Can a dodgy landlord do this?

[TrishIsMySpiritAnimal]

So my Aunty rents, and she has had chemotherapy recently which obviously required time off from work. She didn’t get paid after so long so she fell behind with everything - including rent. Her landlord was patient to a point, as she tried all she could to scrape it together but it’s hard when you’re that ill, but on the 1st of this month because she was 2 months behind her served her with a section 8 notice, asking her to be out by the 15th.

Luckily that day she got a grant from a charity to cover her debts from being off sick so she paid off every penny. She is now back at work and no longer in arrears.

However - her landlord has sent her an email today, in response to her saying she can’t be out by 15th November, saying that unless she pays 3 months worth of rent to him by the 15th, he will be evicting her. If she DOES pay the 3 months, he will ‘only’ give her a section 21 so has 2 months to get out.

This is dodgy AF right? I assumed the section 8 was invalid now she’s paid but he has put discretionary ground son too of ‘persistent late payment’.

Any advice would be most welcome. All the helplines are closed now

God I’m with her now she’s in tears - he’s sent some fucking nasty emails saying in capitals I EXPECT YOU TO BE OUT BY NEXT WEDNESDAY IF YOU DO NOT PAY THE MONIES REQUESTED BY THEN

Is there no Ombudsman I can report this fucker to?

Try not to panic, and get the locks changed!

The only reason a tenant HAS to leave a property is on the receipt of a valid court order

The door can go on a snib - that’s what we’ll be doing tomorrow!

Thank you - I knew this was still the case but when someone is articulate and confident with vulnerable and quite naive people like my aunt you do find yourself second guessing!

Suggested response:

Dear landlord

You have no grounds to require me to leave the property. I am no longer in arrears of rent. I will not be leaving on (date). Neither will I pay any rent in advance as requested.

yours sincerely

Aunty

Well I had a big waffley reply typed out but this is much better 🤣

Ive just text him to say don’t turn up tomorrow you will not be let in.

We are having fun now property shopping on right move! She has a housing assessment on Tuesday though I have said it’s maybe easier to get social housing given we have no idea what direction her health will take in the future

He also said in his email “This is your last chance to keep me happy”. I mean how creepy is that.

Why aren’t landlords regulated?!

Some people are awful. He hasn't got grounds for anything and she should not let him in. Maybe she will find somewhere quicker and can be rid of this git, but she certainly doesn't need to be uoset, next weds is as likely as me winning the lottery twice in two weeks.

If aunt is 55yrs+ she may qualify for sheltered housing, it tends to have no waiting lists and LA can refer her in.
she can apply to any LA she has connections with.

You need to speak to www.shelter.org.uk for advice.

The problem is that LL's like him will be the only ones left soon.
We had the tenant from hell. Lost rent and damage cost over £20k.
And we were model LL's.

There needs to be more protection on both sides.
I hope your aunt is OK, he sounds nasty.

This is not the best place for advice.
Help from Housing Aid or whatever the Council service is called, or a solicitor, or Citizens Advice would be much better. Yes you will have to persist, but they have the experience.

She’s six months off! Bless her

I fear you’re right.

I was a model LL and only did it because we lived abroad and couldn’t afford to pay mortgage at home. Our tenants missed rent but I certainly didn’t behave like this.

She should let the council know if he continues to threaten her or if he tries to unlawfully evicted, as they usually prosecute for the latter and if he also owns HMOs he could lose his licence.

Contrary to popular belief a landlord is allowed access on reasonable notice for an inspection (provided he hasn't recently done one, or if he had there weren't issues that needed checking up on - because that would be unreasonable).

So if he wants access, she should give it to him at some stage but I agree he sounds aggressive and creepy so it would be good if they could arrange a mutually convenient time when she can have you (and maybe a male) present.

I hope everything goes OK.

@TrishIsMySpiritAnimal

Get your Aunty to contact her local council in the morning. There should be a housing advice/support service, or perhaps it'll come under Environmental Health, and tell them she is threatened with illegal eviction.

They should be able to offer some help, even if it's just over the phone x

Contrary to popular belief a landlord is allowed access on reasonable notice for an inspection (provided he hasn't recently done one, or if he had there weren't issues that needed checking up on - because that would be unreasonable).

Landlord can only access without notice in respect of emergency eg fire, gas leak or escape of water. Otherwise LL can request access by giving 24 hours notice but this request does not have to be agreed by the tenant whose right to quiet enjoyment is paramount. Of course if tenant is awkward (about anything) then LL can just issue s.21 Notice so some discretion is required

I highly recommend 55+ social housing. 6 months off is fine she would still be eligible most have leeway especially if you show the messages from current landlord

UPDATE

Managed to keep him away from the inspection.

Spoke to him this morning and he said “This Ian going the way it should”. No because you’re trying to illegally evict a woman with fucking cancer and she’s not leaving you nob!

Why the hell is there no regulator for landlords in England?!

No regulators but the council may be interested.

Hopefully he'll stay away until she can leave on her own terms.

As for this: Otherwise LL can requestaccess by giving 24 hours notice but this request does not have to be agreed by the tenant whose right to quiet enjoyment is paramount
Wrong in law. Even Shelter recognise that landlords can have reasonable access as per tenancy terms or impliedly.
landlords can inspect their property, either on occasion or because they have cause to do so Eg reports property damaged.
However that right of access is only enforceable by a court injunction.

Report him the council and possibly the police if the email are that nasty

Is her deposit protected in one of the official schemes?

Yes, the law is that a landlord can’t access a property without permission, but that access is not to be reasonably denied.

My last agency did three monthly inspections which was awful, they did say in their emails that if you did not respond to the request they would use their keys to access the property, which would have been legally very dodgy, but likewise you will be on dodgy ground if you deny access without good reason - certainly in breach of contract which stipulates this.

Only a court or a tenant can legally end a tenancy. Contact SHELTER: https://england.shelter.org.uk/get_help