PDA

View Full Version : Blackmail from tenant.



jonny2023
15-02-2010, 19:34 PM
hi, i did sub rent without my landlord permission. and i have prob with tenant. so i told landlord i did sub rent. and he said to me move out. so i gave all tenant a notice to move out. but one of tenant threaten me like ( if i report u, u can go to jail for 1 year and u get a fine as well. u have kids and wife. think carefuly. and he ask me money. if u give money, i will keep quiet. i will find a nice place with that money and i will move out. so i recorded what he said to me in my mobie phone. i think he did to me blackmail. what can i do this problem? if i go to solicitor, he get punishment in court? please ...

mind the gap
15-02-2010, 19:55 PM
hi, i did sub rent without my landlord permission. and i have prob with tenant. so i told landlord i did sub rent. and he said to me move out. so i gave all tenant a notice to move out. but one of tenant threaten me like ( if i report u, u can go to jail for 1 year and u get a fine as well. u have kids and wife. think carefuly. and he ask me money. if u give money, i will keep quiet. i will find a nice place with that money and i will move out. so i recorded what he said to me in my mobie phone. i think he did to me blackmail. what can i do this problem? if i go to solicitor, he get punishment in court? please ...
It is not a criminal offence to sublet a property even without your LL's permission, so I think your subtenant's threat is empty.

Please clarify: are you still living in the property or not?

Does your LL want you to move out, or your subtenant?

dominic
15-02-2010, 20:07 PM
I think the threat is more to do with the OP's intimation that the subtenant has been asked to move out.

Illegal eviction is a criminal offence.

But MTG's statement is correct, a refusal by the OP to end his tenancy agreement despite the breach is not a criminal offence, the subtenancy being a simple a breach of contract, and not one that would necessarily give rise to a right of termination of the agreement by the LL.

OP: What problems do you have with your subtenant?

Have they occupied the property for more than 6 months?

It may be that you can serve them with a lawful s.8 or s.21 notice.

Snorkerz
15-02-2010, 20:31 PM
So, are you in England/Wales
Do you live in the same property as your sub-tenant
Has your landlord given you official notice to leave
Have you given your sub-tenant official notice to leave
When did your contract with the landlord start - and for how long
Did you pay a deposit to the landlord - was it protected in a 'scheme'
When did your contract with the sub-tenant start - and for how long
Did your sub-tenent pay you a deposit - was it protected in a 'scheme'

jonny2023
15-02-2010, 20:58 PM
i dont live there anymore. i move out long time ago. because we have baby. this flat is next tube station. so i decided to move out and i started to let to each room. and my LL want them move out. so he gave me 2 month notice. and i gave them 2 month notice as well.
and the prob was HMO lisence.
actually i dont have HMO. because only 4 people used to live there.
when one double room was empty, one guy came to c room and ask me his cousin want to stay here for only 3 or 4 month till get a job. so it became 5 people from Nov. and my friend also was looking for a room for 3 month. he is going back his contury at the end of March. so he move in Jan. so it became 6 people for few month.
and suddenly council officer and police came in the flat.
they asked how many people live here.
i think the tenant who did blackmail to me reported.
he is a trouble maker. he had arguement with every tenant till now. so i had argue with him many times. and one day he talked me about multiple occupancy.
so i told this prob to my LL. and LL gave me notice to move out. he said this flat is sold as well. so i should give all tenant notice. every tenant understand my situation so they gonna move out. but this guy threaten me and ask money.
i am so stressed.
what can i do?
pls help me!!

thank u for reply!!!

mind the gap
15-02-2010, 21:05 PM
You have a very complicated life!

I'm afraid you are now having to face the consequences of cramming an unsafe number of adults into a property designed for just one family (and presumably drawing quite a lot of rent from them all?)

Just tell the blackmailer in writing that he must move out and that the authorities already know about the multiple occupancy. Say that if he continues to try to extort money from you, you will report him to the police.

jonny2023
15-02-2010, 21:11 PM
thank u for reply!
so is the only way go to solicitor regarding a blackmail?
blackmail is can be in prison for 3 years.

mind the gap
15-02-2010, 21:20 PM
thank u for reply!
so is the only way go to solicitor regarding a blackmail?
blackmail is can be in prison for 3 years.

Well, you could report him to the police but I honestly think that he is just 'lashing out' because he is angry and upset at being asked to move out. Just refuse to give in to his demands for money. If he continues to make them, report him to the police. It will be up to them to prosecute him (if they consider it appropriate), not you. Just stay calm and make it clear that you do not intend to be threatened by him.
Has someone served him notice or not?

jonny2023
15-02-2010, 21:28 PM
i asked him many time to move out from 1 years ago.
i wanted to do legal way. so i sent him notice by registerd post. in case he deny the notice, i made a proof.
and i have a record what he said to me as well.


thank u !!

Snorkerz
15-02-2010, 22:00 PM
i asked him many time to move out from 1 years ago.
i wanted to do legal way. so i sent him notice by registerd post. in case he deny the notice, i made a proof.
and i have a record what he said to me as well.


thank u !!

Legal notice is either under section 8 or section 21 of the Housing Act 1988. There is specific information that you must give. Is this the notice you gave? Is this the notice your landlord gave you? Any other kind of notice will not be enough.

jonny2023
15-02-2010, 22:08 PM
i downloaded the form of notice. and i posted him.
and i am waiting the notice from my LL.
so i think i did legal way to give a notice 2months.

Snorkerz
15-02-2010, 22:18 PM
That sounds good. It also means that you are not in any immediate danger of your landlord throwing you out.

So we can check that the form you sent is right, can you tell us:

was it a section 21(1)b form or a section 21(4)a form.

When did your subtenant move in

Did he pay monthly

When did his contract end

When did you post the s21 to him

What dates were on the s21.

jonny2023
15-02-2010, 23:07 PM
i dont remember it. so ive just checked now. and it was not a uk notice form. it is for australian. i didnt check properly. because i was in hurry to give him notice by post. and his contract finished long times ago. so i told him move out many times. and he pay by monthly.
i went council to ask about this and they said i need a written notice to him 2 months. so i posted today. he might get 2mrw.

but i want know he threaten me and asked money for keep quiet and move out.
if i sue him in this situation, can i win?

westminster
16-02-2010, 01:34 AM
i dont remember it. so ive just checked now. and it was not a uk notice form. it is for australian. i didnt check properly.
This sounds pretty stupid. Assuming you're not a troll.


but i want know he threaten me and asked money for keep quiet and move out.
if i sue him in this situation, can i win?
The best thing to do is tell the truth to everyone. Don't let yourself get blackmailed over something like this. It's not a criminal offence. And don't even think about sueing the tenant when you haven't a clue what you've done. Get legal advice.

spicy_
16-02-2010, 09:36 AM
Johnny 2023 I'm livid just reading this post. I know my comments won't be constructive but I'm so annoyed that you sublet a property to make money for yourself. It's people like you that give tenants an increasingly bad name! To be honest I'm glad your going through these problems and hope that this teaches you a lesson and puts you off doing this again! :mad:

thevaliant
16-02-2010, 10:22 AM
I would agree with Spicy to some extent.

You seem to have a number of issues at present, having been issued yourself with a notice to quit (valid?), and so far failing to issue any of your sub tenants with valid notices to quit themselves.

Your poor English does not help either I'm afraid.

Can I suggest that you see a solicitor who will be better able to assist.

Snorkerz
16-02-2010, 12:50 PM
Unless you answer questions in full you won't get the correct answers.

Right now, your tenant can't do much about you 'illegally subletting' because, as others have said, it isn't a criminal matter and the only person who could do anything serious about it is your landlord, and he knows.

However, if you don't get your act together you could find yourself facing both illegal eviction charges - which could result in prison - and/or a case for breach of contract if your tenant(s) are removed by your landlords bailiffs.

Until you serve the correct legal documents, your tenant has a right to stay put for as long as he likes.

Poppy
16-02-2010, 17:03 PM
This thread is going nowhere fast.

Jonny2023 please answer the questions that the members have asked you. Make the answers very short please (for example: yes, no, don’t know, a date).


Is the property in England/Wales?
When did your contract with the landlord start?
What is the length of the fixed term of your contract with the landlord?
Has your landlord given you notice to leave?
Did you pay a deposit to the landlord ?
Is it protected in a scheme?
When did your contract with the sub-tenant start?
What is the length of the fixed term of your contract with the sub-tenant?
Did your sub-tenant pay you a deposit?
Is it protected in a scheme?

jeffrey
16-02-2010, 17:36 PM
And
11. What is annual rate of rent?

jonny2023
17-02-2010, 00:52 AM
Johnny 2023 I'm livid just reading this post. I know my comments won't be constructive but I'm so annoyed that you sublet a property to make money for yourself. It's people like you that give tenants an increasingly bad name! To be honest I'm glad your going through these problems and hope that this teaches you a lesson and puts you off doing this again! :mad:

if u don't know my situation, don't say i am a kind of greedy person.
please...

jonny2023
17-02-2010, 00:57 AM
This thread is going nowhere fast.

Jonny2023 please answer the questions that the members have asked you. Make the answers very short please (for example: yes, no, don’t know, a date).


Is the property in England/Wales?
When did your contract with the landlord start?
What is the length of the fixed term of your contract with the landlord?
Has your landlord given you notice to leave?
Did you pay a deposit to the landlord ?
Is it protected in a scheme?
When did your contract with the sub-tenant start?
What is the length of the fixed term of your contract with the sub-tenant?
Did your sub-tenant pay you a deposit?
Is it protected in a scheme?


1. in England
2. jan, 2005
3. 1 year
4. yes
5. yes
6. yes
7. nearly 2 and half years ago
8. only 6 months
9. yes
10. yes

jonny2023
17-02-2010, 01:04 AM
I know myself my English is poor.
Even though i posted to here to get some advise.
So please... if don't want help me, just read this and ignore it.
I am not a bad greedy person.
thanks!!!!

thevaliant
17-02-2010, 08:57 AM
Then:

Issue correct notices (Section 21 - check this website) to all your tenants to leave. They will get two months notice.

Only problem is that your landlord's notice on you is likely to expire before your notice on your sub-tenants as he 'got there first', so to speak.

That's really all you can do.

dominic
17-02-2010, 09:59 AM
But if the OP's tenancy comes to an end because of this earlier (head tenancy) s.21 notice on OP, by operation of law the sub tenancy also must come to an end?

But this would appear to cut across the rights of the sub tenants....

Snorkerz
17-02-2010, 15:20 PM
But if the OP's tenancy comes to an end because of this earlier (head tenancy) s.21 notice on OP, by operation of law the sub tenancy also must come to an end?

But this would appear to cut across the rights of the sub tenants....


i downloaded the form of notice. and i posted him.
and i am waiting the notice from my LL.
so i think i did legal way to give a notice 2months.

OP doesn't seem to have received a s21 from his landlord yet, so if he gets his derriere into gear he might be able to get Ts out before his own notice expires.

dominic
22-02-2010, 11:26 AM
Snorkerz: if the head tenancy is not an AST (because the OP, as tenant, has ceased to occupy the premises as his primary residence), then a s.21 is not required because it is not applicable to non-AST tenancies - someone more informal may suffice.