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View Full Version : help!!Unlawfully evicted and harrassed



aye5ha4u
12-10-2005, 14:57 PM
I have paid our previous landlord her final months rent through our bond of £1100 th rent was £1000a month. We had no choice as she wanted us to leave after thinking of selling the property which put us in a bad state.We had paid her up till the 14th of 0ctober 2005 but due to her harrassment and threats moved out of the property on the 1st of october for one to get away from her and two get the property cleaned etc an also we had to collect left over items.

She reckoned we were going to do a runner not get the property cleaned when we wrote to her saying property will be cleaned and keys will be returned on the 14th october.

The minute we moved out the property she entered the property changed the locks and threatened us with the solictiors she also opened up our post and threatened to distribute our personal details and wanted £400 in cost for outrageous things.

We have been through hell with this woman even till now she is abusing us please help dont know what to do please help me. :(

mjpl
12-10-2005, 15:03 PM
I am afraid that you need to provide a lot more information before we will be able to give you any kind of sensible response.

Please can you post your query in point form if possible giving a clear explanation of the Landlord's behaviour.

Grange
12-10-2005, 15:17 PM
We have been through hell with this woman even till now she is abusing us please help dont know what to do im at the edge of suicide its that bad please help me. :(

May I suggest that you put it down to experience.

1. Go to the post office and pay for 12 months' mail forwarding (£50 or so).

2. Go to the pub and thank your lucky stars for an easy escape. Forget about that deposit if fighting for it makes you ill.

I'm not siding with your landlord, merely trying to suggest how best to extricate yourself from your problem without stress.

aye5ha4u
12-10-2005, 15:27 PM
I moved to chatham in kent and going through hell with my landlord

1.She wanted us to leave by the 14th was cause she told us she wanted to sell the property. The property will be cleaned and keys returned by14th october.

2. We have paid her rent of £1000 from our £1100 bond she had in up till the 14th of october.We had no other way as she had put us in a bad state so she acceppted it.

3. Due to having to need to clean the property and due to her abuse and threats moved out on the 1st of october hoping to return the following week to clean and collect other personal belonging left behind.

4.She on the 2nd of october around that time left three threating voice messages entered the property changed the locks told us to never to return or she will call the police.

5.Receive threating letter which she wrote she will go to the police she reckoned we did a runner although our last letter we wrote to her on the 15th of september states we will return keys,clean the property give new forwarding address etc by the 14th of october the day our tenancy aggreement finishes.

6.Returned post to new address received open.

We are really going through hell please help us :(

Gailforce
12-10-2005, 15:32 PM
From what I can gather, it would appear that you used the deposit as your last month's rent. The deposit is retained against damage against the property and shouldn't be used as the last month's rent. If this is the case, then I can understand your landlord being upset.

aye5ha4u
12-10-2005, 15:41 PM
We have redirected our post that started this monday it does take about week to activate we didnt know that our landlord was going to do next its not nice its an absolute nightmare .
I am releived about that but it doesnt stop her from still harrassing us legally we had paid her rent untill the 14th october she came on the 2nd of october and changed the locks and threatend us with the police if we were to return .
It is our holy month of fasting and I will not lie we have dont nothing wrong by leaving two weeks early in order to clean the proeprty and return left over property or ours before the 14th of october when the keys were to be returned .

She thought we did a runner but we havent we wrote her a letter clearly telling her what we were going to do that was wriiten on the 15th of september. She drove us out of there with her threats and abuse. :mad:

mjpl
12-10-2005, 15:42 PM
I moved to chatham in kent and going through hell with my landlord

1.She wanted us to leave by the 14th was cause she told us she wanted to sell the property. The property will be cleaned and keys returned by14th october.

Fine. The landlord is entitled to her property back if adequate notice is given.

2. We have paid her rent of £1000 from our £1100 bond she had in up till the 14th of october.We had no other way as she had put us in a bad state so she acceppted it.

I assume you mean that you did not pay your last months rent and instead left the deposit. This will probably be in breach of your tenancy agreement and has left the Landlord with little money for damages and reimbursements.

3. Due to having to need to clean the property and due to her abuse and threats moved out on the 1st of october hoping to return the following week to clean and collect other personal belonging left behind.

What sort of abuse and threats. If these were a problem you should have referred the matter to the police.

4.She on the 2nd of october around that time left three threating voice messages entered the property changed the locks told us to never to return or she will call the police.

You have an absolute right to remain in the property until the termination of your tenancy. You still have a legal right to enter the property now. The Landlord is guilty of both unlawful eviction and harrassment.

5.Receive threating letter which she wrote she will go to the police she reckoned we did a runner although our last letter we wrote to her on the 15th of september states we will return keys,clean the property give new forwarding address etc by the 14th of october the day our tenancy aggreement finishes.

What precisely is she threatening?
6.Returned post to new address received open.

It is against the law for anyone to open your post.

We are really going through hell please help us :(


I suggest that you refer this matter to your local citizens advice bureau and ask for their help to draft a letter on your behalf. Alternatively, if money is of no concern, go to a solicitor and explain the situation, there may be some compensation available for you.

However, I am curious as to why the Landlord is acting in such an openly hostile way. If the situation is more six of one and half a dozen of the other, get a warning letter sent through and go your separate ways.

aye5ha4u
12-10-2005, 15:45 PM
The landlord was happy about this it was agreed on both terms as we confirmed to her in writing that the property will be cleaned and the keys would be returned .There was no damage done to the property her main concern was the cleaning which we intended to do of which we gave to her in writing.

aye5ha4u
12-10-2005, 20:19 PM
[QUOTE=mjpl][COLOR=DarkSlateBlue]QUOTE]She on the 2nd of october around that time left three threating voice messages entered the property changed the locks told us to never to return or she will call the police.

You have an absolute right to remain in the property until the termination of your tenancy. You still have a legal right to enter the property now. The Landlord is guilty of both unlawful eviction and harrassment.

You are not the first person to say that the fact of the matter is we cant go back to the property as she has changed the locks and she has threatened us with the police if we are to return.

And secondly we still have some of our personal belongings which still remain in the property which we want returned which is also complicated.

so please tell me what you suggest to do?

Jennifer_M
12-10-2005, 21:05 PM
[QUOTE=mjpl][COLOR=DarkSlateBlue]QUOTE]She on the 2nd of october around that time left three threating voice messages entered the property changed the locks told us to never to return or she will call the police.

You have an absolute right to remain in the property until the termination of your tenancy. You still have a legal right to enter the property now. The Landlord is guilty of both unlawful eviction and harrassment.

You are not the first person to say that the fact of the matter is we cant go back to the property as she has changed the locks and she has threatened us with the police if we are to return.

And secondly we still have some of our personal belongings which still remain in the property which we want returned which is also complicated.

so please tell me what you suggest to do?

First of all please answer these questions:
- Did you sign a tenancy agreement when you took on the property ?
- If yes what where the start and end date on it (or how long was the fixed term)?
- Did the landlord serve you with a section 21 notice at least 2 clear months before the end date on your agreement ?

IF you had an AST and the end date was 14th October and you paid rent up to the 14th October and you didn't willingly give your keys back to her, then your landlady has unlawfully evicted you and you can sue her for that. She could end up with a big fine and maybe a jail sentence.
She is not allowed to change the locks on the house at anytime before you have left and given up the tenancy.
If you returned and she called the police SHE would be the one in trouble.
It is illegal for her to open your mail too.
She CAN NOT distribute your personal details to anyone as it is against Data Protection.

I suggest you take all the documents you have (agreement, letters etc.) including threats she has made (even on answer phone) and go to your local Citizen Advice Bureau who will be able to help you.

MrShed
12-10-2005, 23:06 PM
I moved to chatham in kent and going through hell with my landlord

1.She wanted us to leave by the 14th was cause she told us she wanted to sell the property. The property will be cleaned and keys returned by14th october.

Was this the same date as the end of your tenancy?

2. We have paid her rent of £1000 from our £1100 bond she had in up till the 14th of october.We had no other way as she had put us in a bad state so she acceppted it.

Contrary to what others said, whether this is in breach of your tenancy agreement or not is totally dependant upon the wording in the tenancy agreement. If the agreement states that the deposit can only be used for damages, or cannot be used for rent, then yes you are in breach. However, not all(or possibly even the majority) of agreements state this. Please let us know if it does or not.

3. Due to having to need to clean the property and due to her abuse and threats moved out on the 1st of october hoping to return the following week to clean and collect other personal belonging left behind.

4.She on the 2nd of october around that time left three threating voice messages entered the property changed the locks told us to never to return or she will call the police.

This is without a doubt harrassment and unlawful eviction. I think YOU should call the police...this is a criminal act. Out of interest how did she know you had moved out? And have you got your personal belongings back?

5.Receive threating letter which she wrote she will go to the police she reckoned we did a runner although our last letter we wrote to her on the 15th of september states we will return keys,clean the property give new forwarding address etc by the 14th of october the day our tenancy aggreement finishes.

6.Returned post to new address received open.

This is again illegal, tell the police!

We are really going through hell please help us :(


If the tenancy does not have that clause in then there isnt a problem in you leaving the deposit as rent. If it does, then there is, but I believe her actions far outweigh the fairly minor issue of leaving the deposit as rent. Bear in mind that she can still take you through small claims court for any damages to the property, if there are any. I would usually advise writing a letter, probably asking for the final 2 weeks rent back, and stating that post must not be opened etc etc. However, there is obviously no talking to this person. I would report her to the police, without question. Oh and yes if they give out your personal details to anyone this is a breach of the data protection act, however I guess it would be difficult to prove she did it.

Steve C
12-10-2005, 23:12 PM
It is not the citizens advice bureau that you need, go to your local council. They will have somebody there who can deal with your problem. If you have been subjected to harassment they have the power to start a prosecution against the landlord. They are also able to break into the property if you have been evicted illegally and will charge the landlord for replacement locks.

MrShed
12-10-2005, 23:16 PM
I would agree with Steve about the CAB....their ability to do anything as a situation such as this is extremely limited. However I would say contact the police instead of the council.

With regards to your original post, and some other posts:

- Do not get so stressed about it! I appreciate it can be quite stressful, but she is all mouth and no trousers, just let it wash over you. If she actually acts on any "threats" or passing personal info, she is in deep ****, so either way you win :D

- Don't just put it down to a bad experience, or "go your seperate ways", at least not in my opinion. She has done too much in the wrong to let it go I think, she will only do it to someone else, bad landlords like this need to be shown that they cannot get away with it.

RichieP
13-10-2005, 08:37 AM
I think the council is the best route. Do you really think the police can be arsed to get involved in a matter like this?

MrShed
13-10-2005, 08:40 AM
Probably not :p but it is a criminal act, and was not aware that the council had any jurisdiction in criminal matters, thought this was only the police?

S J
13-10-2005, 08:43 AM
This is mainly a civil matter. The legislative scheme specifically designates responsibility for bringing prosecutions, to the local authority, 'if' there has been an act of unlwfull eviction.

aye5ha4u
14-10-2005, 12:31 PM
Im not sure whether it states in our tenancy agreement as we are unable to get a copy due to the fact they are not letting us accees it.

But we were desperate she gave us a months notice.

The tenancy agreement was a 12months with 6months break clause.

We are still unable to return to the property and get our personal items due to her threats and the fact the locks are changed.

Our postal redirecttion was done and has been active since the 10th of october this was due to the fact they said it was going to take a week to be active.

She had sent us some of our letter of which 3 of them were open we have kept these for evidence it proves they were open by her byt the date of the letter and how it was open through steam of kettle and our new address written on the outside stating person does not live here any more.

But I still belive some post is missing.

I want to kno whats the law on data protection?

SHE HAS NO RIGHT OPENING OUR PERSNAL LETTERS!!

HELP!! :mad:

Jennifer_M
14-10-2005, 14:00 PM
What more can we do ? It's up to you to sue her, we can't do that for you, only give you advice.

MrShed
14-10-2005, 23:08 PM
Indeed. People have told you what to do, so do it! And you still havent answered some of the questions anyway, so seeing as though you havent given us further information, we cannot give you further advice!

aye5ha4u
16-10-2005, 10:52 AM
Hiya yes I know you have advised me and I am very greatfull and thank you all. We have contacted a solicitor who has written to the landlord and she confirms that they are in breach of date protection and of unlawfull eviction I will get back to you all when |I get response.

Its nice to know that opening anyones personal letters and distribruting its personal details is breach of data protection .

Lets just see what happens. :)

aye5ha4u
18-10-2005, 13:26 PM
We received a response letter yesterday from our landlord apparently she has not denied what she has done and the letter we have received is not frome a solicitor as our solicitor says that they does not know the law.

She has instead now added that there more damages which is strange as none of them were listed in her last letter she claims we

1. yanked the shower head out of the shower

2.The toilet seat was broken

3.Garden broom was snapped in half( didnt know there was one)

Our solicitor says she cannot claim for these as no proper inventry was made she cannot proved these damages and also these damages were not written or stated in her 1st letter for which she wrote only about the cleaning.

My big concern is,

I have had my personal letters at my previous address opened and exposed to differrent companys and solicitors by our landlord. We have had our post redirected to our new address but as there was a delay in the redirection she gained access to our post she opened them up and listed a group of creditors to whom we own money she is now accussing us of fraud an deception but really is it a criminal offence to be in debt? She had changed the locks on the property so we are un able to return to collect our mail or perosnal belongings im reall scared upset and want some advice is this a criminal offence she has committed ? what can we do please help.She has not denied not opening them but now threathing to go to police with them accusing us of fraud as far as I know fraud is when u obtain goods on some elses name or using stolen credit cards please help me Thankyou hope to hear from you soon.

MrShed
18-10-2005, 13:29 PM
I sympathise with your situation, but really have you read any of this thread?? There has been more than enough advice given, which you apparently have not yet followed. You have not given us any new information, so the advice remains the same! Contact the relevant authorities and prosecute the landlord!

Energise
18-10-2005, 13:48 PM
It should not be a concern, let her go to the police its not a problem, she is now the one concerned.

Jennifer_M
18-10-2005, 13:53 PM
Your solicitor should be able to advise on the issue of opened letters.

I'm pretty sure she could get done for contacting other companies and accusing you of things you may not have done especially if she opened your mail to find information.
Slander is a serious thing.

Your best course of action if you can afford it is to get a solicitor on to her.

P.Pilcher
18-10-2005, 13:56 PM
If you have a solicitor, you should follow his/her advice and recommendations. We look forward to you keeping us updated with your progress!

P.P.

MrShed
18-10-2005, 13:56 PM
As Energise says, you should not be concerned, as there isnt a hell of a lot she could do with the information anyway, unless of course you are planning on defaulting on the debts? Goes without saying that this is none of our business!!

aye5ha4u
26-10-2005, 14:57 PM
It Looks Like My Landlord Has Admit Defeat Well I Hope Any Way Because We Have Not Heard From Her Since My Last Post!!

I Think She Has Now Realize That She Has Committed A Criminal Offence Of Changing The Locks And Opening Our Personal Letters And Distrubuting Our Details To Other People Which Is Also A Major Criminal Offence!!





And Finally I Would Like To Thank You All For Your Advice . Will Let You Know What Happens.
:d

MrShed
26-10-2005, 18:47 PM
Thank You For The Capitals.

And "Professional Footballer" At Brighton?? :D

paul_c
27-10-2005, 12:54 PM
I Should Take This News To The Local Press As The Landladys Boyfriend Is None Other Than The Proffessional Footballer *** Who Plays For *** Football Team And They Are Both In This Together.

:d



I think it is YOU who could now be in trouble. Do you think it was very wise to post that?

MrShed
27-10-2005, 13:42 PM
Agreed....suggest you edit that post ASAP.

Energise
27-10-2005, 14:53 PM
I think it is YOU who could now be in trouble. Do you think it was very wise to post that?

Playing for Brighton isnt that bad !!!!!!

Tax Accountant
29-10-2005, 10:11 AM
There are always two sides to the coin. All we have heard is only one side. We do not know the landlady's side of the story.

It is all too easy to symphathaise with the querist and run away with all sorts of solutions and advice and knock out the absent party.

How many of the respondents to this query are landlords themselves and which one of these have not had tenants who actually sounded like the querist?

I think that the morale in life is not to pass judgement on others without knowing the full facts from both parties. It is certainly Ok to give factual advice but not to be judgemental on the other party.

Ramnik

aye5ha4u
29-10-2005, 14:42 PM
I have edited my previous post I guess it was wise if there are two sides to this case I wouldnt even bother putting up all these post as I would know I would be in the wrong and karongo if you want prove I have all hers and my solicitors letters to prove it!!

She is in the wrong and now she has realised she has left us alone !!!

She probably crapping herself trying to be smart when realy she has made the huge offences lets hope she has learnt her lesson!! ;)

Ericthelobster
29-10-2005, 15:50 PM
I have edited my previous post I guess it was wiseSensible move; although the incriminating 'words' are still in Paul_C's post, where he quotes you!

Interesting legal point there... c'mon Lawstudent, tell us which one is now potentially in the firing line for a slander/libel case - is it aye5ha4u or Paul_C?!!

paul_c
31-10-2005, 14:13 PM
Sensible move; although the incriminating 'words' are still in Paul_C's post, where he quotes you!

Interesting legal point there... c'mon Lawstudent, tell us which one is now potentially in the firing line for a slander/libel case - is it aye5ha4u or Paul_C?!!


Thanks Mr Lobster!! I did think of this afterwards but don't go on this board very often these days. As I don't want to be charged with slander or libel either (can never remember which one it is!) I've amended my previous reply. All too easy just to hit the 'quote' button.

aye5ha4u
07-11-2005, 15:16 PM
We have received a wonderfull letter today from our landlord its quite hilarious actually she has decided to redraw her claims and strangely also apologised saying they overeacted to the situation?? lol

They are willing to re-imburse the rent owing back to us but I feel to be fair she never gave us a chance to clean the property so in our response letter we tell to keep it for the cleaning etc.

I dont think no one will get done for slander cause the biggest the biggest slander was done by her opening letters and exposing our personal details which is totally against the law!!

I guess this is the last you will here from me on this forum but from my experience will advice other people who are in my situation what to do and my came out as a good result. :D

I want to thank you all for your help and advice :) bye

dazalock
07-11-2005, 16:29 PM
Glad things worked out.

Please post your LandLordZone forum christmas party contribution Asap.

;)

Billy Whizz
25-06-2006, 21:44 PM
A very interesting thread! My tenant had the same done to himself by a local authority figure - At one stage the local authority bloke from the Council seen the tenant come out of the property, told him to move aside and went in to rip the flat apart (i kid you not) without a court order!

http://www.landlordzone.co.uk/forums/showthread.php?t=2784