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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:
FallingOrbit · 03/09/2017 17:33

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

^ Not the brightest.

NO - he CAN'T. He allowed her to move in without paying a deposit, have you read any of the thread? I realise it's getting a bit long now but a quick skim would have given you that info.
There is no requirement that he even take a deposit at all but if he does then it has to be held in a deposit scheme and the money belongs TO THE TENANT not the LL.

reetgood · 03/09/2017 17:41

There is some terrible advice in here. Please speak to shelter or cab tomorrow. Evicting you would be illegal. Whatever the reason for late payment doesn't make it less illegal! I also question whether your landlord has properly registered the house as an hmo. He would be ill advised to follow this course of action, I can't believe anyone would be that daft so sounds like he's trying to force the rent to arrive

rwalker · 03/09/2017 18:15

adalin the opposite of been shit in business as a LL you have to be right on top of any arrears. Due to the fact the courts system takes months you need to deal with this straight away . if someone stops paying it cost you thousands to evict them and takes on average 4-6 months to get possession of your property back. No income no mortgages paid and all your other tenants at risk of loosing there homes because as a LL you have not kept on top of your incoming rents. look at it another way how would you feel if your boss said they would pay you when they can afford it rent is LL wages .

FallingOrbit · 03/09/2017 18:26

cost you thousands to evict them and takes on average 4-6 months to get possession of your property back

Quite. So having taken into consideration the OP's circumstances and promise to pay this coming Thursday, which you undoubtedly have, would it not make better all round sense for LL to give her just a few more days to settle all the arrears in full?

zoobaby · 03/09/2017 18:48

It's all a bit suspicious. Is it legit or a bit dodgy?

Paying in cash. Hand written receipts. All the rooms rented separately. Pay the deposit at a later date, owe a little bit extra here and there etc.

I know some people are "old school" but it sounds generally suspicious (from your limited disclosures, happy to be corrected).

But on that assumption, I don't think your LL is new to the game or naive as some PPs suggest. I think he knows exactly what he's doing, and I'm pretty sure this is how he runs his "business". He'll probably have a new tenant lined up, or have someone very quickly. Either that or he doesn't declare his income from the property and everything is done unofficially (and therefore conducted illegally).

Have a look around your property OP... are there working smoke alarms? Is there a communal living area other than the kitchen? How many people in how many rooms? How many bathrooms? Is everything in good working order, no damp etc?

There are very strict rules in regards to HMOs for very good reasons (safety, overcrowding, etc) and a lot of the London boroughs now require HMO LLs to be registered. Whatever happens, consider reporting this person to your local council.

Jux · 03/09/2017 19:41

We have a basement flat which we rent out. The worst thing a tenant can do, in our opinion, is to not communicate with us. If you had let your ll know that you had changed jobs and your payday had changed, you could have negotiated how to sort that out between you along with the non-payment of deposit and the arrears. I know that all you would have had to do with us is talk to us.

This advice is too late for this time, but for next time this happens - warn your ll there are problems, keep those channels of communication open. If your ll knows what's going on they are far more likely to be parient and flexible.

As for now, I have little idea of how you can handle this without making it worse. Apologise apologise apologise. I wouldn't tell him now about his legal position, that's likely to get his back up and make him more determined to follow through.

GriefLeavesItsMark · 03/09/2017 20:17

It is a criminal offence, the cops will be the ones to prosecute; and judging by what the op says, the ll would be reluctant to draw the attention of ''officialdom' towards his business dealings. I.e., does he have landlord's insurance, are any lenders aware it is an hmo, is it licenced (if needed), has income been declared? Are the proper safety measures Tec.

If he hasn't, and he evicted me illegally, I'd be on the phone to everyone I could think of to cause a shit load of trouble.

GriefLeavesItsMark · 03/09/2017 20:22

That should be cps, not cops. Fucking auto correct.

Willyoujustbequiet · 03/09/2017 21:31

Some terrible incorrect advice on here.

Legally he CANNOT get you out without a court order. If he tries call the police.

GardenGeek · 03/09/2017 22:15

This reply has been deleted

Message withdrawn at poster's request.

PoppyPopcorn · 03/09/2017 22:46

Legally he CANNOT get you out without a court order. If he tries call the police.

I think you're misunderstanding - what posters were saying that some landlords who are dodgy know the law but disregard it, choosing to deal with the consequences at a later date. If OP heads off to work, comes home to find the locks changed and her stuff on the pavement yes of course it's a legal eviction and yes of course her landlord could be charged with whatever and fined, but that does not help her at that point. She's still out on the street.

Brahms3rdracket · 03/09/2017 22:47

The deposit is immaterial, a court order is still required to begin eviction procedures when in arrears. Without a legal eviction notice awarded by a court any eviction is illegal regardless of what is stated on your tenancy agreement. You don't even need a written contract, as the courts assume you have all standard short term tenancy rights with a verbal agreement.

Bluntness100 · 04/09/2017 12:20

Op, how are you today? Have you been able to move forward any?

Original poster
kubex · 04/09/2017 12:49

Thank you for thinking of me Bluntness100

I finally managed to get through to the Shelter advice line this morning - the told me that my LL behave our was out of line and that he was trying to illegally evict me.

I messaged him afterwards, explaining that I had been explained my rights, he would receive full payment of arrears on Thursday morning but I would not be moving out unless he followed the correct procedure.

He sent a few angry emails telling me I had until 5pm to be out or he would 'get me out', to which I replied saying that I would be calling the police.

He didn't respond for 1.5 hours then sent me a message saying that as long as the arrears were cleared by Thursday and future rent was paid on time, I could stay!

I can't even tell you how relieved I am.

OP posts:
redfragglebiker · 04/09/2017 12:51

@Kubex - So glad for you!!

ThymeLordIsSpartacus · 04/09/2017 12:53

Really pleased to hear that you sorted it kubex.

reetgood · 04/09/2017 12:54

Yay for good advice. Good for you for standing your ground. Get yourself up to date on thurs (and make plans to avoid this happening again! It was a great wake up call for me when we got into this situation a few years ago. Made some changes, never been late with rent or then mortgage since).

mydogisthebest · 04/09/2017 12:55

That's good to hear Kubex. Your landlord sounds an idiot.

Hopefully you will pay him on Thursday but if, for any reason, you can't please don't let him bully you into moving out. He has to follow the correct procedure

InfiniteSheldon · 04/09/2017 13:01

This reply has been deleted

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

Bluntness100 · 04/09/2017 13:03

Well done op. That's good news...💐

Whinesalot · 04/09/2017 13:09

Glad it's now ok but from now on please make paying the rent on time your priority.

Justaboy · 04/09/2017 13:11

Well get him paid up and keep up your rental payments and perhaps he'll be a bit more reasonable in future!.

Its sometimes not that much fun being a LL when you too have mortgages and the like to pay and there're not the most forgiving people either!

SusannahL · 04/09/2017 13:11

Well please make sure that you really do pay all outstanding rent and deposit on Thursday.

Your landlord will have heard all these 'oh I can pay in a few days' excuses before, unfortunately, so that's why he had to be tough with you.

Now you have to make sure you keep your side of the bargain.

My husband and I are landlords, and we have bills to pay on time too you know.

fridgepants · 04/09/2017 13:19

This reply has been withdrawn

This has been withdrawn by MNHQ at the user's request.

reetgood · 04/09/2017 13:24

@susannahl he wasn't tough, he threatened her with illegal eviction. That's not an acceptable way to collect rent arrears.