innuendo needed - paging sheldonrs and others

[Mytical]

"Hopefully not for another couple of hours at least." What?

[Victoria J]

I knew you'd come up with some great responses.

To anyone worrying about the situation :

The matter is also being dealt with seriously. It is however a bit more complicated than landlord harassment. There appears to be a landlord, someone who is/was acting on behalf of the landlord who is doing the harassment and trespass etc., and someone else who actually owns the building. Allegedly the landlord hasn't paid money to someone and therefore everyone has to leave.

Unfortunately this means we have no idea what's going on. Possibilities include :

1. A letting agent thinks the landlord owes them money and it trying to force everyone out to get back at him (in which case they have no right to do it)
2. The landlord rents himself and has illegally sublet before falling behind with the rent. (Very few rights for tenants).
3. The landlord has fallen behind with the mortgage who were not aware of the subletting (slightly more rights).
4. The landlord has fallen behind with the mortgage who were aware or had given permission for the sublet (more rights).

Unfortunately while the tenants rights depend on the landlord's rights they have no direct right to know whether the landlord rents or owns. Which is why further investigation is needed.

Fortunately what has actually been going on is not legal in any circumstance.

Trespass isn't a criminal act in the UK. You can only take civil action for compensation.

Illegal eviction and harassment are though. The local council can also take special legal action against landlords who do this kind of thing - which is why we got the council involved. Dismantling the boiler is also taken very seriously (denying tenants hot water, heating, water, etc. is all specifically prohibited).

Whether there is any money there now to actually pay fines or compensation is another matter. If the property is being repossessed and the landlord not the repossessing company are at fault for this there isn't likely to be any money to pay out to the tenants.

I'd also add that the neighbour who told my coworker this also found this very funny, which is probably one of the reasons we do.

Victoria J

[PepperElf]

I'm pretty sure you could do something bad (like a basball bat to the shins) and be in the right there as you could be considered fearing for your life as someone was breaking into your home

that's what i was thinking. cos... hey if someone breaks into your apartment while you're there...

to me that's a call to the police as well as home defense.

[Sapphire Silk]

Trespass isn't a criminal act in the UK. You can only take civil action for compensation.

Huh. That's interesting. Laws are different in the US; a landlord can enter the property, but only with the permission of the renter, and cannot open any private container.

Hope the situation gets straightened out soon! Don't know about things where you are, but here in the US it's starting to get a little chilly.

[Victoria J]

Huh. That's interesting. Laws are different in the US; a landlord can enter the property, but only with the permission of the renter, and cannot open any private container.

Landlords here are only allowed to enter "with reasonable notice" which I think is generally 48 hours, or in an emergency. But if they DO enter without sticking to that rule it isn't illegal (a breach of criminal law), it is "unlawful" (a breach of civil law) and they can be sued for it. It's a breach of an implied term of the tenancy.

It's not just landlords and tenants. You cannot be sent to prison just for being on someone else's property (though all kind of offences cover damage to enter a property, or having a criminal intent in entering - but my knowledge of criminal law is poor). You can be sued for civil damages though.

It's one of the ways they enforce parking penalties on private land - it's either a civil case of trespass, or a breach of contract claim based on arguing that by entering private parking and seeing a sign that said you could be fined you agreed to it.

And yep, law is different (and interesting at least to me).

Victoria J