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Oct, 2014

Wednesday

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  1. #1

    Default Can my landlord evict me without any notice?

    Hi, I'm in a real pickle.

    I'm a few weeks behind with rent (4) which I was going to
    settle Saturday as my landlord insists in being paid in cash
    and I work full-time.

    I have not received any calls or letters from the landlord until
    yesterday evening when I found a small claims court bill
    pushed under my door.
    The total amout is £1324 of which £140 are for the letter and
    court costs.

    The last time I paid the landlord, I neglected to get him to
    sign in his book that he had received the funds. I recognise
    this was my own stupid fault as I was going on trust.

    That aside the landlord is now seeking to change the locks
    thereby evicting me before a court hearing and without
    any notice.

    I know this is illegal but having read through my contract,
    I found the following term

    'I, Mr X, AGREE NOT TO TAKE ANY LEGAL ACTION AGAINST THE LANDLORD(S) OR HIS/THEIR AGENT(S) IF MY DOOR's LOCK IS CHANGED, IN SO DOING, PREVENTING ME TO ENTER INTO THE PROPERTY. THIS ACTION WILL BE JUSTIFIED IF MY RENT ARREARS OR OTHER OUTSTANDING; ie bills, arrears charges, cleaning charges etc., AMOUNT TO THE EQUIVALENT OF TWO WEEKS RENT OR MORE. I ALSO AGREE TO PAY THE LANDLORD £75 FOR ALL COSTS INCURRED.

    Having read read a little of the 'guidance of unfair terms in
    tenancy agreements' this looks to certainly tip the balance in favour of the landlord.

    Is this legal, please help as I'm afraid to go to work in case
    I can't get in again.

  2. #2
    Join Date
    Jan 2007
    Posts
    2,336

    Default

    The clause in your AST is not legal/valid ( Your LL just can not change the locks )
    Change the locks yourself to stop your LL gaining entry, or let him do it then sue the bugger for illegal eviction.
    Speak to your local housing advice office ( Council )

  3. #3

    Default

    Thanks Colincbayley

    That's what I thought, but I've had to take the day off
    work because of this.

  4. #4
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    odbo:
    1. I agree with Colincbayley that the clause is unenforceable. English law does not usually permit the parties to oust the jurisdiction of the courts [cf Archbishop of Canterbury!]
    2. Has L served on you any Housing Act 1988 notices, under s.8 or s.21?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  5. #5

    Default

    No, I've had no other contact with the LL other than this
    served notice.

    What I find strange is there's no 'claim number' or 'issue
    date' on the form and it came in an evelope with 'served
    by hand' written on it.

    Isn't the court meant to post a copy to the defendent?

    Also this guy's really abusive and shouts at all his tennants.
    And there's a clause in the contract about only accepting cash
    payments. Which is what caused the delay as the ATM ate my
    card this week.

    Not to mention the small matter of the £270 he conveniently
    forgot to sign and is billing me for again.

    Och...

  6. #6
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote Originally Posted by odbo View Post
    No, I've had no other contact with the LL other than this
    served notice.

    What I find strange is there's no 'claim number' or 'issue
    date' on the form and it came in an evelope with 'served
    by hand' written on it.

    Isn't the court meant to post a copy to the defendent?

    Also this guy's really abusive and shouts at all his tennants.
    And there's a clause in the contract about only accepting cash
    payments. Which is what caused the delay as the ATM ate my
    card this week.

    Not to mention the small matter of the £270 he conveniently
    forgot to sign and is billing me for again.

    Och...
    So he is suing only for debt. He can do that, BUT it has no impact at all on continuance of tenancy- remains in force.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  7. #7
    Join Date
    Sep 2005
    Posts
    542

    Default

    If it were me I'd be inclined to hope he does evict me, and then claim money back from him for illegal eviction. Best of all, no more living with a seriously dodgy landlord.
    The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

  8. #8

    Default

    Thanks for the info.

    I take full responsibility for late payment but he's behaving
    really unreasonably and has not once called or written to
    discuss this.

    I was wondering if I can counter-claim based on his abusive
    and dodgy behaviour. If I could record him, that would be
    ideal, this guy goes crazy!

  9. #9

    Default

    Quote Originally Posted by Grange View Post
    If it were me I'd be inclined to hope he does evict me, and then claim money back from him for illegal eviction. Best of all, no more living with a seriously dodgy landlord.
    LOL, with HIS temper, I'll be surprised if he doesn't.

    I really don't want to abuse landlords but I don't see why I should
    be treated like this and pay double for the privelige!

  10. #10
    Join Date
    Mar 2007
    Posts
    476

    Default

    your tenancy will be shorthold assured by default. Your LL must obey the law on SA tenancies. If he threatens you or changes the locks or evicts you without a court order for eviction by bailif then call the police.

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