Worried about DP.

[wannabedomesticgoddess]

I dont know what to do or how to help him.

We have had a really bad time this year, particularly since he lost his job in august.

I am due a baby in two weeks. We were illegally evicted from our house in august and threatened. We found this house, the LL agreed that we could move in without a deposit and then give him it when we could. We explained that we wouldnt be able to give it to him until atleast November because of the baby and benefits getting sorted etc.

He has been paid all the rent up to date as we get HB. But he has been texting all this week asking for the deposit because he "has a few weddings to go to."

DP has spent all night pacing. He is visibly stressed. Has hardly eaten. He is terrified that we will be illegally evicted again. I have tried to explain that we wont be because we arent behind in rent, and the deposit isnt for the LL to spend anyway so him asking for it is a bit off.

DP keeps asking is there no money to give him, as I look after the budgets, but there isnt. Im not prepared to leave us short and unable to feed DD in order to pay for the LL to get pissed at a wedding. He was told it would be Nov and it will.

Now DP is "going for a drive" and Im worried about him. Its just too much pressure ontop of the baby and the lack of money and the unsuccessful job hunt.

What am I meant to do? How am I meant to calm him down?

I dont think he does have to. We are in NI and the deposit scheme hasnt been brought in yet here.

But Im almost certain that he is required to put it into a high interest account. He definately isnt able to spend it.

Sorry xpost curious.

Our housing exec doesnt afaik run a deposit scheme.

We are due some back dated benefits and a maternity grant. Its supposed to be arriving today in the post, but we have been lied to by the benefit office for two weeks now so we cant rely on that. We are just praying we get that money so we can pay him and relax.

You would be ill-advised to give your landlord a penny more than the agreed rent unless you are given a signed document stating that he is holding x sum as a deposit returnable when you vacate the property subject to the usual clauses relating to damage to fixtures/fittings etc etc.

As far as I'm aware, HB offices do not become involved in landlord/tenant disputes and, earlier up thread, I advised you to make contact with www.shelter.org.uk in respect of your illegal eviction by a former landlord and this current dispute so that you can helped to frame a response to your present landlord's increasing persistent demands for a deposit after the event, as it were.

To avoid any confusion, I wish to make it clear that I haven't namechanged at any time on this thread and will continue to be izzyizin until such time as I adopt a Halloween guise which will be as soon as I can think of one.

You need a tenancy agreement and your deposit needs to be in an official scheme. Otherwise you are handing over cash with no guarantee of seeing it again, and he could enter the house while you are out, change the locks and leave your stuff on the lawn. If you can't prosecute the ll who evicted you with an agreement in place then you would get nowhere without one

I'm sorry - but this is total rubbish. Yes, the deposit needs to be registered, but no tenancy agreement is required if there isn't one. The law protects people who are paying rent automatically. They have a statutory periodic tenancy. If they found their belongings on the lawn without due process, the police could arrest & imprison the LL as it's a criminal offence & help the tenants get back into the property - or at least not stop them from breaking back in, as they'd have a legal right too. The doubt the court may have re: the previous LL won't be whether or not they had a tenancy, but whether they left willingly.

There's no need to panic the OP unnecessarily.

OP - you need to talk to the tenancy relations officer at the council. Your LL is now breaking the law by harassing you and could, conceivably be prosecuted. I expect they'd probably just write to him telling him to back off though.

Oh I thought that other poster was your halloween name. (must pay more attention)

Right now the baby is number 1 priority. Thats why we really are keen to just pay it. We dont have time or the energy to go all legal on the LL. We just want to be left in peace.

Our solicitor is dealing with the previous LL so thats taken care off.

Thanks for all the advice. Its much appreciated. I just hope we might get a change in luck. DPs health is suffering from all the stress we have had. I worry about him a lot. I panicked last night because he was worse than ever but I had to stay calm for him, I appreciate everyone who has replied and helped me stay calm.

sorry izzy, I will name change, I didnt realise there is another izzy, although name changing is getting hard without clashing with another poster

It isn't a question of 'going all legal' on the LL, honey. It's a question of what is right and reasonable and, having had your assurance that you will provide a deposit next month, the LL is being unreasonable.

Shelter's advice line can help you find the right words to use to the LL to keep him at bay without running the risk of alienating him by sounding officious or OTT.

I appreciate how tempting it is to simply chuck money at the LL when you get the necessary dosh, but you need to safeguard your interests and make sure you have legally binding receipt for your deposit otherwise you'll have no way of recovering it should the LL be as unreasonable when you vacate the premises as he's being now.

No problem izzywizzyisbizzy; this isn't the OK Corral and there's plenty of room in this town on these boards for any number of izzys whether they be in, out, busy, or otherwise engaged

I know. You are complety right.

But LLs in NI are running the place. I have only ever had one deposit back. They know that most people cant afford to go through small claims so they just make crap up and basically leave it not worth fighting for. I have never left a house in a state, or broke a contract.

We dont expect to get the deposit back anyway. Its just the way it is.

Poor you, last thing you need with the baby's arrival so imminent. The Landlord is really being a pain and frankly turning up and hassling you at the door does not sound much like the 'good guy' you think he is. I hope though that it is just because he has some temporary stress himself not because he is actually an arse.

I think when you talk to him you need to calmy reiterate that you are expecting money in November as you told him (but that you don't have it at present). That you will hand it over asap and when you do you, but would like to take the time to sign some kind of formal rent/ deposit/ tenancy agreement at that time, because you can't hand over a large cash deposit without something in writing and could he look into having two or three copies of that ready to sign by then.

Hope you can get it sorted before the baby arrives. Crossing my fingers also that something turns up workwise for your DP soon. I have no doubt but that the frustration of being out of work is the main thing feeding his stress and unhappiness.

Best of luck!

That's appalling about deposits in the North. Where I live (not UK) you have to give 3 months rent (!) as a desposit and it goes into a special jointly undersigned account in the tenant's bank (attached to their account) which they can't access without the landlord's signature. So they have to come to an agreement, but it is basically impossible for the landlord to just fasten on to it. I'm really shocked that it's seen as basically a 'perk' elsewhere.

To get back to the main purpose of your post, having a chat with Shelter may also help you find the right words to reassure and encourage your dp to hang on in there because you've got a lot to look forward to.

Well we just had a phonecall from the solicitors secretary.

The previous LL was in court yesterday for a preliminary hearing (is it right that we didnt need to go? Should we have been there?) and the judge has found him guilty of illegal eviction but still hasnt ruled on slander. Next week the judge will rule on any damages or penalties.

Does that sound right? DP took the call and he sometimes forgets bits when hes stressed. No doubt he will come to me later with a "oh yeah she also said..."

Also, what damages are usual for illegal eviction?

So confused by it all because we thought it was all happening next week.

No idea about damages, but maybe at least the equivalent of the deposit you paid in that previous tenancy. It sounds positive! I hope it delivers something. Surely if you had needed to be there that solicitor would have made that clear.

you need to get dp to a doctor to talk about his stress.

as it will only get worse when baby comes.
tell your midwife too what is going on.

Was yesterday's hearing in a criminal or civil Court of Law?

In common (civil) law, an order of damages for breach of contract is a means by which compensation for actual financial loss is awarded to victims. Hopefully, the Judge will award you repayment of whatever monies you've lost through being illegally evicted - deposit/moving costs/items you may have had to leave behind etc.

Over and above compensation for actual financial loss, Courts can award a sum by way of general damages for pain/injury/hurt feelings/loss of amenity etc to the victim(s), and exemplary (also known as 'punitive') damages which, effectively, punish the perpetrator can also be awarded to the victim(s) if the Judge sees fit.

If your former LL entered a guilty plea there would have been no need for you to attend the Court, but if he's been found guilty in a criminal Court of Law I suggest you get back to the solicitor who phoned earlier to ask whether the Judge is aware of the full extent to which you were left out of pocket and ask for a ballpark figure as to what you may expect by way of compensation/damages.

However, don't get too excited as the guilty party is required to pay any financial penalty/fine etc into Court and, as many defendants ask for time to pay, it can take some considerable time before victims are fully reimbursed.

OP - illegal eviction is considered an extremely serious offence. The penalties can be up to 5 years imprisonment and/or a fine up to £50k.

Your former LL will have to pay all court courts and a punitive fine. It's extremely likely that he'll also have to pay you compensation and without wishing to get your hopes up this is usually quite a lot of money - four figures.

Whether the arsehole pays up or not is another matter, but they're not going to let him get away with it.

Hope your DP is feeling calmer.

Ilegal eviction is a serious offence but from what the OP has said, it's not possible to determine whether her former LL made an appearance in a civil or criminal Court, Crikey.

If the latter, the Court may award limited damages to the OP but the LL certainly won't be ordered to pay Court costs and the OP may have to seek redress in the civil Courts in order to be fully compensated.

Sorry for delay. Had MW appointment and babys heart rate abnormally high. Have to go to hospital. Im 37+6 so will they induce me?

Is it the stress?

As far as I know it was in a civil court. He was convicted of threatening behaviour in a criminal court as that was the police who arrested him etc.

Have you spoken to your local council re paying the deposit? In England at least, there is a scheme whereby the council can pay the deposit (in some cases) as a bond and it goes into one of the deposit schemes that others have mentioned (ie the LL can't just run off with it). Not sure if the same applies in NI, but worth asking. I agree with others that you ought to get a tenancy agreement as well.

Hope all is OK with the baby and try to relax - you're doing a great job looking after your DH, but you need to think of yourself and the baby too!

Er no, Izzy most illegal evictions go through the criminal courts, since it's a criminal offence. - and most compensation orders come from there. But if libel is involved (a civil matter) then it's likely this case went through the civil courts. It makes no real odds either way.

It worries me that he wasn't prosecuted for illegal eviction - a more serious matter than threatening behaviour. It may be that there was a lack of evidence for that.

Either way, good luck.

As it happens it makes a lot of odds Crikey, but without being in full possession of all of the facts it's not possible to give opinion as to the likely outcome other than to caution the OP against expecting a large sum at this stage, or any stage should her former LL opt to declare himself bankrupt.

I suspect the hospital simply want you to have some bedrest while baby's heartrate is monitored over a period of time wannabe. Try to not to stress, honey, and try to avoid talking about this matter to dp - which shouldn't be difficult as you've both got far more important things to chat about

Thanks all. Back from hospital. Baby is ok. My pulse is raised but they dont know why.

Someone mentioned libel. That was also part of the case yesterday but we didnt get it. We arent hoping for any damages really. We were just really annoyed at the LLs actions and didnt want him getting away with it.

The threat was verbal. It was DPs word against his. So although the judge believed he had threatened us, there wasnt any proof to have him convicted.

Tomorrow we are going to speak to the LL here to explain that we will give him the money when we can.

Was the property you rented from your former landlord self-contained - i.e a house or flat - or were you sharing a property with him?