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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I would like to find out if it is possible to take action

Resolved Question:

I would like to find out if it is possible to take action against a landlord and what would count as harassment?
I have been in my house for three and a half years, in March I asked for an updated tenancy agreement and it took several weeks to even get a response from any of the property managers. When I finally did get a response I was emailed a copy of a tenancy agreement which was unsigned, I asked on several occasions on how I could get this signed and verified but have been ignored. Only now have I been given an answer to how to resolve the problem from someone who claims that he does not work for the company but is just "helping out". He has just informed me that as landlords they are not legally obliged to provide a tenancy agreement, is this correct?
Up until a few months ago the property had a living room acting as a communal area but this was taken away without warning. At the time I had some belongings in the living room and a massage chair in the communal hallway by the front door (not in anyones way, but tucked in a corner) these items were then moved and locked into the living room without any warning, I tried to call, text and email the property managers but one of the contact numbers had been disconnected and all other attempts were ignored. I only got the belongings back when somebody moved into the room and my items were thrown away, luckily I returned to the house and managed to salvage them from the bin in the front garden before the rubbish was collected.
The 5 (now 6) bedroom house has only one small kitchen and one bathroom but 10 residents, leaving me no option to find accommodation with friends when possible because preparing food and getting time in the bathroom before work is impossible with so many people in the house.
It has also been brought to my attention during this ordeal that my deposit should have been placed in a deposit safety scheme within 30 days of me moving into the house and this was not the case.
Can you please advise me on where I stand legally in this matter?
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?
Alex

Customer: replied 8 months ago.
I want to know if I am in a position to take legal action and if so what it would be? I feel that I am being subjected to unfair and unreasonable treatment and I can't get any answers on whether or not the law would see it that way. If my deposit was not protected how do I claim it back if the landlords refuse to return it? Is there a legal limit on the number of tenants that can live in a multiple occupancy house and what can I do if the house is over crowded? Does having my personal belongings hidden from me and then thrown away constitute theft or harassment and if so how do I proceed with that? Or is it just my responsibility to vacate the property if I feel unfairly treated? It seems that there is very little done to protect tenants against rogue landlords.
Expert:  Ash replied 8 months ago.

Just to be clear your tenancy has expired now? Do you want to move out?

Do you rent a room or the house?

Customer: replied 8 months ago.
Hi, I rent a room in a shared house. My tenancy should be until September but I do not yet have a signed copy of the agreement as communication is very difficult, I often get no response, I have just been told by one of the property managers that they are under no legal obligation to even provide me with a tenancy agreement. Is this true?
Customer: replied 8 months ago.
I am looking for a new place to live but in London this is not easy.
Expert:  Ash replied 8 months ago.

Do you want to leave?

Customer: replied 8 months ago.
The house is unliveable I don't really have much of an option. I have to do my laundry elsewhere because since the living room was taken away, I have nowhere to dry it if it's raining, I have to get up extra early to be sure I can get in the bathroom before work and with 10 people competing for the kitchen I am usually forced to order take away or eat elsewhere which is expensive. I don't want to live here anymore but I have been forced into the decision by the current circumstances of the house.
Expert:  Ash replied 8 months ago.

So you are ok with leaving?

Customer: replied 8 months ago.
I wouldn't be looking to leave at this time had the circumstance of the house not changed so dramatically. Getting together a deposit for a new place is a financial burden knowing that it is highly unlikely for my current deposit to be returned.
Expert:  Ash replied 8 months ago.

Do you want to claim compensation?

Customer: replied 8 months ago.
Am I entitled to? At the very least I would like to know I can secure my deposit.
Expert:  Ash replied 8 months ago.

You need to write and set out your losses and request a compensation or your deposit within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Alex

Customer: replied 8 months ago.
No more clarification needed, Thank you.
Expert:  Ash replied 8 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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