I'm being Harassed by my LANDLORD

[Pam Dell]

I was hoping someone could give me some factual advice.

 

I moved into a flat mid-February, 2012.

 

From the start I had a problem with an old man neighbour telling the landlord I had 4 men living in the flat.

 

The joker, I had 3 men help me move in fridge, washing machine etc.

 

The old man concocted all sorts of stories and told the landlord.

 

To cut a long story short after 2 months I gave in my notice to leave on the last day of the 6month AST agreement.

 

The landlord text me last week and wants to visit the property, I said I hadn't found anywhere yet to move to and if I hadn't by the end of the notice period/last day of tenancy agreement then I would have to stay on a periodic tenancy.

 

He text me that he could do me new 1 month contract. I've never heard of it but I suppose it's feasible.

 

Now he wants to bring round an estate agent to take photos etc. on Saturday.

 

Basically I would like to know if legally I had to give any notice at all.

 

If i didn't then it strikes me that I can stay up to the last day of the contract and if i don't then move out the perodic tenancy will kick in.

 

Is this correct?

 

I told him 11am Saturday is not suitable but he keeps insisting he's coming round.

 

I'm thinking of changing the lock. i don't want him or estate agent taking photos or looking at my property.

 

Your advice would be greatly appreciated.

 

I told him he is harassing me and that i am turning my phone off and won't put it back on until i have found a place to move into.

 

I intend to do this as i don't use that phone much so no big deal really.

[raydetinu]

No strictly you do not have to give him notice if you are going to leave at the end of the six months, you just move out and hand the keys back?

However it is normal to tell them so they can arrange for new tenants and so you can get your deposit back.

LL does have a right to a periodic inspection and to do a check if you are going to leave.

The inspection must be at a suitable time and convenient to you and yes you can change the locks.

Remenber that if you stay beyond the end of six month contract date then you are required to give a min. of one months notice ending on the day before the rent period day. Tive he contract will revert to periodic tenancy. He can give you a section 21 notice of repossession at any time, but will have to give you two months notice.

[45002]

Hello Pam

 

In addition to the last post

 

You have a right to quiet enjoyment and privacy in your home....

 

If your landlord turns up with estate agent on Saturday,you Do have a right to refuse entry,if it's not covenant to you....

 

Arrange a time a date for any viewings by landlord and estate agent to suit you and not them,don't let landlord/estate agent bully you into times to suite them it's your home...

 

Once your arranged a time and date to suite you and stick to it and tell them to take pictures when you have moved out,get a friend to sit with you if you can during viewings.

 

You can change the locks,But make sure you cause No damage and replace the originals when you leave....

Edited July 10, 2012 by 45002

[Pam Dell]

Thank you for the replies.

 

I wasn't sure about changing the lock, as people say you can't change them, though of course i would change the lock back to the original when i left.

 

He put a note through my door last night saying he will call the police if i refuse to let them in.

 

I can't understand why he is doing this as he will get paid if i have to stay on. Believe me it is the last thing i want to do.

 

I'm not sure whether to be in or out on Saturday at 11am.

 

He is bullying me, i didn't choose this day or time.

 

I don't like his attitude at all.

 

In one of the texts he said i had made spurious allegations and threats!

 

I told him he was harassing me, that is not spurious and i have certainly not threatened him.

 

Unless he's taking it that, i will have to stay on if i can't find anywhere as a threat??

 

He said i was to leave on 16th August and it is up to him if i can stay on for another month.

 

I don't want to stay but can't find a new place yet!

 

I've been looking avidly.

 

I'm expecting a Solicitors letter next saying i have to let him in.

 

He seems to think he has all the rights and i have none.

[Bang!]

If you read your tenancy agreement, its very likely to state the notice he needs to give for an inspection. All I have seen mention this.

 

You can change the locks, but just changing the Yale lock is easiest as its normally only three screws to change the back and two bolts to swap the plate where the key is inserted. It makes it easier swapping the lock back, and you can do it yourself rather than getting someone to swap the mortice.

 

Its also fairly normal to permit viewings in the month prior to your leaving, and the LL has to comply with the law in permitting an annual gas inspection if there there is gas in the property.

 

As you state you are expecting solicitor's letters to permit him to perform what is in the tenancy agreement you signed, then its really in your interest to sort out a date you are happy with and to let him in.

[Pam Dell]

The trouble is, what is the point in allowing viewings when i have no where to go myself?

 

I may have to stay in the property until he goes to court and forces me out and then have no where to go....

[Bang!]

OK - here's a suggestion. Let's forget about the law for a while and look at human nature.

 

Your initial annoyance was the old man inventing stories. Realistically its better the LL told you so you know where you stand with the neighbour than keeping it quiet. You never mention anything bad about the LL at that stage, so presumably you were then OK with him.

 

What you want is a place to stay without hassle, and what the LL wants is someone who pays the rent and most of the time on time, some stability in his tenants (the longer good ones stay the better) and no hassle too.

 

So you have never said there are problems with the flat, only the LL and neighbour, and he has not tried to take possession so its likely you pay on time. However, you have suggested you are moving out, so he wants in to see what needs done, and to prepare for new tenants (based on what you told him). But you now have stayed on longer, and he is accommodating you in your wish.

 

You have also stated you cannot find somewhere else.

 

So why not grasp the nettle and call the LL and sort out a time suitable to you both. You have a tenancy agreement, so try to agree! Neither of you contracted to a tenancy battle, so you take the lead and try to smooth things. The sooner he sees the place is OK, the sooner his mind is at rest and calms down.

 

Is it a nice flat? Is the location good? Would you like to stay if things went more smoothly?

 

I may have to stay in the property until he goes to court and forces me out and then have no where to go....

 

So try to get on with each other and leaving is then likely to entirely be your time and choice. Why should it have to go that way you mention, which basically drops you in the ****?

[Pam Dell]

It wasn't just the neighbour giving me problems.

 

The landlord wanted to come round for a chat and cup of coffee!

 

I didn't want that.

 

As far as i was concerned this was a business arrangement, not being friends!!

 

The LL told me on the phone things about the previous tenants and also the old man started telling me stuff that had obviously come from the LL!!!

 

I paid 6 months up front to be left in peace and quiet.

 

The LL kept on wanting to come round.

 

If he wanted to keep looking at his flat, why rent it out?

 

It's not particularly brilliant or in a nice area.

 

I want to leave, as can't stand flat, old man or LL.

 

I thought it would be easier to find a new property it's not.

 

I'm not even at the end of the 5 months yet, that is on Sunday 15th July, i've still got another 1 month to live there.

 

I've paid for the privilege to get harassed.

 

I was going to hand my notice in even before i did because the LL kept on wanting to come round.

 

It now seems that i didn't even have to hand in any notice but just leave on the last day of the contract 15th August.

[The Carpet Cleaners]

14th of August and give the keys back on 15th, just to be safe...

[Pam Dell]

I can't hand the keys back, i have no where to move to.....

 

I've also just had a letter from him put in the door, i'm not opening it.

[The Carpet Cleaners]

There is still plenty of time between now and then. Martins newsagents have cards in windows with flats and bedsits etc.

Anything would be better than staying where you are.

Local papers.

 

What part of the country are you in? approximate area

[Pam Dell]

Hailsham East Sussex

[raydetinu]

Suggest you write/email LL and withdraw your notice and say you want to go periodic now and see what happens? He may agree/

You do not have to leave at the end of the contract, however he will probably serve a section 21 notice, which will give give two months notice befotre he can go to court for an order. so yo have got a biy of time to look.

If he continues to harass you then contact Police.

[Pam Dell]

Thanks Ray, i texted him last week and told him i hadn't found anywhere to stay yet and that i would probably need the periodic tenancy.

 

He said maybe he could do me a "one month contract", i've never heard of it?????

 

I have this horrid feeling that he will get someone round on Saturday to take off the door and change the lock, as i will not be letting him in to the flat.

 

Today, i am going to change the original lock, as i know he will enter Saturday without my consent if i don't.

 

The neighbour downstairs has already called the police on me!

 

What for? i haven't a clue, he just wanted me out from the off.

 

Needless to say the Police didn't even speak to me but they spoke to the LL, least that is what he told me.

 

I don't want to have to call the Police as this is a civil matter and not criminal.

 

I am really worried that i am going to be locked out on Saturday, if i don't sit in the flat on Saturday to prevent it.

 

Trouble is i am meant to be working.

[The Carpet Cleaners]

If he takes the door off, it is breaking and entering. Criminal offence.

If he changes the locks, it is illegal eviction and theft (he will have all your property) criminal offence and you will be eligible to sue him and his resultant fine can be up to £6000 and 6 months prison.

 

At this moment you have a legal and binding AST which is in force, he cannot legally enter the place without your permission except in an emergency.

 

Speak to you local council housing officer, then at least they will have the knowledge of what might happen. They may even get in touch with the LL and let him know what his rights are.

[Pam Dell]

I hadn't thought of that, though not sure there is a local council housing officer.

 

I will find out later and if there is put them in the picture.

 

What should i do if he does take the door off and i can't get in?

 

I know i might be jumping the gun here but who can tell what will happen.

 

I presume i call the police.

 

However, whether anything would be done seems to be dependent on who you get.

 

If i was told it was a civil matter what could i do then?

[The Carpet Cleaners]

take your AST with you to work, so IF and I think it is a big IF he does as you suspect, you go to the police station and speak with no one lower in rank than inspector, and then show him the AST which is proof that you live there and legally have access, then see what happens. As by him (LL) removing door it becomes a criminal offence.

[Pam Dell]

Thank you. Good idea.

 

He has just sent me yet another!!!! text saying he is coming around at 11am this Saturday.

 

He says he can come round as it is in the tenancy agreement.

 

If it is, is this still legal?

 

Is it worth one of my sons' texting him and telling him to leave me alone.

[The Carpet Cleaners]

It is only in the tenancy agreement IF you give agreement to the visit, it has to be at a time convenient for you.

If your son text's telling him to leave you alone it could be construed as a threat, which is again a criminal act..

 

Is your son nearby?? could he not sit in your house on saturday morning.

 

Write with proof of posting (free at post office) to your LL saying NO to saturday morning, keep a copy of the letter, and the proof of posting together, these will all form part of the chain of events should he (stupidly) decide to take the law into his own hands on saturday.

[Pam Dell]

My son has just text him and now he keeps phoning him! Has done 3 times.....

 

My son has already told him to leave me alone, he's not threatened to do anything to him, just telling him to leave me alone....

 

Unfortunately i only have my 15 year old daughter that could be with me and don't think that is a good idea.

[45002]

OK - here's a suggestion. Let's forget about the law for a while

 

What a Stupid thing to say on a public forum....

 

 

 

 

 

I hadn't thought of that, though not sure there is a local council housing officer.

 

I will find out later and if there is put them in the picture.

 

 

Contact the your local council housing department,ask for private tenancy unit who can deal with these landlords and letting agents

 

http://local.direct.gov.uk/LDGRedirect/index.jsp?mode=1.1

 

or contact a Solicitor.

Edited July 12, 2012 by 45002

[raydetinu]

If he makes threats or comes to the house without your consent and harrasses you, call the Police; it is a criminal offence, potential breach of the peace at least!

Also if want further advice, suggest you contact Shelter, they are used to these sort of problems and can give sound legal advice.

[45002]

If he makes threats or comes to the house without your consent and harrasses you, call the Police; it is a criminal offence, potential breach of the peace at least!

Also if want further advice, suggest you contact Shelter, they are used to these sort of problems and can give sound legal advice.

 

 

 

 

Protection from Harassment Act 1997,Section 4 (1) (2)

 

http://www.legislation.gov.uk/ukpga/1997/40/section/4

 

(1)

A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.

 

(2)

For the purposes of this section, the person whose course of conduct is in question ought to know that it will cause another to fear that violence will be used against him on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion.

[Pam Dell]

Thanks to all who got back to me.

 

Hopefully the problem has been resolved.

 

The landlord said for me or my son to speak to the estate agents, which i did.

 

Evidently they rang him and told him he can't view if i won't let him.

 

I finally managed to hear the voicemails, 2 in which he was very angry saying he would be bringing the Police with him...

 

He also said i may think that because he comes from Eastbourne he is a Country Bumpkin. Lol.

 

Crazy man.

 

I had to laugh at that, though seriously i never said anything like that, i didn't even know he was from Eastbourne, as a lot of people that live down here are from London.

 

Then a 3rd voicemail apologising!

 

He said the estate agents had told him many times he could visit the property and has now been told by them this is incorrect!

 

I don't know what the truth is but thanks again for everyone's help.

[Bang!]

What a Stupid thing to say on a public forum.....

 

Try reading it in context.

 

All this takes to fix is...

 

Lady "I will be in on Wednesday evening if you want to inspect the property then".

 

LL "That's great thanks".

 

However, if the LL gets told "the law" all the time, then its very easy to get rid of an AST tenant legally too.

 

So legally evicted without anywhere to go yet, or sorting it out without hassle.

 

As it stands the estate agents have probably told the LL to calm it down for fear of a harassment claim, but the OP is still in breach of the agreement having offered no access.