No notice, because “it’s my house”!

No notice, because “it’s my house”!

8:34 AM, 8th June 2018, About 7 years ago 59

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Sounds unbelievable, but my landlord just called a locksmith to come and change the locks and has taken possession of his house without any kind of legal process.

I caught him in the act and made a video. He thinks he can just do this because “It’s my house”.

  • He called a locksmith and drilled the locks and installed his own locks to exclude me from the property.
  • He served no notice, no section 8 or section 21, not even any kind of written or even verbal notice.
  • He has not even returned my deposit and did not even register my deposit even 7 months later.
  • He also did not give me the written tenancy agreement. he got me to sign it, but did not give me my copy.
  • He always wanted the rent is cash and gave no receipts.

Only five months into the tenancy I finally had enough and got him to sign a “Confirmation of tenancy agreement” letter I wrote up to protect myself. In that letter, he confirmed that he was renting the house to me, with the start date of the agreement. He also confirmed I had paid him a £550 refundable deposit.
The letter also confirmed that I had paid all rent up to date, in cash.

He also confirmed that I had permission to sub-let the property if I chose to.

I had paid all rent up to date except I was now 8 days overdue, because I intended to return the property to him within a few days, so it made no sense to pay rent in the last month as he already had my deposit.

Once he broke in, and changed the locks I logged the incident with the police and am now in the process of taking legal action.

Here’s the fun bit:
The reason he had not given me the tenancy agreement was because he actually was NOT ALLOWED to rent the property to me because…..
wait for it…..
it had not been signed off by the council as habitable.

They were waiting for (1) proof that he had DAMP COURSED the property
and (2) installed the required amount of insulation in the kitchen ceiling.

He had done neither of these, and no council tax was being charged as it was UNINHABITABLE. I was not aware of this until I had already taken possession.

Then the damp appeared, and paint began to flake off and the electrics would turn off because of damp in some sockets.

I still paid the full rent.

As far as I can see, he has broken just about every rule in the book.

Yet when I spoke to some lawyers, they seem to think I have a weak case, just because he had not given me a copy of the tenancy agreement.

Let’s see how many of the rules he has broken

1. Rented an uninhabitable property when expressly not allowed by the council
2. Taken a deposit and not registered it for 7 months
3. Served no notice of any kind on me to leave the property
4. Always insisted on a CASH payment – maybe so they could deny I was even a tenant. However the signed letter proves I was
5. Drilled the locks while I was away from the property.
6. taken illegal possession without any legal right to possess.

When I caught them in the act of changing the lock, all they said was “It’s OUR property, not YOURS!”
They said I was not allowed to change the locks. The reason I changed the locks was because they had entered my property several times without my permission.

Has anyone ever dealt with such a landlord, who flouts all the rules?
and thinks he can just get away with it?

Art


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Art

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3:45 AM, 9th June 2018, About 7 years ago

Reply to the comment left by Michael Barnes at 08/06/2018 - 19:54
This is not a wind up. It's totally real.
I must admit I could not believe it myself when he changed the locks. I have a 5 minute video I recorded of him inside my house, with the locksmith. I may need that evidence. He actually tells me to leave and get out of his house, to which I said it was my house until he served notice or I handed it over officially. He said he would call the police to remove me, which is just laughable. I told him I would see him in court.
He wanted me to take the rest of my possessions and i said I would take them through a court order now.

Mark Alexander - Founder of Property118

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7:37 AM, 9th June 2018, About 7 years ago

Reply to the comment left by Art at 09/06/2018 - 03:45
Hi Art

Why not upload the video to You Tube and share a link with us here?

Art

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9:10 AM, 9th June 2018, About 7 years ago

Reply to the comment left by Mark Alexander at 09/06/2018 - 07:37
I could do that, just need to check with my solicitor to make sure it will not go against me when the small claims goes to court.

I have spoken to a few and will hire one of them shortly to send the letter before action.

H B

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14:55 PM, 9th June 2018, About 7 years ago

Given that he did not protect your deposit, the fine for that alone should pay any legal costs you have.
He is almost certainly dodging his tax as well, which creates a false market for good landlords who pay their dues in full. I suggest letting HMRC know that you think he has not been paying tax and give a record of all payments.

https://www.gov.uk/report-an-unregistered-trader-or-business

Jay James

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17:00 PM, 9th June 2018, About 7 years ago

Reply to the comment left by Michael Barnes at 08/06/2018 - 19:54That is what I wondered about too. It is not unknown for a few (perhaps lefty) contributors to try that.

(Seeing that has made me think about how some of my posts may have come across as abrupt or the like.)

rita chawla

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18:22 PM, 9th June 2018, About 7 years ago

Reply to the comment left by Art at 09/06/2018 - 03:11
Hi Art, seems like you are dealing with a rouge landlord. I had guessed you were talking about building control requirements as I used to work in planning department in the past. Not sure if you are aware but unlike in planning, local council are not the only people who issue building control certificates. We get to see many people who approach the council initially but go to a private inspector to get final sign off. In all these cases, council website might give the impression that work was never signed off due to dpc, insulation etc. but that's not necessarily the case. I am just letting you know so that you dont get surprised in the court if the owner does magically manage to produce a building control certificate showing everything is fine with the property. Good luck.

Michael Barnes

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14:11 PM, 10th June 2018, About 7 years ago

Reply to the comment left by Art at 09/06/2018 - 03:45
I have a 5 minute video I recorded of him inside my house

His house;
Your home.

Michael Barnes

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14:16 PM, 10th June 2018, About 7 years ago

Reply to the comment left by Art at 09/06/2018 - 03:18
I am more interested in civil litigation, as I want to get paid for all the hassle, rather than get him fined for a criminal offence.

It is best if both occur.
Whilst you cannot bring a criminal prosecution, neither can the council unless they know about it.

Without the involvement of the council, there is little to stop him re-letting an unfit property to others and then illegally evicting them in the future.

Art

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14:20 PM, 10th June 2018, About 7 years ago

I will do both, but civil litigation first, and I will work with the council from next week too. You are right needs both.

Michael Barnes

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14:23 PM, 10th June 2018, About 7 years ago

Reply to the comment left by Art at 09/06/2018 - 09:10
Make sure that your solicitor is an expert in housing law, and not a "jack of all trades".

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