I asked this this question last night as well and had great feedback... My landlord confiscated my passport 2 weeks ago, because of the fact that my rent was behind (6 weeks), due to the fact that I broke my hand and wasn't able to work. I do not qualify for benifits and that's why it is in arrears. He told me yesterday after I pleaded to him, that he will keep it till my rent is up to date...(he also said that, he is keeping it to make sure I don't skip the country to get away from my outstanding rent of £420.00??!!??) The problem is, I have to find work and most companies doesn't eccept a copy of a passport. Any advice will be appreciated!!!!
2006-06-23 01:29:14 · 18 answers · asked by jason2peters 1 in Politics & Government ➔ Law & Ethics
Call the police immediately. Your landlord has stolen your passport. This is a VERY SERIOUS offence on his part! Assuming that he entered your residence to steal the passport, he has also comitted a crimminal trespass and burgled your residence. A landlord does NOT have the right to enter your home for this purpose!
Your landlord's remedy for the unpaid rent is to file eviction proceedings against you and file suit for the unpaid rents. He has no legal position to confiscate your posessions, especially without action by the courts.
As to what you can do about the unpaid rents, contact your local CAB for assistance. But do call the police immediately. If it's a British passport, you should also report the theft to the Home Office. If it's not a British passport, you should report the theft to your embassy or cousular office.
2006-06-23 01:44:46 · answer #1 · answered by Bostonian In MO 7 · 2⤊ 1⤋
Your landlord cannot throw you out unless he serves you written notice and waits until the notice period is up, even if you don't pay. If you have an assured shorthold tenancy agreement (the most common in the UK - someone will correct me), the statutory notice is 2 months. You may have agreed a shorter notice period in the agreement, but the landlord will find he cannot enforce it. The minimum term under these agreements is 6 months. If you don't ever pay, you may eventually get a County Court Judgement against you.
If you go down the "dig your heels in" route, things could get very nasty, especially if your landlord is the sort of person to take your passport. He may be prepared do worse. I would suggest sending written notice by recorded delivery and leaving the property at the earliest opportunity. Find somewhere else to live. You could try posting another question asking for a decent landlord in your area, or use moveflat.com or gumtree.com. Of course, you must contact the police and your embassy about your passport, but don't put yourself at risk because a passport can be replaced (it will be cancelled as lost or stolen). You should say that you protested to your passport being taken and that you let it out of your possession under duress.
2006-06-23 01:58:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Iis stated in the passport this document is the property of the Government and is not to be taken by any other than an authorised person. Your landlord is committing a serious offence (ie prisonable) and should be reported to the police as he can use this passport for all kinds of illegal purposes. You can also report thiss to the passport office they may replace it. This will not ber free but you can perhaps chrge your landlord for the amount (if he's still free).
2006-06-23 12:34:31 · answer #3 · answered by malcy 6 · 0⤊ 0⤋
I can say you have been caught between a hard surface and a rock. What you and your landlord need to know it is illegal in the UK for anyone to withhold personal document other than collaterals as guarantee of payment. You NEED your passport back. Besides if you do not have the original how does he expect you to get a job and eventually pay him? How can you skip the country without a penny in your pocket? By walking or swimming maybe? Let him know he is being unreasonable. I believe you have some variables in the house you can give him as collateral if he so insists.
2006-06-23 01:39:35 · answer #4 · answered by Glyco 2 · 0⤊ 0⤋
Have you tried asking for a hardship loan/grant from your local benefits service? I'm sure they may be able to assist. Were you not entitled to claim statutory sick pay for the time you were not able to work?
As for your landlord, as the above have stated, he has no legal right to do anything but give you fair notice to vacate the premises. Have you ever fallen behind with the rent before? If not, I wonder why he is acting in this way!
You may want to contact your local citizens advce beraux (I am assuming you are in the UK) about what your landlord can actually do due to the nature of your shortness of funds.
Good luck
2006-06-23 01:47:31 · answer #5 · answered by scatz 3 · 0⤊ 0⤋
Oh my god! He can't take your passport. No matter how much you owe him he still has no right! It's only £420.00 and you had a good reason. I sympathise with you. The only suggestion I can make is for you to call the police and explain the situation to them just like you did to us and they should sort it out. Hope you get your passport back, I really do.
2006-06-23 01:36:09 · answer #6 · answered by adozenredroses12 3 · 0⤊ 0⤋
I would contact the police and report it as a Idenity theft. He has no leagal right to take your passport even if you are behind in you rent. I really would call the authorities
2006-06-23 01:34:33 · answer #7 · answered by hherty1 1 · 0⤊ 0⤋
Report him to the police for theft.
I asume the passport is not a British one. Inform your embassy.
2006-06-23 01:36:46 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Your landlord is a thief. He took your personal property and you should advice him to return it to you so you can find work, plus you will make a police report about it. Be prepared to do it.
2006-06-23 01:35:57 · answer #9 · answered by El Capo 3 · 0⤊ 0⤋
Further to all the good answers, you are required to report lost or stolen passports to your own embassy immediately.
Have him arrested.
2006-06-23 01:57:39 · answer #10 · answered by Munster 4 · 0⤊ 0⤋