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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Landlord illegal eviction

21 replies

Italianmamami · 18/09/2022 21:07

So my landlord has done so many illegal things throughout my tenancy and the house I rented was shocking. I’m talking ceilings near the French windows coming through and mushrooms growing from the ceiling. Well I was in the middle of moving the other day and took the first lot of items out but was waiting for a parent to go round that night and unplug the washer and dismantle the wardrobe etc ready to hand the keys back next week. Well my landlord has gone in and changed the locks and binned my items on the front and smashed up items of furniture, ripped down curtain poles and kept many of my more expensive items like the washing machine, wardrobe, my autistic child’s Lego and toys and clothes. He has even kept curtains and a water machine. As well as our outdoor play items. He won’t let me collect the items and the police despite being called three times and him being warned to stay away from me, they are dragging there feet. I don’t know what to do as I need to access my items but he is keeping the expensive ones and binning and smashing up so many. He’s an extremely malicious. Him and his wife are very abusive and the fact that she admitted to storming , it’s very frustratingly

OP posts:
oatmilkicedchai · 18/09/2022 21:30

Did you press send when you were still writing OP?

Newrumpus · 18/09/2022 21:30

If it’s your home can you force entry? If you are still the legal tenant, it is still your home. Therefore you can’t be charged with breaking and entering. Instead report HIM for breaking in and destroying your property.
I don’t know about the legalities but my sense of justice would want to take this approach Do you have any large strong friend who can
help you out?

UghNoTime · 18/09/2022 21:45

Did he serve you notice or were you moving at the end of your tenancy? We're you fully paid up with your rent?
Have you lots of photos?
Did you rent direct from him or through an agent?

Italianmamami · 19/09/2022 08:49

He served me section 21 which was due to expire at the end of my tenancy on the 4th of October. Him and his wife have followed me on the bus and even watched me ordering a takeaway treat in the early hours of the morning whilst I packed. His wife is under a visa so I wasn't sure if this also falls under immigration to act as she has admitted stalking me which is a criminal offence. He has damaged all of my items chucking them on the front, blocked my number so I can't contact him to arrange collecting my items. Chucked some in bin bags on the front but more worryingly my autistic child can access his lego which he uses for sensory play and he is really struggling with the house move as it is. I've reported my landlord for harassment previously as he was stalking me and he was brought in for an interview but has still continued despite the police advising him to not stalk me. My local council have allowed him to get this far and he has kept all of the expensive belongings. The police have stated I have to wait to make a statement and they will be going to see my landlord but in the mean time he is stealing and damaging my items. It was an advert on Facebook and he has this pattern of behaviour. He did it with the last tenants and also all of the neighbours have taken a dislike to him and are aware of his behaviour. The house was full of mold, what little items I had from the kitchen were mostly binned due to the mushrooms growing from the ceiling. The council just advised me to pull them down.

OP posts:
Fireyflies · 19/09/2022 08:54

The police should absolutely be helping you get access back into to your home and also charging the landlord with breaking and entry and criminal damage. A tenancy ends only when the tenant hands the keys back (even if you don't go by the date on your notice) and I presume you'd not done that. You could try calling Shelter for advice or to advocate to the police on your behalf.

Fireyflies · 19/09/2022 08:56

When you speak to the police, focus entirely on the lock change and damage/theft of your belongings. Don't bother mentioning mould etc as that isn't really the issue for them to get involved in right here right now and risks clouding the big criminal issue.

Porcupineintherough · 19/09/2022 09:00

What an utter bastard. Calling Shelter for advice is a good idea and keeping on at the police. But ultimately, it's legally your home so you can force entry if necessary. Then take the bastard to small claims for the cost of a locksmith plus any damage/loss of possessions.

It may not feel like this but the law is 100% on your side.

KikoLemons · 19/09/2022 09:07

A horrible situation OP. As others say contact Shelter or Citizens Advice.
Is your rent fully paid up to 4 Oct?

UghNoTime · 19/09/2022 14:47

Is is behaving like that because you owe him rent? It's still completely outrageous behaviour and no excuse but it might explain his craziness.

Italianmamami · 20/09/2022 09:04

The rent is paid up until last month as universal credit stopped payments as the landlord kept saying there was large amount of rental arrears and each month I have proved with bank statements he was lying as he wants me to pay for the electric works and certificate he never did before I moved into the property, he is also in a lot of debt. The council were due to do a duplicate payment this month but no idea if they will do that now with an illegal eviction. Him and his wife have been warned previously about stalking me and harassment and they have continued despite the police bringing them in for an interview. I’m going to try shelter today as my council aren’t doing a great deal despite having the powers to do so. I also don’t have the money to replace of my items that he has kept and also the ones damaged

OP posts:
UghNoTime · 20/09/2022 13:48

Hope shelter can help you. They are usually very good.

UghNoTime · 20/09/2022 13:49

So how many weeks had he not been paid for. I guess that explains but doesn't excuse his behaviour.

Cigarettesaftersex1 · 20/09/2022 13:52

UghNoTime · 20/09/2022 13:49

So how many weeks had he not been paid for. I guess that explains but doesn't excuse his behaviour.

None if you read the OP's post, she clearly says she has bank statements to prove there are no missing payments

The rent is paid up until last month as universal credit stopped payments as the landlord kept saying there was large amount of rental arrears and each month I have proved with bank statements he was lying

UghNoTime · 20/09/2022 16:08

@Cigarettesaftersex1 I did read the OPs posts. 💁🏻 She said paid up until 'last month' so that could be that he's missing a weeks rent or maybe 7 weeks? That why I asked the OP to clarify. Like I said it doesn't justify the landlords behaviour but it might explain it.

Fireyflies · 20/09/2022 23:46

If you're on benefits and get behind with rent the landlord can apply to get the rent deducted from your UC payments and paid to them direct. Sounds like the landlord has tried to do that here. But if the rent wasn't in fact in arrears (and OP has proven this to the UC people) then they may end up not paying it so it could be still owing. But the current thing to do as a landlord in that situation would normally be simply to knock it off the deposit. Definitely not an illegal eviction.

user1471465329 · 21/09/2022 00:14

You could contact and join a renters union if there's one local to you. There are some details here: england.shelter.org.uk/housing_advice/eviction/how_renters_unions_can_help They're set up to help people in exactly these kinds of situations.

Good luck solidarity to you OP

Italianmamami · 21/09/2022 04:50

Confirmed with us they sent the payment so he is only the usual 4 weeks in arrears because the council are making the payment with me moving out of area. I'm not sure they are going to do this now with the illegal eviction and I'm trying to find an answer on it but no straight answer from anyone.

OP posts:
scrufffy · 21/09/2022 04:52

But you're supposed to pay your rent in advance, not in arrears?

scrufffy · 21/09/2022 04:53

Not that he's done the right thing in the rest of how he's behaved, but technically on that he could be correct.

IhateJan22 · 21/09/2022 04:55

Contact Shelter, they will help you.

Did you pay a deposit? I’m guessing he won’t of put this in a deposit scheme. If not you can apply to the small claims court to get up to four times the amount back.

Zebedee55 · 21/09/2022 06:29

Shelter are very good, but this site (Money Saving Expert), has a housing thread that is full of experienced landlords and tenants - and they know the law, with what you/landlord can and can't do.

It might be worth putting a post on there as they will be able to advise you with how to proceed.

forums.moneysavingexpert.com/categories/house-buying-renting-selling

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