Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
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:
KungFuEric · 03/09/2017 12:17

How much deposit have you already paid?

You say you'll pay on Thursday, is that when you get paid?

Morally this is poor advice, but you would probably be better off not paying your arrears and using it instead as a down payment on your next lodgings. Start with a clean slate.

Your current landlord would retain your deposit. As a landlord myself I think he's acted foolishly in allowing you to begin the tenancy initially, hopefully he will see it as a learning curve.

Ginorchoc · 03/09/2017 12:18

I've had to assist evicting a tenant in a HMO recently, only time I have and hopefully will. Anyway from my experience Miracle and MrsS are spot on. Most of the rights lean toward the tenant and if we had not followed procedure the tenant could not only renter but also claim compensation against us for an illegal eviction. Just text back and apologise, again say you'll have the money by Thursday and are seeking legal advice in the interim. Make sure you do pay as it's really unfair on the landlord especially as until this point it sounds as they have been more than fair to you.

DumbledoresApprentice · 03/09/2017 12:18

Don't leave! Whatever you do, I know it's awkward to stay out but as others have said if you leave before a court order is in place you have made yourself "intentionally homeless". He doesn't seem to understand his position at all. I understand him being angry and frustrated but he can't make you leave.

rwalker · 03/09/2017 12:23

don't want to sound harsh but not fair on ll you have not paid .Why do people assume that ll don't have bills to pay as well

RonSwansonsMoustache · 03/09/2017 12:24

It seems clear enough that this is a one off

It's not a one off, though. She didn't pay her deposit, she owes £40 from last month and all of this months rent. That's three occasions. I'm sympathetic to people who have financial issues but I don't think many landlords will be that tolerant to a new tenant.

I'm not saying she should leave - he can't evict her just like that, but I totally understand why he's pissed off.

Bluntness100 · 03/09/2017 12:25

It's not really happened once though has it, she has not paid her deposit, she didn't fully pay last months rent and she is a week over due on this months. That's three times.

I also agree op, not morally good but I'd keep your money and use it to get a new place. Good luck.

newusernameness · 03/09/2017 12:25

bluntless please don't give advice on the legalities of something you don't know anything about. Reading your posts open mouthed, who are you benefitting by making comments like that as if they're fact

HidingBehindTheWallpaper · 03/09/2017 12:25

Have you paid anything so far towards your deposit?

I can see this from both side really. You are entitled to certain protection and can't be kicked out at which short notice.
However you can't live somewhere rent free.

EmpressOfTheSpartacusOceans · 03/09/2017 12:29

Morally this is poor advice, but you would probably be better off not paying your arrears and using it instead as a down payment on your next lodgings. Start with a clean slate.

I don't think it's that simple. The OP would likely either need a reference from her current landlord or a very good reason for not having one. Plus the money for a new deposit & all the other costs involved.

FallingOrbit · 03/09/2017 12:32

Ron

I do see what you mean, I'm just thinking of the "whole thing" as one incident (although technically yes it's 3 instances) because OP has said she can clear all of the arrears in one hit on Thursday. It's began to snowball, I do agree, but assuring the LL she can clear up the whole mess (again that's why I'm kinda viewing it as one instance) in a matter of days doesn't seem unreasonable to me. Provided she does it of course.

BabsGanoush · 03/09/2017 12:35

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?

^ this.

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

I doubt it, there will be part payment or further delays.

OP, pay your LL what you owe him now and stop this stressful situation you have gotten into.

KungFuEric · 03/09/2017 12:36

I find hmo landlords aren't usually too shit hot on the references side of things.

If you can turn up with the full deposit and first months rent and don't look like a shambles you'll be in.

Realise though op that you'll have fucked someone over, and try to be a better person going forward.

PoppyPopcorn · 03/09/2017 12:40

The law is obviously on the OP's side.

But she has to do what's best for her. Yes she could sit in the room giving it the "I know my rights" and demand the landlord goes through the correct legal channels. That is the legally correct thing to do for sure, but is going to cause her stress, will piss off her landlord and her housemates and may just be more hassle than its worth. Just because you're legally entitled to do something doesn't mean it's the best option in every circumstance.

And who'd be a landlord? Tenants have ALL the rights, landlords have very few and to evict someone who isn't paying rent costs a fortune.

MrsSquiggler · 03/09/2017 12:41

I hate to think that the landlord is going to get away with this behaviour. Could you try pointing out to him that evicting you without giving the proper notice and getting a court order is a criminal offence, and that you can and will call the police if he attempts it?

manglethedangle · 03/09/2017 12:43

No. He cannot insist you leave so quickly. In fact, he cannot, by law, serve a section 21 notice until 6 months into the tenancy. DO NOT LEAVE. PM me if you want further advice.

Dsiclaimer - I'm a social worker, I work with a lot of people being evicted.

Whinesalot · 03/09/2017 12:44

Send a text tomorrow saying that you have taken legal advice and that he needs to follow the proper eviction route. Alternatively he could wait until Thursday and receive full payment and that you are sorry for messing him around but will be on time in the future now that your finances have been sorted out.
Then stick to it.

endehors · 03/09/2017 12:47

I was going to suggest offering some part payment immediately, but I see you've already done that.

AdalindSchade · 03/09/2017 12:54

don't want to sound harsh but not fair on ll you have not paid .Why do people assume that ll don't have bills to pay as well

If the landlord is stuck because she's £40 behind on the rent then he's a shit business man and should sell the house

The op must have paid a deposit or she wouldn't have been given the keys and signed the agreement. Unless the landlord let her do that on a promise of being paid in which case he's an idiot.

dolcezza99 · 03/09/2017 12:55

I hate to think that the landlord is going to get away with this behaviour.

He's perfectly justified, IMHO. That the OP is going to get away with her behaviour, ie, moving in and not paying the rent, is outrageous.

Why haven't you paid the rent, OP? You still haven't said.

AdalindSchade · 03/09/2017 12:56

HEs not justified. The law is clear.

RonSwansonsMoustache · 03/09/2017 12:58

If the landlord is stuck because she's £40 behind on the rent

She's not £40 behind! She owes £159 deposit, £40 from last month and all of this month's rent which was due a week ago!

pigsDOfly · 03/09/2017 13:02

No the LL can't evict just like that and he/she is an idiot for allowing the tenancy to go ahead without the full deposit. But really, the LL is not running a charity and it's perfectly reasonable to expect the rent to be paid on time and in full.

At the moment, from the sound of it OP you're effectively squatting in his/her property, which is also illegal.

Original poster
kubex · 03/09/2017 13:07

When I moved in, I paid 1 months rent in advance, in cash on the day I signed the contract and collected the keys. I was supposed to transfer the deposit at a later date, but never did and it completely slipped my mind until my landlord mentioned it yesterday.

I am £40 in arrears from last month is because I could only withdraw £300 in cash from the machine (the landlord prefers cash for some reason) and he told me to just give it with next month's rent.

I am behind now because I changed jobs and my payday is different. When I can pay everything on Thursday, this months rent will be 1.5 weeks overdue.

I realise that all this could have been avoided if I wasn't so careless. I'm not blaming anyone but myself.

OP posts:
RonSwansonsMoustache · 03/09/2017 13:14

So, you forgot to pay your deposit and then couldn't go into a bank to get the £340 out? And now you're going to be two weeks behind this month?

Okay, not a great situation. Are you not able to at least pay the £40 now? Or the £40 plus the £150, then pay the rent when it's due?

What's going to happen next month - does this new payday mean your rent will always be two weeks behind? If so, talk to him about changing the due date - maybe paying more this month to make up for it?

hiddenmnetter · 03/09/2017 13:18

Good heavens the people laying into the OP about not having paid her rent. It's interestingly irrelevant. The OP had a VERY specific question:

OP question: My LL wants to evict me with 24 hours notice via text, can he do this?

Some people answer: OMG you're a shit tenant pay your rent you lazy fool, more judgemental crap, more judgemental crap...

Actual answer: no, he's not allowed to do this, it's illegal.

Read the answer of people who said this for more info. As said, LL needs a court order to evict you. He may decline to renew your lease etc etc but no, he cannot evict you in this manner.