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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:
ferntwist · 03/09/2017 15:34

He cannot evict you without notice, especially if you've made reasonable steps to pay. The arrears are also relatively small. He would be acting unlawfully and he is harassing you by threatening to put you out.

Mummyoflittledragon · 03/09/2017 15:35

I don't know the rules for deposits for HMO's. Does the deposit need to go into a deposit scheme? I'd want to understand where my money was going before I just handed it over. And get a receipt for it. Consequently I wouldn't just send a bank transfer.

In addition to keeping your tenancy agreement safe, Id also keep the copies of receipts for rent paid safe, without which it's his word against yours.

mydogisthebest · 03/09/2017 15:37

RonSwansonsMoustache, he does not have to go to Court to get a Section 21 notice. It's not helpful posting information that is not correct.

He can issue a Section 21 notice which has to give at least 2 months notice that he wants the tenant out. If there is a tenancy agreement in place the Section 21 notice can only give a date that he wants her out 2 months after the end of the agreement.

If the tenant does not leave, and she doesn't have to, the landlord will have to take her to Court to get an eviction notice. If the Section 21 notice has not been served correctly the Court will deem it invalid. If the deposit has not been put in a scheme the notice will be invalid.

Even if the Court issue an eviction notice the tenant can still refuse to leave and the landlord will have to instruct bailiffs to evict.

GriefLeavesItsMark · 03/09/2017 15:41

Will people PLEASE stop giving 'advice' when they don't know what the fuck they are talking about!

Just because some of you appear to have been made angry by the op defaulting on her rent, does mean she can, or should be evicted. Tbh, landlord sounds like a fucking amateur, and is probably regretting his foray in to hOMe.

perper · 03/09/2017 15:45

Mummyoflittledragon Good point, thanks for reminding me- OP when you pay him the money for the deposit, explicitly ask when you will get the details of the deposit protection scheme it will be put under. He has to give you the details anyway, but by you explicitly asking he'll know that you are aware of the legalities and so he's less likely to try to pull the wool over your eyes.

If he says he just holds it himself with no deposit protection scheme, do NOT hand the money over and tell him that it's illegal (and get the hell out, tbh, because he would then sound like a nightmare)

MiniMum97 · 03/09/2017 15:50

Go to Citizens Advice tomorrow or call Shelter. Your landlord CANNOT evict you and you should not leave as you will not be rehoused as you will be considered to be intentionally homeless.

Citizens Advice or Shelter will help you speak to your landlord and tell you what to say. They may even call him for you. Go there/call first thing.

Cheby · 03/09/2017 15:56

Jesus wept there are some fucking heartless bastards on this thread.

You can spot the shit landlords a mile off. Amoral ethically constipated scum of the earth.

Any landlord who doesn't take a deposit, tried to evict someone by text at 24 hours notice and insists on rent in cash is dodgy as fuck and deserves to be screwed over. He's breaking tenancy law and he's almost certainly under declaring income for the purposes of tax evasion.

Good luck OP; speak to Shelter and the council. You do not have to put up with this.

CotswoldStrife · 03/09/2017 16:02

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.

No he hasn't. If he'd taken a deposit and not put it in a scheme that would be breaking the law. There is no legal obligation to take a deposit and as the LL hasn't, he hasn't broken the law here!

OP, I do think long term it would be better to move elsewhere because the LL's trust in you is long gone. Legally the LL does need to give you more notice than he has though - how much longer does your tenancy have to run? He can give you notice to quit at the end of it and I would make every effort to pay on time because you're not going to get a good reference from this one and it will make it difficult to rent going forward, unfortunately. Is there any way at all that you can get the money for tomorrow?

specialsubject · 03/09/2017 16:02

Moving away from the op, what is repeatedly clear is that despite all the information being readily available to anyone with internet access ( and without) so many remain utterly clueless on rental laws.

Rachmann has been dead 60 years but many still seem to think that tenants have no rights.

The landlord is clearly all kinds of wrong. And stupid - he is now up for all sorts of trouble. If he knew what he was doing he would realise that eviction is a last resort due to the cost and time taken.

CotswoldStrife · 03/09/2017 16:05

Eviction is the only thing a LL has when the tenant doesnt' pay, though! Even then the law allows them to stay in the property while you go through the channels!

Ginoholic · 03/09/2017 16:07

dolcezza99 if you RTFT you will see that the OP hasn't spent the £150 and the £40, and has offered to pay that today and then the rent for this month on Thusday.

AdalindSchade · 03/09/2017 16:07

THIS tenant is about £380 in arrears. How much do you think it costs to take a tenant to court?

Bluntness100 · 03/09/2017 16:28

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*

Yes I'm sure he is shitting himself at the thought of it. And texting him her rights and that she will call the police if he attempts anything will really make him think twice, not more determined to wait till she's out and turf her and her stuff onto the streets. Hmm

Bluntness100 · 03/09/2017 16:29

THIS tenant is about £380 in arrears. How much do you think it costs to take a tenant to court?

She's 530 in arrears as she owes the deposit too.

AdalindSchade · 03/09/2017 16:32

Nope. The deposit is not arrears and it is the tenant's money even when held in a scheme as a deposit. The landlord chose to let her move in without a deposit. That is not arrears.

Babbitywabbit · 03/09/2017 16:56

God there is some shit advice on here. The LL isn't breaking the law by not taking a deposit. A LL is perfectly at will to take a tenant without a deposit. If they do take
One it needs to be held in a deposit protection scheme.

If I were the OPs LL I'd be treading carefully to ensure I serve notice absolutely to the letter of the law. The threats to get the OP out are awful. But frankly the OP is likely to be screwed trying to find somewhere else decent after this

FallingOrbit · 03/09/2017 17:03

Eviction is the only thing a LL has when the tenant doesnt' pay, though

In extreme cases, yes - but surely this hardly qualifies as extreme? She is a bit behind with the rent, and needs to sort the deposit out. She has assured the LL that she can clear up the arrears in full in a matter of days.

notanotherNC · 03/09/2017 17:07

Stop taking the piss!!! It is people like you that give tenants a bad name.

Bluntness100 · 03/09/2017 17:07

If I were the OPs LL I'd be treading carefully to ensure I serve notice absolutely to the letter of the law

Why? Genuinely why? He really probably doesn't give a flying shit. The police are highly unlikely to prosecute as it's her word against his and she can't afford to sue him, he will just turf her out and make up some story. Really the only one with something definite to lose here is her.

FallingOrbit · 03/09/2017 17:15

it's her word against his

Not entirely. She has a written tenancy agreement and written correspondence between her and LL in the form of texts which includes a promise to pay this Thursday. I agree that the plod would be unlikely to prosecute the LL, but if it were to end up in court I'm 99% confident they wouldn't side with the LL.

Nuttynoo · 03/09/2017 17:15

If it's a standard contract and you haven't paid your deposit he can kick you out.

MassDebate · 03/09/2017 17:18

Sorry to hear you're in this position kubex. You've had some good advice here from MrsSquiggler and others (awful advice from a number of others who clearly have no idea about tenancy rights Hmm). Hope you get it sorted - the CAB or Shelter should be able to advise you further if you need it. Short point is you do NOT need to leave (and should not). I'd be asking the ll what scheme your deposit will be going into too Flowers

MrsSquiggler · 03/09/2017 17:19

her word against his
OK, it may not be the top priority for the police, but not due to lack of evidence - there are the text conversations, for one thing

she can't afford to sue him
Legal aid would be available

Bluntness100 · 03/09/2017 17:23

Falling, agree. My point is none of it helps her when she's on the street, and some landlords are ruthless. It seems this landlord is one of those, he's no longer fucking around. If he wants her out, he will get her out and all the rights in the world isn't going to change that unfortunately.

If was her I'd be llooking for alternate accommodation quick smart, because unless he backs down and waits for his money, then it's odds on she will be out on the street first opportunity he gets and she's about to be made homeless.

Justaboy · 03/09/2017 17:33

Well what a palaver! How did it get to this that you are Two months behind rent wise and with no deposit paid?.

No wonder the landlord is getting agitated. I'd call him and tell him that you can have it all paid by Thursday and then if not move out.

Seems the normal way of doing these things has gone a bit out of the window by the look of it! I expect that the LL is new to the game or has very little experience.

I've had tenants in arrears in the past but one for instance, she has said that she will be late told me the reason why told me the date it will be paid and then she does just that there's a high degree of trust there.

Woman in question is a very hard working single mum who has her act together! Quite some admiration of how she copes with it all after her toss-pot husband left her

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