Dispute with landlord

[BellaBells]

My mother, myself and my 4 monto old DS are renting privately. We found a property on Gumtree from what seemed to be a nice, normal couple. We paid our deposit via a tenant deposit scheme (due to not being paid back our deposit previously for silly chipped paint etc) and the 1st months rent part cash part cheque- landlord was fine with this. Unfortunately the cheque bounced, my mother issued another cheque and this too bounced. This is because my mother gets dividends from a shop she used to own, the payment arrived late which resulted in landlords cheques bouncing. We both apologised profusely and the landlord agreed we will come to an arrangement. The next day landlord and wife come to the property and start aggressively shouting at me, as I was holding my baby I ask them to please leave or allow me to leave (I was on my way out and they blocked the entrance) they continued to verbally abuse and the husband very nearly hit my DS. I notified police who advised me to call 999 if this happenes again. My mother later gets an email telling us to leave the property by the NEXT DAY. I am no lawyer but I know this is not legal. I have looked on shelter website and it has said he has to give us 3 months notice, go to court etc. But for some reason he won't go down that route and instead comes around everyday and even waits for one of us to enter the property to hound us about leaving. I can understand his frustration but we have said to him that we will leave if he wants us to but to do it properly ie 3 months time. Now the issue is the contract which he drew up hasn't been signed, as he said he wanted to wait for cheque to clear first. I have read online that a tenancy agreement can also be oral. Is this right? Can he just chuck us out? Can he keep coming around and harassing us? I have left a voicemail with a solicitor but am awaiting their call. We are both too frightened to stay in the property alone or to even come back in case he's lurking outside! Why doesn't he just give us a written notice with 3 months notice instead of harrasing 2 woman and a baby everyday?! We have emailed him several times explaining this and to also put everything in writing to us and to not come around... He doesn't listen!!! So sorry for the never ending rant

He can't throw you out without proper notice, he can't enter and change the locks or anything.

But you do need to pay the money you owe.

And you call the police if you are threatened or harassed in any way.

You have a right to quiet enjoyment and he has to give you notice to come round. I suggest you ignore him if he comes round, don't answer the door. If he starts swearing or is abusive and you can hear him outside call the police.

It's not clear whether you have paid him yet from your post - have you only paid a deposit and no rent so far?

Oh forgot to add that we are now hesitant to pay because there is no heating in living room, it's colder then ice. The lights in the kitchen dont work and the shower is merely trickling now

You need to get those things sorted but you MUST pay your rent - have you told him those things are not working - were they working when you moved in??

He has to have a chance (and access) to fix them too.

You need to pay him. Why do you think it's ok not to? I can understand his frustration with you but, of course, he shouldn't be intimidating you.

It sounds as though they desperately need your rent money. Pay it or get out immediately.

If the house needs work done then that is a separate issue. Pay first and give your notice. Renters like you really piss me off. Why should they accept your excuses?

They're out of order by threatening you but you are also out of order by giving them cheques that have bounced. There is no excuse. They aren't renting out of the goodness of their hearts. I would be seriously pissed off if our tenants bounced a rent payment and if it was the first payment I'd be having second thoughts about renting to them.

So, start by paying them the rent you owe. Then talk to them about the stuff that needs to be fixed. If they threaten you again call the police.

1. TA can be oral
2. Pay the rent you owe or else the LL may begin possession proceedings
3. Whatever your circumstances the court has limited powers/sympathy for non paying tenants
4. See citizens advice bureau for further advice - it's free and they deal with these issues everyday

I completely agree that we are in the wrong for the cheques bouncing and I too would be really pissed at tenants like us, but we apologised again and again and he agreed we could pay next week when we had the money. But then it seems his wife wasn't happy about this so marched him back to get us out immediately. This is what upset us and his and his wife's behaviour towards me and my DS. We have not yet paid him as we are now no longer on speaking terms, solicitors have taken charge. We want to pay him obviously but we also need heating and he hasn't shown any willingness to fix this, even when once paid... Catch 22! Thanks everyone for advice

But you can't say that, he could equally say he won't fix the heating until you've paid.

Do you really think he should offer to come in and do repairs when you haven't even paid your rent yet?

Pay him, you need to if you want to stop him seeking a possession order which could have you out before Christmas. Then tackle the no heating.

And you really need to call the police if you receive threats.

You've left a message with a solicitor, not instructed them have you?

You'd be better paying your rent than paying solicitors. I work with someone whos a landlord and she got a possession order within a week.

It is possible that he could refuse your money and still seek the order. If he does you MUST go to court, the judge will be more likely to be sympathetic if you turn up.

You have to pay your rent.

The landlord is not your benefactor. If my tenant could not pay even the first months rent, I would also give notice, and start eviction proceedings.

Apologies will not pay his mortgage. No rent from you possibly means that the landlord cant pay the mortgage on the property, and you are putting him in arrears with the bank! You are quite possibly causing him serious trouble!

You seem to expect the LL to behave with benevolence towards you - and you have not yet done anything to elicit any goodwill.

The house owner must be terrified that their property is now occupied by tenants that will not pay.
You say that you are going to pay, but you are virtual strangers to each other, so I can understand why he is so worried.

He cannot come round and harass you, so call the police if he does.
But pay your bloody rent!
This will instill the LL with some confidence in the tenant/LL relationship, and hopefully everything will calm down.

Before we had the issue of rent I called the LL and asked him to come and fix the heating, he did come around and merely said that I should put some tape around the windows... That is not acceptable when I'm paying 620 a week. His wife was even shocked about the coldness, we cant use the living room at all. This was last month when the weather wasn't as bitter as it is now so we didn't feel the coldness we are now.
Again I agree we need to pay and we are willing, LL initially agreed on a date to pay him but then went back on his word and turned very aggressive- This is my point, I'm not trying to evade paying him it's just wrong the way he handled the matter and that he can say one thing but do another. And given that I have a 4 month old heating in the winter is a MUST, not just DIY with masking tape. I rented out a property and had tenants who refused to pay because the shower door was slightly wonkey, I do not think I am being unreasonable in regards to the heating. And I'm sure if anyone of you were holding your baby and a much larger man became aggressive you too would put your back up!

There are so many issues here.

You need to see CAB, ask them to help.

You dont have a contract, you owe money, you have no heating. Why not just leave?