Can my landlord evict me without any notice?

[odbo]

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.

[Colincbayley]

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 )

[odbo]

Thanks Colincbayley

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

[jeffrey]

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?

[odbo]

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...

[jeffrey]

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.

[Grange]

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.

[odbo]

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!

[odbo]

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!

[Pobinr]

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.