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Nov, 2014

Thursday

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  1. #91

    Angry Further problems with LL. Harrasment?

    We have just received the following:

    You did not inform us of the damage you caused to the wall, this will be repaired and the cost charged to you.

    We have no idea what damage the LL is referring to. We believe it might be an outside wall - we live in a converted house with 3 flats and 6 tenants of the same LL. We haven't caused any damage and keep getting threats from the LL of this nature - what can we do? Does this constitute harassment or just heavy handedness?

  2. #92
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

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    Moderator : please merge with OP's previous thread about his LL.
    How is education supposed to make me feel smarter? Besides, every time I learn something new, it pushes some old stuff out of my brain. Remember when I took that home winemaking course, and I forgot how to drive? Homer Simpson

  3. #93
    Join Date
    May 2009
    Posts
    14,115

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    Quote Originally Posted by Fluid View Post
    We have just received the following:
    You did not inform us of the damage you caused to the wall, this will be repaired and the cost charged to you.

    We have no idea what damage the LL is referring to. We believe it might be an outside wall - we live in a converted house with 3 flats and 6 tenants of the same LL. We haven't caused any damage and keep getting threats from the LL of this nature - what can we do? Does this constitute harassment or just heavy handedness?
    Check out section 1 of the Protection from Eviction Act 1977, and see what you think.

    http://www.legislation.gov.uk/ukpga/1977/43/section/1

    Note the emphasis on the fact that the LL must be acting with intent in order to commit an offence under the Act.

  4. #94

    Default

    Quote Originally Posted by westminster View Post
    Check out section 1 of the Protection from Eviction Act 1977, and see what you think.

    http://www.legislation.gov.uk/ukpga/1977/43/section/1

    Note the emphasis on the fact that the LL must be acting with intent in order to commit an offence under the Act.
    Thanks for the link.I guess what you are saying is, that its almost impossible to prove intent? How would the council show that the LL 'does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household...'?

    My family is getting very stressed with the continual emails he is sending of this nature. For example, he sent on Thursday night a half filled in Claim Form for damage he alleges we made to a washing machine.

  5. #95
    Join Date
    May 2009
    Posts
    14,115

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    If you think it comprises harassment, then report to the Tenancy Relations Officer at the local council - it's the council which brings prosecutions for unlawful harassment.

  6. #96
    Join Date
    Jun 2011
    Location
    Stevenage
    Posts
    1,463

    Default

    Several related threads merged.
    I also post as Mars_Mug when not moderating

  7. #97

    Angry Liable for LL's sale costs?!

    Hi there,

    I am in a fixed period AST and have been given a S.21 notice. We are currently looking for other property and have informed the LL that we intend to move by the end of the fixed period subject to us finding other accommodation. We believe that the LL has sold the property but do not know what sale contract he has (obviously) or when the completion date is (although the estate agent has told us he has exchanged).

    The LL has written to us:

    I also reserve my right in connection with recovering any damages from yourselves as a result of the breach of contract I may suffer in the connection with the sale as result of your failing to move at the end of the fixed term.


    I assume he has no right to pass through costs to us. Can someone confirm this and suggest a reply?

  8. #98
    Join Date
    Jan 2011
    Location
    Windowsill Bay
    Posts
    1,651

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    Quote Originally Posted by Fluid View Post
    Hi there,

    I am in a fixed period AST and have been given a S.21 notice. We are currently looking for other property and have informed the LL that we intend to move by the end of the fixed period subject to us finding other accommodation. We believe that the LL has sold the property but do not know what sale contract he has (obviously) or when the completion date is (although the estate agent has told us he has exchanged).

    The LL has written to us:

    I also reserve my right in connection with recovering any damages from yourselves as a result of the breach of contract I may suffer in the connection with the sale as result of your failing to move at the end of the fixed term.


    I assume he has no right to pass through costs to us. Can someone confirm this and suggest a reply?
    Unless you've signed a legal contract to say you will vacate before completion - he can't do that.

    Legal people will be along who can give you proper advice.

  9. #99
    Join Date
    Mar 2009
    Posts
    9,527

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    Sounds like harassment to me. Write & remind landlord harassment can get him a criminal conviction
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  10. #100

    Default

    Quote Originally Posted by Fluid View Post
    Hi there,

    I am in a fixed period AST and have been given a S.21 notice. We are currently looking for other property and have informed the LL that we intend to move by the end of the fixed period subject to us finding other accommodation. We believe that the LL has sold the property but do not know what sale contract he has (obviously) or when the completion date is (although the estate agent has told us he has exchanged).

    The LL has written to us:

    I also reserve my right in connection with recovering any damages from yourselves as a result of the breach of contract I may suffer in the connection with the sale as result of your failing to move at the end of the fixed term.

    I assume he has no right to pass through costs to us. Can someone confirm this and suggest a reply?
    LL can't attempt to punish you for your use of your legal right to leave at the end of the fixed term of your tenancy unless you have provided an indemnity of some sort.

    I assume you haven't done that.

    You are also within your rights to say "we may or may not leave", even if your LL has given you a valid S21 for that date.

    LL may well be correct in perceiving that you making things a little more difficult for him than you may need to, but he is not in a position to do anything about it.

    Of course, if you stay 1 day over, you are liable for a whole month's rent.

    I'd ask him for a written statement of exactly which law makes you liable for costs he incurs due to his personal arrangements with a third party to which you are not a party.

    He is wibbling furiously and trying to sound impressive :-).

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

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