Illegal Eviction 6 weeks into 12 month Tenancy

[Neptune]

If the OP counters with the fact that he was honest about credit rating (presumably there is a copy of the document he filled in to request the tenancy) and that this was dealt with by paying up front that only leaves the issue of the previous LL. The issue may hinge on the reasons for keeping it quiet - if there was a deposit dispute re alleged damage and the deposit was handed back to the OP for example then that would work in their favour

Thank you for your replies - I (she) was as honest and upfront as possible at the time. The LL solicitor has made reference to a telephone conversation I had with the credit referencing agency (and also quoted the time of call, so I presume they have obtained SAR records from credit referencing agency).

I didn't disclose previous LL contact details, as I has previous had several property applications fall through at the last minute, and had been going through hell and trying to secure a property and move out from previous property for approx 1 year, due to the current rental / housing crisis. I was only a few days away from being evicted by bailiffs and made homeless when I managed to move into current property - and several previous applications had failed.

The security deposit at previous property is the very least of my problems at the moment, and have to prioritise current roof over head. I did not consent for the previous LL to retain any of the security deposit, nor have I disputed through the deposit scheme - This would consume a lot of time & energy trying to dispute and provide evidence, and considering the rent arrears, I do not see any point in trying to dispute - It is just impossible for me to do and need to focus on more urgent problems.

[islandgirl]

Ah well clearly the arrears are a huge factor and would probably have meant they would not have let the house to you. The S8 may therefore succeed but will take a long time so an offer to leave for a repayment of a certain amount may be the best way forward

[Neptune]

Ah well clearly the arrears are a huge factor and would probably have meant they would not have let the house to you. The S8 may therefore succeed but will take a long time so an offer to leave for a repayment of a certain amount may be the best way forward

The credit referencing agency would have seen the rent arrears on my credit file, so maybe the LL should take the issue up with them instead. As I said, I was also provided with "false statements" regarding the current rental.

I may still be in time to dispute the previous deposit, but would have to provide so much evidence and given the rent arrears, it would be a pointless waste of time I think.

[atticus]

An attempt to help Neptune. I think that she should begin her letter with:

1. A statement of her willingness to allow inspection, by agreed appointment. She should offer 3 or 4 dates/times.

2. A statement that the landlord and his agents were sufficiently aware of her previous problems, and that these were overcome by her offer to pay 6 months' rent in advance. That payment is what influenced the landlord to let to her. [check this is all correct]

Only after dealing with the case being made against her should she continue with her counter allegations. If she is going to say that things were misrepresented to her than she needs to say what was said, and when, how, and by whom, and in what way they were incorrect.

[Neptune]

May I respectfully say, in case that you are unaware of it, that legal systems everywhere run on documents.

If you were to retain a solicitor, the second thing he or she would request from you is all of the documents in the case, because without reading the documents it would be impossible to provide any meaningful advice.

Because this forum is a public forum, it would be unwise to post up unredacted documents.

To get over the difficulty you have in electronically redacting documents, may I suggest that you make photocopies of the documents, redact those photocopies, scan them and upload them on this thread.

Speaking for myself, I would not be in any position to, and would not attempt to, provide assistance to anyone facing legal proceedings without sight of the documents in the matter.

Thank you - Yes I am aware of that.

I do not have have the facility to photocopy and scan.

[Neptune]

An attempt to help Neptune. I think that she should begin her letter with:

1. A statement of her willingness to allow inspection, by agreed appointment. She should offer 3 or 4 dates/times.

2. A statement that the landlord and his agents were sufficiently aware of her previous problems, and that these were overcome by her offer to pay 6 months' rent in advance. That payment is what influenced the landlord to let to her. [check this is all correct]

Only after dealing with the case being made against her should she continue with her counter allegations. If she is going to say that things were misrepresented to her than she needs to say what was said, and when, how, and by whom, and in what way they were incorrect.

I was unable to accommodate the date and time they wanted to inspect. I stated that I felt inspection at 6 weeks was a bit too soon, considering I have only just moved home and offered to accommodate inspection at 6 months with a mutually convenient appointment only.

I was then threatened that they were coming to inspect on the day and time specified, whether convenient for me or not, and that they would be using their own keys to enter.

I replied again that they do not have consent to enter with their own keys at any day / time to suit them.

I was then served with S8 notice.

One of their arguments is that the tenancy agreements does not specify any particular frequency that they can conduct inspections. That is also one of my arguments.

A false statement was made to me about the circumstances behind the previous tenants moving out - I was told that they had to re-locate for work and that the LL was devastated they had to move out. However I have since discovered that the LL evicted them in order to increase the rent by a substantive amount and used the fact that they had not maintained the hedges at the property to LL satisfaction, so evicted them using S21. Had I known this information, I would not have agreed to rent the property.

The LL agents have treated me appallingly throughout the application process and also since moving into the property. I did complain and suspect the eviction notice is in retaliation for complaining.

One example is that on the day of moving into the property the agent suddenly presented a separate additional document, stating that I was responsible for maintaining extremely large boundary hedging and guttering, and demanded I sign it. On questioning this, he snatched the keys back out of my hand and threatened I could not have the keys unless I sign, so I signed it under duress.

Another example was that on the property inventory it stated there was a considerable amount of heating oil provided in the oil tank. It was however completely empty when I moved in and I had to suffer in without any heating or hot water for the first few days of tenancy. When I notified the agent of the error in the inventory, they refused to correct the inventory and falsely accused me of lying about the oil.

[tesla6518]

Regarding uploading the agreements you have with the agency and the tenancy agreement. If you have a copy on your computer you just have to use a drawing tool to put a thick black line through any details that may identify any person or address, and then follow this sites guide to uploading.

If you only have hard copies (paper) then make a copy of the documents then obliterate and names or addresses on the copy, scan and upload or

You most probably have a mobile phone that is able to scan documents, use this to scan and edit the forms, then upload

[tesla6518]

Something is confusing the issues here, why would you have interacted with the previous landlords solicitor, "The solicitor who has sent the s8 notice and acting for current landlord is the same solicitors firm who acted for previous landlord". Usually you either deal directly with the landlord or an agency. Solicitors are normal only involved if there is a serious problem.

[tesla6518]

Sorry about last 2 posts, did not intend to repeat others comments, lost a whole batch of posts when going from page to page.

[Neptune]

In addition to my draft letter in earlier post, I would also like to add the following to letter:

The allegations made by LL 1 are defamatory and amount to harassment, amongst other things. Clearly being bitter, his allegations would not stand up to the detailed scrutiny of the courts.

I enclose a letter for LL 1 to sign retracting his false allegations against me.

Furthermore, LL 1 has caused substantive damages to my health, finances and other losses, which far outweigh any amount of rent arrears. I invite LL 1 to offer me adequate compensation for the above. If these matters cannot be resolved amicably, I will pursue damages through the courts and would also be seeking an order for costs.

The allegation made by LL 2 of breach of contract would also not stand up to detailed scrutiny of the courts and this is clearly an unlawful and malicious eviction notice, served solely in retaliation for complaining about the letting agents acting for LL 2.

This has included, amongst other things, bullying, discrimination, harassment, threats, assault and breach of contract.

I offer LL 2 the opportunity to continue with the tenancy on the following terms:

1. Confirmation that the error in inventory regarding heating oil has been correctly amended.

2. Confirmation that the additional document I was forced to sign under duress is retracted. I would be happy to accommodate access for contractors to maintain the substantive hedging annually, as per LL 2 specifications, but this would be at the cost of LL 2.

3. The terms and frequency of access for inspections to be by mutual agreement.

4. The extremely poor level of communication of managing agents to be addressed and improved.

5. A sincere written apology from LL 2 for all of the above.

6. A refund of rent for every day since the beginning of tenancy, until the above matters are resolved.


Alternatively, if LL 2 wishes to terminate the contract early, I would require:

1. Full refund of 6 months rent paid.
2. Agreement to return security deposit in full.
3. Removal costs, and other expenses.
4. Ample time to find alternative accommodation and vacate property.
5. A reference.
6. Adequate compensation for loss of income, undue stress, inconvenience and other damages caused.



Should I specify an amount, or would it be better to see if they offer any amount?

Any help with wording any of the above in a more professional manner would be much appreciated. Thank you in advance.

[Neptune]

I received the following email from managing agents this morning:

"Good Morning

I hope you are well

I understand that a section 8 has been served on behalf of the landlord and you will be required to vacate the property on 14^th June 2023.

For the end of tenancy procedure, we will book the check out inventory for 14^th June 2023, can you kindly let us know a good time for key collection.

As requested, we are informing you 13 days before this is to take place.

Kindly come back to us by Monday 12^th June 2023 with the time for check out.

If you have any questions please do not hesitate to contact me

Have a nice weekend"


How should I respond to this?

[PallasAthena]

I received the following email from managing agents this morning:

"I hope you are well
.
.
.

Have a nice weekend"

LOL. How insensitive can they get!

[Neptune]

LOL. How insensitive can they get!

Yes, very insulting. Their arrogance and ignorance is astounding.

From what I understand the director of their agency was previously shut down for poor practice and they have more recently opened under a new trading name.

[Neptune]

I have replied to the most recent email (above) from managing agents and also sent them a DSAR request. I am not sure if I should send a letter response to the solicitor, or wait to see what response the managing agents send?

I appreciate any help with how I should respond? Thank you in advance.

[Neptune]

Would anyone possibly be able to help with more professional wording of how to present my response letter to solicitor? As I do not think my draft examples in earlier posts are strongly worded enough.

I would appreciate some help with this as am struggling and this situation is having a very detrimental impact on my health. Thank you in advance.