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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think my landlord is breaking the law?

190 replies

kubex · 03/09/2017 11:18

Basically, I live in a shared house. All the rooms are let individually. I have a 6 month tenancy.

I am in arrears with my rent. I owe £150 for the deposit, £40 from last month and this month's rent is 1 week overdue. I know this is my fault, I let things get on top of me.

My landlord contacted me via text last night at 6.45pm to say that if the full amount wasn't paid by today, I would have to vacate the property by 5pm. I replied saying that I would be able to pay the full amount on Thursday morning but he has said that is not good enough and he will be here to pick up my keys at 5pm today.

I know I have gotten myself in to this mess but can he actually evict me like this? With less than 24 hours notice via text?

I have offered to make part payment today and have tried to call him several times but he is not answering the phone.

I'm really worried as I have nowhere else to go!

Any advice would be appreciated

OP posts:
Fairenuff · 03/09/2017 11:41

OP can I ask, why didn't you pay your rent? What did you spend your money on instead of your primary and most important bill?

MrsSquiggler · 03/09/2017 11:46

The landlord must go through the proper process: section 8 notice, court order for possession, warrant of possession to actually evict you. The landlord cannot make you sign away these rights so it does not matter what it says in your contract. If you get on top of the arrears, he cannot evict you during a fixed term tenancy but he can serve a section 21 notice to require you to leave after the 6 months expires. But he'd still need to get a court order and warrant of eviction to actually force you to leave. Though if it goes to court, you may have to pay the court costs.

If he turns up and tries to force you to leave, you can call the police as illegal eviction is a criminal offence. So is harassing you and using threats to try and force you to leave.

england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction

england.shelter.org.uk/housing_advice/eviction/what_you_can_do_after_illegal_eviction

Shelter's helpline runs 7 days a week england.shelter.org.uk/get_help/helpline

MumIsRunningAMarathon · 03/09/2017 11:48

'I need more time'

But he needs his rent! He likely has a mortgage and outgoings as well as a life to finance!! What makes you think you can find all that as well as being good for the rent, on time, going forwards?

I wouldn't have much faith in you if I were him either

dolcezza99 · 03/09/2017 11:49

Any advice? Yes, pay your rent. It really is that simple!

I'm not sure whether what he's doing is legal or not, but you've been massively remiss.

killjoy50 · 03/09/2017 11:53

Please contact the housing charity Shelter to get legal advice. Also report your landlord as if he is prepared to kick you out then he is probably not declaring any rental income to the taxman!

Shelter's number is: 0300 330 1234 but don't think they are open today.

FallingOrbit · 03/09/2017 11:58

But he needs his rent

Indeed. And he is going to get it. This Thursday.

If OP had said "I can pay you in 2024, probably around August maybe" then much different story.

It's not an ideal situation for OP or LL, but sometimes things just don't go according to plan and others are inconvenienced. Provided OP sticks to it, it's not unreasonable. Not wonderful, but not unreasonable.

And just because it's happened once, that isn't really sufficient grounds to think it will happen again. LL should offer benefit of the doubt and either way he can't evict OP without a court order etc etc.

ButchyRestingFace · 03/09/2017 11:59

Do you have enough food in to last until you can find a new place, OP?

Because you may have to stay in your room until then to ensure he doesn't change the locks! Hopefully he'll have a rethink and give you until Thursday to pay but I'd be amazed if he won't want you gone ASAP.

ButchyRestingFace · 03/09/2017 12:01

LL should offer benefit of the doubt and either way he can't evict OP without a court order etc etc.

He can. He shouldn't, it would be illegal, but he could do it.

Lets hope he sees sense.

FallingOrbit · 03/09/2017 12:03

it would be illegal

Sorry, I don't quite follow, what would be illegal? Giving her the benefit of the doubt and giving her until this Thursday to pay? Why would that be illegal?

AdalindSchade · 03/09/2017 12:04

@Bluntness100 why do you persist on dispensing completely untrue 'advice' on tenancy issues when you have been told time and time again that you're wrong? It just seems wilfully shit stirring at this point. The landlord cannot evict her for non payment of rent. There is a legal process and if he tried it would be illegal. Breaking the law. Get it?

Greenkit · 03/09/2017 12:04

Stay where you are and call the police if he try's to kick you out

MumIsRunningAMarathon · 03/09/2017 12:05

this thursday.... might be that he needs it now? Needs as in, has family to feed/bills to pay

AdalindSchade · 03/09/2017 12:07

mumIs that's not how letting/landlording works.
Anyone who is so reliant on their tenants paying rent on time that they would be unable to feed their family without it is completely in the wrong business. Landlords simply cannot rely on rental income for their living costs and if they do they are in the absolute shit.
Anyone who can't afford the very real possibility that a tenant pays late or even not at all should not be a landlord.

Maelstrop · 03/09/2017 12:08

Don't open the door to him. Speak to him through the door, remind him you'll pay everything by Thursday and that trying to evict you in this manner is highly illegal and I say that as a landlord.

Original poster
kubex · 03/09/2017 12:08

Thank you for all your advice/comments. As i've said, I completely understand that I am in the wrong and I do not blame my landlord for wanting me out.

My landlord has finally answered me, via text, saying he will give me until tomorrow at 5pm to move out.

This doesn't help me much but at least I have a little more time, although I still don't know where I will go.

OP posts:
FallingOrbit · 03/09/2017 12:09

Anyone who can't afford the very real possibility that a tenant pays late or even not at all should not be a landlord

^ This.

RonSwansonsMoustache · 03/09/2017 12:11

Indeed. And he is going to get it. This Thursday.

That's irrelevant. You can't just pay your rent whenever you fancy. It's due on a certain day of the month, so that's when you need to pay it. LL's don't have to accept tenants not paying and then telling them they'll have to wait another five days for their money.

He can't kick you out with 24 hours notice OP. He has to follow the law regardless of whether you're behind on your rent or the perfect tenant.

Mummyoflittledragon · 03/09/2017 12:11

But he needs his rent

If he is sailing so close to the wind that not getting a few quid to pay for his mortgage will put him in dire straights, he shouldn't be a landlord.

As pps have said, he cannot evict you op.

FallingOrbit · 03/09/2017 12:11

My landlord has finally answered me, via text, saying he will give me until tomorrow at 5pm to move out

As I and many others have pointed out repeatedly...

HE
CANNOT
DO
THAT

So don't let him. You have made him a reasonable enough promise to pay on Thursday, no court in the land would side with him on this. NO court.

Mummyoflittledragon · 03/09/2017 12:12

DO NOT LEAVE. He is bullying you. Contact shelter or the CAB. Tell him you will not leave and you will pay him on Thursday.

Original poster
kubex · 03/09/2017 12:13

I really don't want to have to barricade myself in, I just really wish my landlord would give me a few more days.

I feel terrible for the trouble I've caused him as he does seem like a nice guy. His patience has obviously just ran out, which I can completely understand.

I hate that I've got myself in this mess but I only haveyself to blame.

OP posts:
Mummyoflittledragon · 03/09/2017 12:14

If you leave, you will make yourself intentionally homeless. And I repeat. DO NOT LEAVE.

FallingOrbit · 03/09/2017 12:14

Ron

I think you're over reaching there. It doesn't appear to me that OP is under the impression she can just pay whenever she fancies. It seems clear enough that this is a one off, it's about being reasonable and the LL is being the opposite of that. It's all well and good banging on about strictness etc but in reality that's not always the way of life. Sometimes shit happens and a little bit of give and take is required.

Now, if OP is frequently doing this, or even does it more than once then there would be a stronger argument to be made against her. But until that's the case - there isn't.

Manclife · 03/09/2017 12:16

OP is taking the piss, they knew they couldn't pay on time when they moved in. As for landlords being able to take the hit well that's just nonsense. Landlords are not made of money and how do you know that even if he could that the last tennent had pushed them to the financial limit by pulling a similar stunt. Pay up or clear out.

ClothEaredBint · 03/09/2017 12:16

You will go NOWHERE because he CANT evict you like that. Its illegal.

Speak to shelter and if he tries to get you out, phone the police.