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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My landlord came up knocking on our doors at 11pm last night

Resolved Question:

My landlord came up knocking on our doors at 11pm last night and kicked us out with 2 months notice. The reason was my boyfriends family visiting (his Mum and his 3 year old son) causing too much noise apparently. The child was laughing and playing too loud. He has also send me an offensive text message telling us to shut up otherwise we will be living somewhere else very soon. This was minutes before he came up. We feel threaten and harassed. I am considering getting legal advice and possibly taking legal action against him under the Protection from Eviction Act 1977 for harassment, threats (verbal and in writing), abusive behaviour plus failure to carry out repairs (we told him twice about ceiling leakage in the living room and our bedroom since we moved in in December last year, which he has never repaired and is causing us issues). The legal action would be basically for so called 'breach of the covenant for quiet enjoyment' under the same Act. In brief, he is abusive and wants us out. Do you have any clues as to who could help? If you could shed some light or if you have any ideas as to what I should do this would be great.
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. Could you kindly confirm if you have actually been forced out of the property or if he has just given you notice to leave please but you remain in occupation?
  2. If you have actually been forced out did he use violence?
  3. When did he give you notice to leave and when does the notice expire?
  4. Do / did you have sole occupation of the property or live with the landlord?
  5. Does / did your tenancy have any minimum term associated with it? If it did when did / does this expire?
  6. Finally did you pay a deposit and if so do you know if the landord has protected it in a deposit protection scheme?

Sorry for so many questions...

Customer: replied 1 year ago.

Hello,

1. I remain in occupation

2. N/A

3. I was given 2 months notice to leave the property yesterday on the 28th May 2015. My understanding is we have to leave by or on the 28th July 2015.

4. Sole occupation but the landlord lives in the apartment below ours in the same building.

5. I signed 6 months contract on the 26th December 2014. this will expire on 26th June 2015.

6. Yes I paid the deposit and he has protected it in a deposit protection scheme according to my knowledge.

Expert:  Joshua replied 1 year ago.
Many thanks. Could you tell me if he gave you notice using form 21(1)b or s21(4)a or just an ordinary notice?
Customer: replied 1 year ago.

It was just a verbal notice served in a very disrespectful, offensive manner. We have received nothing in writing except for the threatening mobile text message saying we ought to shut up or we will be leaving somewhere else very soon.

Expert:  Joshua replied 1 year ago.
Thank you very much for the above. The first thing to say is that the notice is totally invalid and can be ignored. in order to give you valid notice, the landlord must serve notice using a s21(1)b notice if he has given notice during the fixed term of the tenancy and that notice must give you a clear two months notice to leave.By contrast, if you wish to leave, you can simply up and go providing you leave before the end of the tenancy without giving any notice whatsoever and if you stay beyond the end of the tenancy, you are required to give one clear months notice in writing which notice can only end the day before rent is payable.you may wish to confirm that he has protected your deposit because if he has failed to do so, you will be entitled to claim up to 3 times the amount of the deposit in compensation. You can easily check online with fee for deposit protection services that exist as all have online search facilities:http://www.mydeposits.co.uk/tenants/get-started/check-your-deposithttps://www.depositprotection.com/is-my-deposit-protectedhttps://www.thedisputeservice.co.uk/is-my-deposit-registered.htmlhttps://www.capita-tdp.co.uk/Moving away from the above, you are quite right to say that the landlord's behaviour is unacceptable. Any attempt to evict you without providing you with a section 21 notice which is valid in the above context or alternatively a section 8 notice if the landlord can demonstrate that you have breached the tenancy which from what you say is not the case, will be unlawful and a criminal offence under the protection against eviction act for which you can claim damages and seek prosecution.The landlords behaviour would also appear to be contrary to the Prevention from Harassment Act and again can constitute both a criminal offence and a basis for a claim of civil damages. The local authority's housing officer can assist with the prosecution if there is evidence of harassment and in extreme cases, the police can be involved. as well as the local authority's housing officer, you can also if you wish contact Shelter which is a housing charity that can support tenants with problem landlords including writing to the landlord on your behald and even open with representation and liaising with council officers.In addition to or instead of the above, if you have evidence of the landlords above behaviour or can obtain evidence following a council investigation, you can issue proceedings in the County court using www.moneyclaim.gov.uk for a claim in respect of any failure to protect deposit if applicable, harassment you have suffered from the landlord, and nuisance that you have suffered. evidence of such behaviour exists, the courts have been willing to award substantial amounts of compensation though it inside depends upon the circumstances and the amount of evidence that is to hand. In respect of any future encounters, you may consider keeping a record of these if you have a smart phone either audio or video or both which can be useful for evidential purposes.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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