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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

pigsDOfly · 03/09/2017 14:29

The OP doesn't share the house with the LL Branleuse it's a HMO and the LL lives somewhere else. The renter's right are the same as for any other rental.

dolcezza99 · 03/09/2017 14:38

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

Not at all. Simply trying to ascertain why the OP doesn't just pay her rent and avoid all the nastiness. It isn't rocket science. If she says she hasn't paid it but was going to get the money out, then she must still have the money there in order to pay it, so why doesn't she just do that? Unless she's spent £150 worth of deposit, the £40 arrears and this month's rent on something else, in which case she has a far bigger problem than her rent arrears and the landlord is justified in being hugely pissed off, whether what he's threatening is legal or not.

And I'm not looking down on renters, thank you; I am one. I would never spend my rent money on something else though.

zenasfuck · 03/09/2017 14:39

There are some smug, heartless and cruel Cunts in here

How dare some of you question where ops mo et has been spent ? How dare you I get that she just doesn't give a fuck about paying her rent

Jesus !
Answer the question she asked and offer help of fuck off and post somewhere else. This lady faces being evicted illegally and all some of you can say is "you should have paid your rent"

Absolutely disgusting replies on here - and I'm a landlord

mydogisthebest · 03/09/2017 14:40

If I were the OP I would text the landlord setting out the legal position and making it clear that I will not be leaving just because he wants me to. I would also make it clear that if he does try and get me out/change the locks whatever I will be informing the police.

Just because he is a landlord does not mean he knows the law. He may genuinely think he can just order the OP to go or he may be calling her bluff.

Of course he may know very well what the law is but he needs to know OP is not just going to take threats from him

ThymeLordIsSpartacus · 03/09/2017 14:43

You said pay your rent and that you had no sympathy. Did you perhaps think that telling the OP to pay her rent was helpful advice that she hadn't already thought of? Of course you didn't, you just wanted to stick the boot in.

dolcezza99 · 03/09/2017 14:45

So why doesn't she just pay her bloody rent, for god's sake?

I'll tell you why, because she's clearly spent the rent money on something else, and then acts surprised when her landlord is pissed off. Did she think he was running a free hostel?

mydogisthebest · 03/09/2017 14:45

Totally agree zenasfuck. None of us know the OP's situation and, as you say, all she asked was whether her landlord can get her to leave with literally no notice.

mydogisthebest · 03/09/2017 14:48

dolcezza99, it doesn't matter what the OP has spent the money on or even whether she had it in the first place. The law says the landlord cannot evict a tenant without a Court order.

The landlord may well be pissed off but he has to abide by the law.

When he decided to become a landlord he should have thought of all scenarios, one of them being that a tenant (for any number of reasons) can no longer pay the rent.

Babbitywabbit · 03/09/2017 14:49

LL needs to go through the proper process. But I imagine you're fucked now in terms of getting another tenancy. No decent LL will want to touch you

pinkdonkey · 03/09/2017 14:50

I would think that if the landlord was to change the locks whilst OP was out that the police would then give him the option of giving her a key to the new lock or being prosecuted for illegal eviction.

OP I would inform your landlord that you have taken legal advice and will be contacting the police if he attempts to continue with this ilegal eviction. Ensure you keep written (email/text) records of your exchanges and offers to pay. I would also make sure that you have the cash that you have offered to pay with you so you can pay him this without needing to leave to get the money. Also ask for clarification which independant deposit security scheme you should be making the cheque for the deposit to. He doesn't get to hold onto your deposit in cash, that too is illegal.

You could also mention in passing that a friend/famiy member works for HMRC and was very surprised to hear you had to pay your rent in cash (theres no way he's fully declaring rent paid in cash on his tax return). But that might just wind him up further..

ThymeLordIsSpartacus · 03/09/2017 14:51

What a lovely person you seem dolce. I'm sure your contributions to this thread have really helped the OP.

Original poster

kubex · 03/09/2017 14:51

I appreciate the support and advice from everyone, and whilst advice such as 'just pay your rent' isn't helpful, I accept that I brought this on myself.

It was never my intention to end up in arrears. I moved in here after a relationship ended and was left with joint bills from that property that my ex refused to pay.

The last few months have been a struggle but as of Thursday I would have been sorted.

I just wish my landlord would give me another chance, even if I don't deserve it.

OP posts:

MrsSquiggler · 03/09/2017 14:51

Sure it's illegal. So what?

If the op arrives home and the landlord has changed the locks, she can

call the police who may prosecute the landlord
call the council homelessness team who may either be able to speak to the landlord and persuade him to let her back in, or put her up in emergency accommodation (if she leaves now, she may be regarded as intentionally homeless and not eligible for assistance from the council)
get an injunction to force the landlord to let her back in to the property - she may be able to get legal aid to do so
sue the landlord for damages for harassment and unlawful eviction. Some of these damages awards can be quite large.

dolcezza99 · 03/09/2017 14:53

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Babbitywabbit · 03/09/2017 14:54

I'm not sure what you mean by 'another chance' OP. If I were your LL i would go through the proper process and certainly wouldn't be threatening you. But I would definitely serve notice and write an honest reference for any potential future LL. Tenants don't deserve to be treated like shit but neither do LL

Original poster

kubex · 03/09/2017 14:55

Dolcezza99 I don't understand your last comment?

OP posts:

Original poster

kubex · 03/09/2017 15:06

Can anyone offer advice on what to say to my landlord regarding being given proper notice?

OP posts:

Muggymummy · 03/09/2017 15:10

Op he can't give you 24 hours notice. Tell him he needs to get a section 8 for rent arrears and take you court for eviction. Which won't be granted as by then you would be upto date and plus it has to be 2 months arrears before he can do anything anyway.

RonSwansonsMoustache · 03/09/2017 15:15

He needs to go to court and get a section 21 notice. Section 8 isn't applicable as you're not a full eight weeks in arrears.

Whatever you do - don't leave. He can't force you out and if he tries, he's acting illegally and you can call the police.

SantasLittleMonkeyButler · 03/09/2017 15:20

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

Gosh - I wonder why the OP didn't think of that Babs?

Because she doesn't have any money until Thursday!

SantasLittleMonkeyButler · 03/09/2017 15:24

Your LL has done you a slight favour by moving the illegal eviction from a Sunday to a Monday however... Hopefully that will give you the chance to take some emergency advice tomorrow, from the CAB maybe?

If you can get an emergency appointment, a call from a CAB Solicitor tomorrow reminding your LL of his rights should help. For the immediate term anyway.

He can still terminate your tenancy if he really wants to, but would have to go down the proper legal route - in which case you will have much more notice of eviction and time to sort out alternative plans.

dolcezza99 · 03/09/2017 15:25

She shouldn't have spent the rent money then Santas, should she?

Can't believe you're all defending her irresponsibility so much. I suppose it doesn't matter though, if she can be as irresponsible as she likes and the law will back her up.

perper · 03/09/2017 15:26

Text him very politely to say that:

You are able to pay him the deposit and £40 for last month now (and perhaps also say that if he sends you bank details you will make an immediate bank transfer)

You will pay him for this month on thursday when your pay comes through- apologise for the inconvenience and say you recognise you should have discussed the issues with your changing pay day with him before it was too late

Clearly state that you won't be moving out without going through the proper channels. He'll know what that means. If he pushes it, suggest he serve you with a section 21. (He'd be an idiot to at this stage as it'd cost him a bomb and you'd then be sure to stop paying- he's probably not that stupid).

Try your best to keep him sweet for the sake of a pleasant tenancy, but for god's sake don't cave and move out. Pay him ASAP, and you must pay on time in future (put aside some savings each month to build up a contingency fund). Do not spend your rent money! It may also be worth considering whether this rent is affordable for you.

Good luck

MrsSquiggler · 03/09/2017 15:30

You could say:

"I have sought advice and I understand that it is a criminal offence to carry out an illegal eviction without giving the proper notice as prescribed by statute and getting a court order for possession. If you attempt to evict me I will have no choice but to alert the authorities as I have nowhere else to go.

I really am sorry that I am behind with the rent and I will make sure that you get the money on Thursday."

You could send him a link about illegal evictions, eg.
england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction
or
www.gov.uk/private-renting-evictions/harassment-and-illegal-evictions

You could also call Shelter today for advice - their helpline is open until 5pm
england.shelter.org.uk/get_help/helpline

Make sure to keep a copy of your tenancy agreement safe - don't leave your only copy in the property as this might make it tricky to prove you have a lease, should he change the locks.

Witsender · 03/09/2017 15:31

What Perper said tbh. Presumably you had the money for deposit and outstanding £40 as you had intended to pay it, so he may well be placated by that.

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