Abusive landlord
I live in a bedsit and my landlord told me a while ago he needed to empty the meter. Fair enough, I tidied my room and left for college.
He stopped me on the stairs to have a moan about my room, he was going to write me a letter about it, the state of my room and how filthy it was. Turns out, despite the fact that everything else was spotless, floors hoovered; cooker cleaned, fridge aired and wiped down, because I had left stuff on my own desk; rubbish and the like, that qualified as a mess. Furthermore, he said he was writing me the letter to cover his own back, because he didnt want his license being in jeopardy because of me.
Now, the landlord has repeatedly came into my room without giving me the 24 hours notice as is required under my tenancy agreement, and he left me a note advising me regarding the state of my room last night.
I emailed him the following message:
Regarding your note;
I would like to take this opportunity to remind you as per the Glasgow City Council licensing requirements AND the tenancy agreement I am required to recieve 24 hours notice in writing of your intent to access the property except in the case of tradespeople and or an emergency.
Regarding the incident in late September, you challenged me on the stairs sought entry to the property in breach of the aforementioned points.
This has not been an isolated incident, and has posed a materially negative impact on my mental and physical wellbeing.
I will take on board the points you raised regarding the cleanliness. Please be mindful of the additional clauses of the tenancy agreement that you yourself are and have been in breach of, and give me the requisite 24 hours notice in writing for any instance where you require to access the property.
Thank you."
His response.
You are incorrect.
On 25th September I put a note under the door of every tenant in the flat stating that I was empting meters on 29th :
Meter to be Emptied
I am intending to access your room on Tuesday afternoon to empty your meter.
If you have any concerns or you want to discuss please call me on 0141-339-4785
You had not contacted me to say there was any issue and so I emptied your meter on the 29th.
I was leaving the property on 29th after emptying the meters in all the rooms when At this point you said you had cleared up to give me access to the meter. At this point I said that the general lack of cleanliness in the room was the issue and I would write to you
I do not enter rooms without notice as you have suggested.
In fact your room is in such a state I have no interest in entering it as I believe it to be less that healthy.
Perhaps a clean room would enhance your mental and physical wellbeing?
I am beside myself with fury: here he is having the ****ing audacity to bitch at me about a non-existent tenancy requirement, when he himself is in direct violation of it by not giving me 24 hours notice, and then being abusive towards me!
My mother phoned him on my behalf and hes insistent that Im incorrect. Shrugs, least he apologised for upsetting me, and is insistent that him wanting access to my room again occured on the same day as the meter being emptied, which is bull****; but....cant prove it either way.
Im hoping that this is the last of the matter: but in case I get a repeat of this nonsense again; what are my options? I really dont want to have to move because Im in a great location and on benefits, Im going to struggle to find decent accomodation.At the same time however, I do not like a ****ing ****ty bully boy, throwing his weight around.
I am hoping the fact that I have let him know I know my rights and will be looking to enforce them will be enough to maybe make him think twice, but just want to have a backup here.
PS: I am glad the idiot sent me that message via email, bolsters my case if I ever go down the formal complaint/harrassment route.
He stopped me on the stairs to have a moan about my room, he was going to write me a letter about it, the state of my room and how filthy it was. Turns out, despite the fact that everything else was spotless, floors hoovered; cooker cleaned, fridge aired and wiped down, because I had left stuff on my own desk; rubbish and the like, that qualified as a mess. Furthermore, he said he was writing me the letter to cover his own back, because he didnt want his license being in jeopardy because of me.
Now, the landlord has repeatedly came into my room without giving me the 24 hours notice as is required under my tenancy agreement, and he left me a note advising me regarding the state of my room last night.
I emailed him the following message:
Regarding your note;
I would like to take this opportunity to remind you as per the Glasgow City Council licensing requirements AND the tenancy agreement I am required to recieve 24 hours notice in writing of your intent to access the property except in the case of tradespeople and or an emergency.
Regarding the incident in late September, you challenged me on the stairs sought entry to the property in breach of the aforementioned points.
This has not been an isolated incident, and has posed a materially negative impact on my mental and physical wellbeing.
I will take on board the points you raised regarding the cleanliness. Please be mindful of the additional clauses of the tenancy agreement that you yourself are and have been in breach of, and give me the requisite 24 hours notice in writing for any instance where you require to access the property.
Thank you."
His response.
You are incorrect.
On 25th September I put a note under the door of every tenant in the flat stating that I was empting meters on 29th :
Meter to be Emptied
I am intending to access your room on Tuesday afternoon to empty your meter.
If you have any concerns or you want to discuss please call me on 0141-339-4785
You had not contacted me to say there was any issue and so I emptied your meter on the 29th.
I was leaving the property on 29th after emptying the meters in all the rooms when At this point you said you had cleared up to give me access to the meter. At this point I said that the general lack of cleanliness in the room was the issue and I would write to you
I do not enter rooms without notice as you have suggested.
In fact your room is in such a state I have no interest in entering it as I believe it to be less that healthy.
Perhaps a clean room would enhance your mental and physical wellbeing?
I am beside myself with fury: here he is having the ****ing audacity to bitch at me about a non-existent tenancy requirement, when he himself is in direct violation of it by not giving me 24 hours notice, and then being abusive towards me!
My mother phoned him on my behalf and hes insistent that Im incorrect. Shrugs, least he apologised for upsetting me, and is insistent that him wanting access to my room again occured on the same day as the meter being emptied, which is bull****; but....cant prove it either way.
Im hoping that this is the last of the matter: but in case I get a repeat of this nonsense again; what are my options? I really dont want to have to move because Im in a great location and on benefits, Im going to struggle to find decent accomodation.At the same time however, I do not like a ****ing ****ty bully boy, throwing his weight around.
I am hoping the fact that I have let him know I know my rights and will be looking to enforce them will be enough to maybe make him think twice, but just want to have a backup here.
PS: I am glad the idiot sent me that message via email, bolsters my case if I ever go down the formal complaint/harrassment route.
(edited 8 years ago)
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I don't really see the problem here. Your room is unacceptle to your landlord so you should clean it. Not giving you notice before he comes to see your property is not strictly within the rules but it's hardly worth moving out over. I think you are overreacting hugely.
Besides the best thing to do in this sort of situation is to accept the criticism and deal with it, because if you ever did have any grounds for complaint then you need the moral high ground (as well as proof of course). If your representation of your bedroom's tidiness is correct (and it's worth considering that what is acceptable to you is not acceptable to other people, I had a flatmate whose room was an absolute disaster area even though she kept the common areas very clean), then it sounds like both of you are hugely overreacting and need to calm down a little.
Besides the best thing to do in this sort of situation is to accept the criticism and deal with it, because if you ever did have any grounds for complaint then you need the moral high ground (as well as proof of course). If your representation of your bedroom's tidiness is correct (and it's worth considering that what is acceptable to you is not acceptable to other people, I had a flatmate whose room was an absolute disaster area even though she kept the common areas very clean), then it sounds like both of you are hugely overreacting and need to calm down a little.
(edited 8 years ago)
Original post by Copperknickers
I don't really see the problem here. Your room is unacceptle to your landlord so you should clean it. Not giving you notice before he comes to see your property is not strictly within the rules but it's hardly worth moving out over. I think you are overreacting hugely.
Besides the best thing to do in this sort of situation is to accept the criticism and deal with it, because if you ever did have any grounds for complaint then you need the moral high ground (as well as proof of course).
Besides the best thing to do in this sort of situation is to accept the criticism and deal with it, because if you ever did have any grounds for complaint then you need the moral high ground (as well as proof of course).
Err, actually the 24 hours notice is a LEGAL Requirement and non-compliance is grounds for police action on the basis of harrassment. That is what I was advised by a housing officer, and by a shelter scotland advisor.
"The landlord, or a person authorised by him in writing, may at reasonable times of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition."
That is s.8 Landlord and Tenant Act 1985.
So its a clear violation of the law, not an over-reaction.
Actually know the facts of a situation before wading in with your ignorant and negative opinion.
Furthermore, it is a confrontational and abusive tone towards me that has gotten me incensed as well as the hypocritical nature of his conduct, in that here he is in clear violation of the law and yet complaining about me breaking one of his own rules.
(edited 8 years ago)
Unfortunately it doesn't matter what rules your landlord breaks you still have to uphold your side of the agreement. You can complain but you still have to hold up your end. And if your room is not acceptably clean and tidy then he has every right to confront you about it, I wouldn't call one conversation on the stairs abusive or harassment. If he didn't give you 24 hours notice you have a right to complain about that but what actually happened? You say he told you he needed to do the meter and then you tidied up? So when did he tell you? In the future if he tries to not give you notice just refuse him entry. If he goes in your room without you allowing him in then you can put in a formal complaint.
Original post by doodle_333
Unfortunately it doesn't matter what rules your landlord breaks you still have to uphold your side of the agreement. You can complain but you still have to hold up your end. And if your room is not acceptably clean and tidy then he has every right to confront you about it, I wouldn't call one conversation on the stairs abusive or harassment. If he didn't give you 24 hours notice you have a right to complain about that but what actually happened? You say he told you he needed to do the meter and then you tidied up? So when did he tell you? In the future if he tries to not give you notice just refuse him entry. If he goes in your room without you allowing him in then you can put in a formal complaint.
One conversation on the stairs where he asked if I had mental health problems and swore at me? Err, yeah, I would classify that as abusive.
Original post by apronedsamurai
One conversation on the stairs where he asked if I had mental health problems and swore at me? Err, yeah, I would classify that as abusive.
well you didn't mention either of those things.
Original post by doodle_333
well you didn't mention either of those things.
Fair enough.
I have posted previously on the forum about the altercations I have had with my landlord, and where I specifically provided details of his combatative atittude and aggressive tone.
I would also like to point out that legally? I am only obliged to return the property to the landlord at the expiry of the lease, in the same condition it was given to me. Anything in between is at my discretion (unless it is manifestly posing a public health hazard/nuisance as would be determined according to a qualified enviromental health officer nominated by a local authority), and falls under the remit of the legal doctrine of "quiet enjoyment".
Original post by Copperknickers
I don't really see the problem here. Your room is unacceptle to your landlord so you should clean it. Not giving you notice before he comes to see your property is not strictly within the rules but it's hardly worth moving out over. I think you are overreacting hugely.
What is this terrible advice!
1. The tidiness of a property being rented out is, frankly, none of the landlord's business. As long as the property is maintained and returned in the same state as when first moved into then that's all that is required. The landlord cannot insist on the property being kept tidy, it's unenforceable.
2. Not giving notice is a massive deal. It is a blatant breach of the tenancy agreement and the tenant's legal right to quiet enjoyment of the property.
If my landlord entered my rental property without proper notice I'd change the locks and write to them advising that further harassment would result in legal action.
Original post by apronedsamurai
x
Change the locks and start looking for a new place to move to.
Original post by Reue
Change the locks and start looking for a new place to move to.
As I have stated previously, I am disabled, on benefits and a limited income. Because I am on benefits, most landlords do not want to know. Additionally, I would not qualify for social housing, or at the very least, in an accomodaiton not suitable for me, i.e. in a tower block (given that I have severe arthritis in my foot).
Original post by apronedsamurai
As I have stated previously, I am disabled, on benefits and a limited income. Because I am on benefits, most landlords do not want to know. Additionally, I would not qualify for social housing, or at the very least, in an accomodaiton not suitable for me, i.e. in a tower block (given that I have severe arthritis in my foot).
Change the locks then and hope that your landlord doesn't go through the very lengthy and costly procedure to evict you.
Original post by Reue
Change the locks then and hope that your landlord doesn't go through the very lengthy and costly procedure to evict you.
What do you mean evict me, on what grounds? Because I have changed the locks or because I am not tidying my room?
Original post by apronedsamurai
What do you mean evict me, on what grounds? Because I have changed the locks or because I am not tidying my room?
Section 21 Notice - No reason or grounds for eviction required.
Actually I live in Scotland, so the rules are a little more stringent.
Thanks btw, now I am going to spend the remainder of the several days worried that I am going to randomly served with an eviction notice. Please refrain from unnecessarily alarmist posts.
so s.21 is not relevant here, it would be s.33 of the Housing Scotland Act 1988.
Thanks btw, now I am going to spend the remainder of the several days worried that I am going to randomly served with an eviction notice. Please refrain from unnecessarily alarmist posts.
so s.21 is not relevant here, it would be s.33 of the Housing Scotland Act 1988.
(edited 8 years ago)
Original post by apronedsamurai
Actually I live in Scotland, so the rules are a little more stringent.
Thanks btw, now I am going to spend the remainder of the several days worried that I am going to randomly served with an eviction notice.
Thanks btw, now I am going to spend the remainder of the several days worried that I am going to randomly served with an eviction notice.
Ah, sorry. Had assumed England & Wales, You do indeed have more protections in Scotland.
I wouldn't worry, even if he were to evict you it is a long and costly (for him) process.
Original post by Reue
Ah, sorry. Had assumed England & Wales, You do indeed have more protections in Scotland.
I wouldn't worry, even if he were to evict you it is a long and costly (for him) process.
I wouldn't worry, even if he were to evict you it is a long and costly (for him) process.
When my mother informed him 1) I was a law graduate 2) She was a landlord herself, apparently his tone changed quite considerably, a lot more accomodating.
Tbh? My own personal take? He is a bully. He either doesn't know the law, or he does but tries to get away with more than he should. Someone stood up to him. Hes gonna think
"why bother pursuing the eviction route? I've a paying tenant, who hasn't broken any rules or laws."
My two pennies worth.
Throw in the fact I would then make a disclosure to the council to the litany of unethical behaviour on his part, and I think he will think twice about poking the bear. I can bugger off, and find additional accomodation, with difficulty sure, but I can do it. But if he loses his license or has it suspended, thats going to hit him a lot harder than it will me.
(edited 8 years ago)
Original post by apronedsamurai
When my mother informed him 1) I was a law graduate 2) She was a landlord herself, apparently his tone changed quite considerably, a lot more accomodating.
Tbh? My own personal take? He is a bully. He either doesn't know the law, or he does but tries to get away with more than he should. Someone stood up to him. Hes gonna think
"why bother pursuing the eviction route? I've a paying tenant, who hasn't broken any rules or laws."
My two pennies worth.
Tbh? My own personal take? He is a bully. He either doesn't know the law, or he does but tries to get away with more than he should. Someone stood up to him. Hes gonna think
"why bother pursuing the eviction route? I've a paying tenant, who hasn't broken any rules or laws."
My two pennies worth.
I agree, hence why I advised changing the locks.
Original post by Reue
I agree, hence why I advised changing the locks.
I think there has been some confusion, reading back to my previous posts and I want to clarify it.
He has NOT entered my room without me being there. He has not "burgled" me.
What has happened is, he has had a reason to come into my room, and has done so without giving me the 24 hours notice. I went along because at the time (fighting a diagnosis that might potentially see me as an amputee) I was very vulnerable.
So to reiterate, he has gained entry to my property when I have been present, BUT WITHOUT THE REQUISITE 24 HOURS NOTICE.
I realise I've muddied the waters in describing that, so I want to be clear.
As a matter of principle I will be keeping my room tidier, and more assertive regarding the access.
"Sorry X, today is not a good day.
No, come back later.
Nope, can't do that right now. Need to come some other time."
I took a first (and dare I say, crucial step) in standing up to him.
(edited 8 years ago)
Original post by apronedsamurai
I think there has been some confusion, reading back to my previous posts and I want to clarify it.
No confusion, that's exactly as I'd read the situation.
My point still stands though; He entered without appropriate notice and permission. If he's willing to do that he will no doubt enter when you're not there next time.
Original post by Copperknickers
I don't really see the problem here. Your room is unacceptle to your landlord so you should clean it. Not giving you notice before he comes to see your property is not strictly within the rules but it's hardly worth moving out over. I think you are overreacting hugely.
Besides the best thing to do in this sort of situation is to accept the criticism and deal with it, because if you ever did have any grounds for complaint then you need the moral high ground (as well as proof of course). If your representation of your bedroom's tidiness is correct (and it's worth considering that what is acceptable to you is not acceptable to other people, I had a flatmate whose room was an absolute disaster area even though she kept the common areas very clean), then it sounds like both of you are hugely overreacting and need to calm down a little.
Besides the best thing to do in this sort of situation is to accept the criticism and deal with it, because if you ever did have any grounds for complaint then you need the moral high ground (as well as proof of course). If your representation of your bedroom's tidiness is correct (and it's worth considering that what is acceptable to you is not acceptable to other people, I had a flatmate whose room was an absolute disaster area even though she kept the common areas very clean), then it sounds like both of you are hugely overreacting and need to calm down a little.
Your post is as offensive as it is dangerous: because it alienates peoples LEGAL rights and effectively blames a victim for any misfortune that befalls them.
Take some criticism of your own: we have no need for the unsolicited, unqualified opinion of someone who has not even the faintest comprehension of the law. What you know about the law I can fit in the palm of my hand.
Think twice about posting such nonsense again.
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