She has not followed legal prceedures, entered our flat without permission, and has now said that as we don't keep windows OPEN, as per the lease, (it's winter for Gods sake) she wishes to end the tenancy. This she is doing, without giving us our legal 2 months notice as she is using a section 12 against us.
2006-11-18 06:22:32 · 20 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Hi David,
I just love landlords like this, they think they can do what they want, well guess what? They can't!
You have rights. If the correct procedures have not been followed she has no right to evict you. There is a piece of legislation called the Protection From Eviction Act 1977.
If she has acted in a manner that interferes with your quiet enjoyment of the property then she can be prosectued under s.1 of the 1977 Act. Amended by s.29 of the Housing Act 1988.
By simply letting herself in she could well be committing an offence under the Criminal Law Act 1977. s.6 or the Protection From Eviction Act 1977. ss.1-3.
The leaving open of windows could well be contrary to the Unfair Contract Terms Act 1977. This is because this clause raises a number of potential Health issues as well as security issues and may not be enforceable under this Act.
She should have gone to court seeking possession of the property. It will probably take her months to do it.
Talk to a solicitor who specialises in Landlord and Tenant Law.
2006-11-18 23:29:04 · answer #1 · answered by LYN W 5 · 0⤊ 0⤋
Your stuff is lengthy gone. you may attempt to take the guy to small claims court docket and recoup your money. - you may or gained't get some money. yet i don't think of you had a lot of a leg to face on: - the police evaluate your products deserted. - you probably did not call and tell the owner the project. it would were ok, in case you had informed them you'd be thoroughly out through midday. You did not so it completely wasn't ok. It replaced right into a foul selection to sparkling the living house earlier getting your very last products out. You knew for over 30 days your lease does not be prolonged. Why did you wait to the perfect minute to commence shifting? And counting on the position you're positioned = did you've a "typhoon" or the position you in a community that had "rain" ~ that's a huge massive difference in no matter if a court docket will aspect with you or not. Virginia coastline had rain. NoVA had a typhoon.
2016-11-25 02:40:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If i was you i'd stay put for ur 2 months until u find another place. All she can do is take u to court and even then you can argue ur case and say that its actually bl**dy cold and besides just because they werent open on the day she went does not mean u dont open them at all. Also argue that she went inside ur flat several times without your knowledge. It sounds to me like she wants u out of there for other reasons (for her sake basically) .....which tells me she hasnt really got a leg to stand on so she probably wont even take u to court. What a horrid woman just b4 xmas!! Check out citizens advice also, make an appointment to go see them and take ur lease with you, theyre fab at this sorta stuff. Good luck guys.
2006-11-18 06:35:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The Citizens Advice centre will help you or even better, go to a solicitor.
She is being totally out of order and although we as tenants, don't have many rights, this is illegal.
Act fast.
I live in Brighton and we have Brighton Housing Trust Advice Centre. I don't know if there are similar places in other towns but you could ask them. The number is; 01273 234737
or www.bht.org.uk
Good Luck.
PS I agree with anastacia, stay put. It takes time to get you to court.
Why are people so mean at Christmas?
.
2006-11-18 06:40:00 · answer #4 · answered by ? 2 · 0⤊ 0⤋
I don't know if this will be any help but you might talk to a realtor, ask them if she can do this legally and what you could or should do about it. I wouldn't do any of the silly, childish things that some of the answers have suggested. You need to think about future landlords that your current one may talk to, after you move in. You want to have a good relationship with them, which you might not have if you do something childish to your current landlord.
You may have to get legal help but I would try talking to a realtor first. Best of luck to you!
2006-11-18 06:51:38 · answer #5 · answered by Donna J 4 · 0⤊ 0⤋
Take the B!tch to court.
Our last landlord threw us out just before Christmas as he wanted to move his rellies in (we later found out these rellies were illegal immigrants from Pakistan with fake IDS). Luckily we had already sorted out a mortgage and managed to get it rushed through so we moved into a new house on 16 December.
He also stole money from us, sexually harrassed me, invaded our privacy and refused to pay back our bond when we left as he claimed the house needed cleaning after we'd left (utter bollox, we spent a whole day scrubbing the place till it shone - he later admitted to someone we know that he couldn't pay the bond back as he'd used it to pay his f.ucking mortgage instalment that month!!!!!)
Throwing someone out just before Christmas is horrible. I'm sorry but through my bad experiences I have lost any trust in private landlords, they are all sharks out to get what they can and sod everyone else! They have no compassion at all, all they care about is making money. They don't understand that throwing out a tenant means you're making someone HOMELESS! They are too callous for this.
Go and see SHELTER and get their advice. They will represent you at court and help you kick her ****.
2006-11-18 08:01:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It is not your flat and she can evict you if she wants to. Most states require at least one month notice. If you do not move just because she says to you can probably hang on for 2-3 months before the sheriff moves your belongings to the street.
2006-11-18 06:31:14 · answer #7 · answered by Marissa 6 · 0⤊ 0⤋
You need to see a local attorney to help you. Most of the people answering questions in this forum aren't even attorneys, let alone an attorney in your jurisdiction. Laws regarding rental residential units vary by jurisdiction and you did not disclose where you are.
2006-11-18 06:28:59 · answer #8 · answered by Carl 7 · 2⤊ 0⤋
Buy some Prawns....
Find somewhere in the flat that they can be secreted, behind a kitchen unit, in a light fitting, behind the skirting board etc (be ingenious).
When you move out the Prawns will do their thing, believe me.
An friend of mine did the same and hid them in the end of the curtain pole. After her ex boyfriend had fumigated, changed carpets, he finally moved house to escape the smell.
Sadly he took the curtain rails............
2006-11-18 06:28:00 · answer #9 · answered by Pete C 2 · 2⤊ 1⤋
Natural Youghurt or buttermilk or other dairy product. (Lots of it)
Pour it somewhere like into the inside of cushions or under carpet or other inconspicious place. If you have access to the attic, pour it all over the attic floor. It will ming andtakemonths to get rid of.. DO it on the last day.
2006-11-18 08:43:56 · answer #10 · answered by Anonymous · 0⤊ 0⤋