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View Full Version : Various problems which I need help with re: landlord entering property, and gas safet



Chris Long
08-08-2005, 12:52 PM
I have a few questions I'm wondering if anyone could help me with.
Firstly, I have part moved out of a property in Bristol, but while moving my items out, the agent has had the locks changed, now alot of my stuff, and paperwork is in the property, everytime I contact the agent, he just hangs up the phone on me. In the past 2 days, a skip has appeared outside the property, and I fear he may have placed all my belongings in this skip. What am I to do? I need that paperwork in the property. No bailiffs have been involved, where do I stand?

Secondly, I was constantly having to put up with the landlord letting himself into the property, is this right? and is it possible to take action against him now?

Thirdly, I never once had a gas safety check, or safety certificate when I moved in, who do I report this to, and once again is it possible to take action?

Finaly, I have moved into a new property, and not recieved a safety certificate, have no working central heating, and repairs promised to be taken care of, by the start of my tenancy still have not been done. The landlord let himself in last week and took £200 which I had left on the stairs as rent, although this was not meant for him. do I have a case here, or is it not worth chasing, as he will no doubt evict me.

all the best,
Chris

MrShed
08-08-2005, 13:02 PM
You will get better, more detailed answers by doing a search, loads of posts on this topic, but:

- When does your tenancy expire? If it has not yet expired the landlord will be in a LOT of trouble if you push this, unfair eviction. Even if the tenancy has expired he is not allowed to throw out your possessions.

- You are entitled to quiet enjoyment of the property. NO landlord is allowed to enter your home without you agreeing. Again he could be in serious bother.

- Environmental health I believe is who you report to, and again he could be in serious problems.

- For your fourth question, all of the above applies. However, him being your current landlord, yes you may be given notice to leave.

MrWoof
08-08-2005, 14:51 PM
I have a few questions I'm wondering if anyone could help me with.
Firstly, I have part moved out of a property in Bristol, but while moving my items out, the agent has had the locks changed, now alot of my stuff, and paperwork is in the property, everytime I contact the agent, he just hangs up the phone on me. Were you a lodger or did you have sole use of the property, did you have a tenancy agreement?

In the past 2 days, a skip has appeared outside the property, and I fear he may have placed all my belongings in this skip. What am I to do? I need that paperwork in the property. No bailiffs have been involved, where do I stand? Firstly, check the skip, if your property is in there, call police.

Secondly, I was constantly having to put up with the landlord letting himself into the property, is this right? and is it possible to take action against him now? If you have a tenancy agreement, no, the LL can't just walk in, look up 'Protection from Eviction'. As for taking action now, sorry, I don't know.

Thirdly, I never once had a gas safety check, or safety certificate when I moved in, who do I report this to, and once again is it possible to take action? Bit late now.

Finaly, I have moved into a new property, and not recieved a safety certificate, have no working central heating, and repairs promised to be taken care of, by the start of my tenancy still have not been done. The landlord let himself in last week and took £200 which I had left on the stairs as rent, although this was not meant for him. do I have a case here, or is it not worth chasing, as he will no doubt evict me. See the above, call the police, you have had £200 stolen, how do you know it was the LL who took it? Yes, he will probably evict you, again, do you have a tenancy agreement? If so you have at least three months before he can get you out.

Ericthelobster
08-08-2005, 17:01 PM
Firstly, I have part moved out of a property in Bristol, but while moving my items out, the agent has had the locks changed, now alot of my stuff, and paperwork is in the property, everytime I contact the agent, he just hangs up the phone on me.The way you describe it, this saga is appalling and the actions of agent and landlord are reprehensible. However, maybe it's just me but do I detect that just maybe you aren't giving us the full picture here? It strikes me that you aren't exactly moving out amicably at the end of a tenancy, right? Eg, what's the story behind the agent hanging up on you?

MrShed
08-08-2005, 17:04 PM
Good point eric.....something has gone on here. Regardless, however, the actions of the agent/landlord is nothing short of disgraceful.

Chris Long
08-08-2005, 19:05 PM
I moved out as I was over my agreed tenancy by 1 week, he had put a notice on the door that day, saying that if I hadn't moved all my stuff out by 10am the next day he would change the locks. I already had a new place sorted out, but their s only so much you can move on foot overnight. I got most of the important stuff out, but its the paperwork which I am more concerned about.

MrShed
08-08-2005, 19:16 PM
OH ok. So its not unfair eviction. However, that property is still yours, they cannot throw it out. Write to the landlord stating that you need the property back, and that they have 14 days to get back to you with a date convenient with you both to collect the items. State that if they damage or throw away the property, this is illegal and you will take the matter further. Now that you are not their tenant anymore, you probably cannot push the gas safety certificate or the lack of quiet enjoyment, sounds to me like youve only brought these up because you are annoyed at this issue after you have left.

Out of interest why didn't you move the stuff out prior to this? You must have known for at least 6 months the date which you had to move out by, so "you can only move so much at a time" isnt really an excuse, you should have started moving earlier.

MrShed
08-08-2005, 19:19 PM
Also, did you pay a damage deposit? Bear in mind that the landlord can certainly deduct from this the cost of changing locks, and if there wasnt a damage deposit he can sue you/countersue your claim.

Can they claim for lost rent as well, can someone confirm?

MrShed
08-08-2005, 19:30 PM
Just realised....IS it actually unfair evicition? Doesnt the landlord have to serve a Section 21 prior to preventing access, even if it is after the end of the tenancy?

zoe
08-08-2005, 19:51 PM
Mr Shed

It is unfair. The LL cannot just change the locks he would need a court order.

Chris Long

Why did you leave the most important "paper work" until last despote the LL leaving this notice ?

You need to take legal action.

Zoe

zoe
08-08-2005, 19:53 PM
[QUOTE=MrShed]You must have known for at least 6 months the date which you had to move out by[QUOTE]

This is an odd thing to say given that we know the LL only has to give two months notice.

Zoe

MrShed
08-08-2005, 19:53 PM
Yes thanks Zoe....after my post about it, kinda figured it must have been.

I just cant understand why the poster has left it sooo late to sort this out....even if the agent is in the wrong, the poster cannot remove himself from the blame!

MrShed
08-08-2005, 19:57 PM
[QUOTE=MrShed]You must have known for at least 6 months the date which you had to move out by[QUOTE]

This is an odd thing to say given that we know the LL only has to give two months notice.

Zoe

Yes Zoe, but....he stated a week "after the agreed tenancy" and as far as I know the minimum tenancy term is 6 months. If he had stated "a week after the landlord had asked me to leave", yes I would have said 2 months.

Energise
08-08-2005, 20:03 PM
You have been removed illegally, it doesnt matter if you have come to the end date in your tenancy agreement, if you still want to be (and in your situation I would definately would want to be) you still are the tenant, only a court bailiff can remove you from the property.

If you have not been served the correct notice by your landlord it will be at least another 3 months to get you out.

You need to see a solicitor quickly, you can get the first 20 minutes free from a lot of them. See the advert on the right Painsmith.co.uk are recommended by some who use this forum.

MrShed
08-08-2005, 20:06 PM
Indeed. This agent has been nothing short of absolutely idiotic.....he really has shot himself in the foot here.

MrWoof
09-08-2005, 08:27 AM
I moved out as I was over my agreed tenancy by 1 week, he had put a notice on the door that day, saying that if I hadn't moved all my stuff out by 10am the next day he would change the locks.Over your agreed tenancy by one week?- What was the agreed tenancy period (dates) and was this an AST? There can't be any sensible replies until these two questions are answered.

MrShed
09-08-2005, 08:31 AM
What was the agreed tenancy period (dates)

What difference does that make? As long as he was a week over, the dates dont actually matter, do they?

And yes knowing whether it was an AST or not would be useful, I was assuming in my replies that it was.

MrWoof
09-08-2005, 08:43 AM
What difference does that make? As long as he was a week over, the dates dont actually matter, do they? It helps in deciding whether it's a legal AST, also in giving dates that the LL should have served notices.

MrShed
09-08-2005, 08:44 AM
Ah OK MrWoof fair point....thanks for clarifying.

Jennifer_M
09-08-2005, 09:18 AM
Oh dear...

Before people can give any sensible advice, we need to know the basics:

- What kind of tenancy was it ? Start date, end date...
- If it was an AST, did the landlord serve a s21 notice and if he did, was it served correctly (when was it served, what dates where on there) ?

In any case the LL CAN NOT threaten the tenant with changing the locks, he will have to have a court order to evict the tenant. Being 1 week over the agreed term on the AST or over the s21 date doesn't give the permission for the LL to change the locks, throw the tenant's belongings in a skip, etc.

Paul_f
09-08-2005, 17:42 PM
Only Jennifer has given a coherent reply here! It's fairly straightforward that the landlord has breached just about every statutory requirement by the looks of it, leaving aside the Gas Safety Certificate issue:-


The agreement has to be an AST from what the poster says.
Although we don't know whether a valid S.21 Notice was served, but seems unlikely as it still doesn't alter the fact the tenant has still been evicted unlawfully, even if he did outstay either the fixed term or the end of a period.
As you know landlords cannot change locks even if the tenant is a "tenant at sufferance" i.e. overstayed his welcome! The landlord MUST get an by order of the court a Warrant of Possession.