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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:
Bluntness100 · 03/09/2017 13:20

He seems to be being a bit harsh, if he never reminded on the deposit, wasn't worried about the 40 quid ( although I'm unsure why you didn't take it out over two days and pay in full on time ). Maybe explaining to him the rent would be late this month would have been prudent.

Maybe he wants you out for another reason and is using this as his excuse?

mydogisthebest · 03/09/2017 13:21

Kubex, your landlord CANNOT evict you without a Court order. He may try but if I were you I would tell him you will call the police for harassment.

He has to either issue you with a Section 8 notice or a Section 21 notice. A Section 8 can only be issued if the tenant is 8 weeks in arrears of rent and even then it still has to go to Court in order to get you to leave. If you have paid some money before then and you are no longer 8 weeks in arrears the Section 8 is no longer valid (even if you are 7 weeks in arrears still).

A Section 21 notice has to give 2 months notice but it is only notice that the landlord would like you to leave. You do not have to. At the end of the 2 months if you don't go the landlord will have to go to Court to get an eviction order. That can take weeks if not months. Even with an eviction notice from the Court you don't have to leave and he will have to instruct bailiffs to evict you. This also can take weeks if not months.

I can see your landlord's point of view but things happen in life. It's not like you owe him hundreds is it?

Please do not let him frighten you into leaving unless you have somewhere to go and want to leave

AdalindSchade · 03/09/2017 13:23

Being a landlord by definition includes the risk that tenants may not pay on time. It's built in to the business model.
Yes the op needs to pay her rent but clearly she's not well off and living hand to mouth already. The landlord will be well aware of this as he sounds dodgy as fuck anyway, who wants rent in cash these days? Only dodgy fuckers. He's also running a HMO to adults and the people who live in those properties are by definition not wealthy. Really nobody needs to feel sorry for this landlord. He has to follow due process as is his legal obligation and if the op continues to be unreliable in paying rent he can legally evict her. I'm sure he knows his business.

backOffSunshine · 03/09/2017 13:27

Sadly illegal.

Belindaboom · 03/09/2017 13:27

Paying rent in cash? Dodgy as. You need to be telling him he is breaking the law and you know this.

Is the first month up front not a deposit anyway?

Phone shelter op it's an absolute mess.

Belindaboom · 03/09/2017 13:28

Are you getting receipts when you pay? If not you need to start getting them. What a mess.

Original poster
kubex · 03/09/2017 13:36

I have already offered to pay the £150 for the outstanding deposit and the £40 rent arrears today and the rest on Thursday morning but he didn't respond to my message. He only messaged me to say that I had until tomorrow at 5pm to vacate the property.

I would be able to pay future months rent on time.

I am given handwritten receipts when I pay the rent.

OP posts:
TeachesOfPeaches · 03/09/2017 13:37

LL shouldn't have let to you without a deposit in place and you should have the option of doing a more secure bank transfer. Did you get a receipt for your cash rent payment?

No the LL can't kick you out legally though he might try. He shouldn't change the locks nor remove your things at such short notice. Stay in the property OP as you don't know how rogue this guy is.

TeachesOfPeaches · 03/09/2017 13:38

Also you deposit should be in a secured tenancy deposit scheme and I believe he has acted illegally as clearly your deposit can't be there as you haven't paid it.

Bluntness100 · 03/09/2017 13:45

All this he " has to follow the law". Yes, that's right because no one ever breaks the law. This is a landlord who is paid in cash, gave her a few hours notice, them changed it to a day, he's hardly likely to say " oh silly me, let me got to court, thanks for reminding me by text, you just sit it out whilst I deal with that". He will wait till she's out, turf her stuff out and change the locks. She just has to hope no one nicks it whilst it's sitting on the street.

The police aren't going to stand guard when she's out, and she can't quit her job to barricade herself in. Following the law is a voluntary choice. No one "has" to follow it. they can chose to break it and deal with the repercussions afterwards.

specialsubject · 03/09/2017 13:46

English law - a landlord is the only service provider compelled to provide the service whether paid or not . Taking payment in cash is legal.

As the landlord doesn't live there, it is a tenancy and regardless of rent payment, legal process must be followed. He needs a section 8 but that is defendable by the tenant and has many reasons that it can be invalid. Ditto section 21.

Then there is possession claim and bailiffs, who are the only people who can end a tenancy on behalf of the landlord.

Not paying rent is not a crime. Illegal eviction is.

Bluntness100 · 03/09/2017 13:48

Illegal eviction is

Sure, but what's your point? Doesn't mean it doesn't happen to some poor sod every single day.

dolcezza99 · 03/09/2017 13:49

I am £40 in arrears from last month is because I could only withdraw £300 in cash from the machine

That is SUCH a poor excuse, OP. Why couldn't you go into the bank? Or go back the following day for the £40? A cashpoint limit is a daily limit, you could easily have got the rest out the following morning.

You're making excuse after excuse after excuse. Legal or not, I'm not surprised your landlord is threatening to throw you out. You need to grow up and pay your rent.

Original poster
kubex · 03/09/2017 13:53

It is a terrible excuse, I agree! And if my landlord hadn't have told me to just add it to next month's rent, I would have done!

I know I am in the wrong and have said many times that I only have myself to blame.

Believe me, I feel bad enough already!

OP posts:
specialsubject · 03/09/2017 13:53

Just answering the question.

Some poor sod gets burgled every day. People drive while jabbering on the phone every day. Those are crimes.

dolcezza99 · 03/09/2017 13:55

So stop making excuses, pay your rent, then you won't get thrown out.

Or have you spent the money on something else, as well as the £150 you should have paid for a deposit, and this month's rent?

No sympathy, sorry.

ThymeLordIsSpartacus · 03/09/2017 13:57

Ignore the nasty bastards on this thread kubex. People love to look down on renters on here.

The LL cannot do this to you, as many others have said, and you must call the police if he turns up trying to evict you.

Original poster
kubex · 03/09/2017 13:57

I haven't once asked for, or expected sympathy.

OP posts:
ThymeLordIsSpartacus · 03/09/2017 13:59

Why did you post then dolce? Impossible for you to keep your snipey little opinion to yourself?

Bluntness100 · 03/09/2017 14:00

The LL cannot do this to you, as many others have said, and you must call the police if he turns up trying to evict you

Yes he can, that's the point. Not legally but he sure as hell can physically do it. And if he does it whilst she's out at work calling the poilice when she's comes home to find her stuff on the street and the locks changed aren't going to get her back in there.

And it's nothing to do with renters, most of us have rented st some point or another.

Slimthistime · 03/09/2017 14:05

OP sorry to ask but is there anything else behind this? It seems a very extreme and illegal response from him.

have you spoken to anyone else in the share? I'm just wondering if he is up to something.

will you be home tomorrow, I'm a bit concerned you will arrive back and find your stuff in the hall and the room occupied by someone else. can a friend be with you at 5pm?

ThymeLordIsSpartacus · 03/09/2017 14:05

If something is illegal and he does it anyway then of course OP would call the police.

FallingOrbit · 03/09/2017 14:08

Not legally but he sure as hell can physically do it

I don't really see the point in going down this road with the conversation.
There are a million and one things anybody can do that are illegal.

Most of us have been posting from the angle of what's within the law otherwise we end up with hypothetical situations and I don't see where that gets us.

Branleuse · 03/09/2017 14:18

in a shared house like that, im pretty sure he can ask you to leave whenever. Its the most insecure tenancy you can get.

Bluntness100 · 03/09/2017 14:18

The point is, I'd put money this man is not giving her a day to get out because he's unaware of his legal obligations and is some form of idiot. He is giving her a day's notice because that's what he fully intends to carry out.

All the legal advice in the world won't change what's happening to her. Sure it's illegal. So what? Calling the police after she gets home from work and finds her gear on the street and thr locks changed, will not get her back in there.

I do think it's extreme though so also think there is more to this.