you and you just remember that you have rights like everyone else.

As I’ve said before, if anything else comes up or you have more questions on any of this, let me know. I will aim to get back to you ASAP. 🙂

Have a beautiful day.

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Service provider

The other comments are good, however your landlord (going by your comments) sounds abusive.

Maybe my organization can help (free of charge). I work as a consultant for a lettings consultancy and we assist tenants as well. There’s no way you need to pay in such a way nor do any work on the house. If you can let me have a copy of your letting agreement, black out any names if you like, and tell me where you live in the UK. My contact is Agents.KosenRooms.space (kosenrooms.com).

If your landlord is being unreasonable you can counter him but the trick is to find the best way to do this.

Keep in touch, Oliver

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