Hi, I'm hoping to get some advice. I'll try to keep the email as short as possible.
I entered a 6 month AST in November last year paying a months rent as deposit and months rent in advance. I've been regularly late with the rent payments and fell into arrears.
I missed the rent payment in the middle of February and was unable to pay it at the end of February when I got paid. I had contact with the landlord on 2 March and told them making any sort of payment would be a problem - I also told them I had health problems meaning I had been off work in February and was off for some time last year which meant I was on lower pay when on sick (all true).
On 3 March the landlord served me with s8 and s21 notices both with an end date of 13 May (the last day of the 6 months). Just before giving me the notices they gave me the prescribed information from the deposit as they hadn't given me that before (I asked about it on 2 March).
After looking this up, I find they only protected the deposit on 2 March (I've checked all the schemes to check it wasn't protected elsewhere or under a slightly different name etc.). I contacted the landlord on 13 March explaining this, and they were full of excuses. After a few text messages they phoned me. I was trying to get them to pay back the deposit and agree on some compensation for not protecting in time which I would set-off against the rent arrears.
I should mention the landlord works for a small estate agency, although most of this has been done outside the agency. However, the receipts they gave me for the deposit/rent were on estate agent headed paper and the deposit was protected through the estate agents account (I also found out recently when contacting the water company has the estate agent listed as 'the agent').
On 14 March the landlords father attended the property, banging and yelling at the windows. I went out to talk to him and he physically attacked me, threatened to 'come back' and put me out, and threatened to kill me and my mother who was at the property at the time. I threw him out and the police were called. Unfortunately I went 'beyond the bounds of defending myself' and we both received cautions.
On 16th March the landlord served another s8 notice (delivered by hand) with an expiry date of 31 March. They stated grounds 8, 10, 11 and 17.
On 23rd March they hand delivered another letter stating they would be coming to collect keys on 31 March as that's when the s8 expires. I've explained to them that's not how it works. I've also got them to agree, in writing (email) to an early surrender on 4th April which is when I can leave by. However, they are insisting on attending on 31 March - I've told them I will not be allowing entry and will be phoning the police if they attend.
I have not made any rent payment since this started going sour - needing to move out I needed money for that.
I'm only leaving so soon as I don't feel safe in the property. I mentioned health problems - these are mental health based and have been classified as a disability (landlord is not aware of this). I also have problems with anxiety and they have been much much worse since this incident. Moving so quickly has obviously incurred costs and I'm moving into a place more expensive than I would have liked, but it was available at really short notice.
A couple of other things to mention - the landlord has mentioned contacting my employer several times as they aren't happy with the reference as I was on lower pay for a period last year. I've seen exactly what they've asked for in the reference and the response and the only thing they mention is 'salary' which is provided. Also, whenever I've been late with the rent, even on the day the rent is due, the landlord would text me around 8am in the morning saying they can't pay their bills and can't support their daughter because I haven't paid rent.
Sorry that's so long, questions
1. Is the estate agency involved/implicated in this at all? They are not included in the contract at all but this person works for them and has used them for parts of it.
2. What do I do on Tuesday?! Can I try to get the police involved before to stop them trying to attend the property?
3. After I've left the property, what legal action can I take regarding the deposit, harassment and attempted illegal eviction? I don't want to do this but I think the behaviour has been really bad. I don't think I should be liable for any rent following 14th March as I haven't felt safe here due to their actions. What I want is to come to a settlement agreement with them setting off the 2 months rent I owed up to 13th March against compensation for the deposit and harassment (which I expect would result in them paying something to me).
4. If I am forced to take legal action, is it right that I report them to the Tenancy Officer at the local authority? Do I report the estate agent to the Property Ombudsman (I've checked they are a member)?
5. If I do mention the deposit and harassment I'm expecting them to react the same way as they did before. How do I protect myself? I'm not giving them a forwarding address...is that ok?
Please, any advice you have would be very very much appreciated.
Thanks
I entered a 6 month AST in November last year paying a months rent as deposit and months rent in advance. I've been regularly late with the rent payments and fell into arrears.
I missed the rent payment in the middle of February and was unable to pay it at the end of February when I got paid. I had contact with the landlord on 2 March and told them making any sort of payment would be a problem - I also told them I had health problems meaning I had been off work in February and was off for some time last year which meant I was on lower pay when on sick (all true).
On 3 March the landlord served me with s8 and s21 notices both with an end date of 13 May (the last day of the 6 months). Just before giving me the notices they gave me the prescribed information from the deposit as they hadn't given me that before (I asked about it on 2 March).
After looking this up, I find they only protected the deposit on 2 March (I've checked all the schemes to check it wasn't protected elsewhere or under a slightly different name etc.). I contacted the landlord on 13 March explaining this, and they were full of excuses. After a few text messages they phoned me. I was trying to get them to pay back the deposit and agree on some compensation for not protecting in time which I would set-off against the rent arrears.
I should mention the landlord works for a small estate agency, although most of this has been done outside the agency. However, the receipts they gave me for the deposit/rent were on estate agent headed paper and the deposit was protected through the estate agents account (I also found out recently when contacting the water company has the estate agent listed as 'the agent').
On 14 March the landlords father attended the property, banging and yelling at the windows. I went out to talk to him and he physically attacked me, threatened to 'come back' and put me out, and threatened to kill me and my mother who was at the property at the time. I threw him out and the police were called. Unfortunately I went 'beyond the bounds of defending myself' and we both received cautions.
On 16th March the landlord served another s8 notice (delivered by hand) with an expiry date of 31 March. They stated grounds 8, 10, 11 and 17.
On 23rd March they hand delivered another letter stating they would be coming to collect keys on 31 March as that's when the s8 expires. I've explained to them that's not how it works. I've also got them to agree, in writing (email) to an early surrender on 4th April which is when I can leave by. However, they are insisting on attending on 31 March - I've told them I will not be allowing entry and will be phoning the police if they attend.
I have not made any rent payment since this started going sour - needing to move out I needed money for that.
I'm only leaving so soon as I don't feel safe in the property. I mentioned health problems - these are mental health based and have been classified as a disability (landlord is not aware of this). I also have problems with anxiety and they have been much much worse since this incident. Moving so quickly has obviously incurred costs and I'm moving into a place more expensive than I would have liked, but it was available at really short notice.
A couple of other things to mention - the landlord has mentioned contacting my employer several times as they aren't happy with the reference as I was on lower pay for a period last year. I've seen exactly what they've asked for in the reference and the response and the only thing they mention is 'salary' which is provided. Also, whenever I've been late with the rent, even on the day the rent is due, the landlord would text me around 8am in the morning saying they can't pay their bills and can't support their daughter because I haven't paid rent.
Sorry that's so long, questions
1. Is the estate agency involved/implicated in this at all? They are not included in the contract at all but this person works for them and has used them for parts of it.
2. What do I do on Tuesday?! Can I try to get the police involved before to stop them trying to attend the property?
3. After I've left the property, what legal action can I take regarding the deposit, harassment and attempted illegal eviction? I don't want to do this but I think the behaviour has been really bad. I don't think I should be liable for any rent following 14th March as I haven't felt safe here due to their actions. What I want is to come to a settlement agreement with them setting off the 2 months rent I owed up to 13th March against compensation for the deposit and harassment (which I expect would result in them paying something to me).
4. If I am forced to take legal action, is it right that I report them to the Tenancy Officer at the local authority? Do I report the estate agent to the Property Ombudsman (I've checked they are a member)?
5. If I do mention the deposit and harassment I'm expecting them to react the same way as they did before. How do I protect myself? I'm not giving them a forwarding address...is that ok?
Please, any advice you have would be very very much appreciated.
Thanks
Harassment by landlord
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