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Landlord and neighbours false allegations how to deal with them

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  • Landlord and neighbours false allegations how to deal with them

    Hi I am new here and very sorry for the long post that follows. I am a long term tenant in a first floor flat with security of tenure, my current landlord bought the property at auction and is trying everything to get rid of me as the difference in price with me here v vacant possession after a bit of doing up is about £50K. Alongside that I also haven't spoken to my downstairs neighbours whom have a 999 year lease for over 3 years due to various disputes mainly due to their being no sound proofing between the 2 flats and their intolerance of hearing everyday living noises. My landlord is their Freeholder.

    So basically I had a long dispute with my landlord that went to tribunal over whether he could put the rent up using a section 13 or if he had to use the existing rent increase clause in my existing TA. His Solicitor withdrew the case just before it went to hearing after I had given my written submissions which showed he had no chance of winning.

    Subsequently myself and my landlord have had further dispute over repairs and him trying now to misinterpret the meaning of my rent increase clause. I had letters back and forth with his Solicitor in which I argued a good case on all fronts.

    However now he has stopped using his solicitor since January and writing letters himself. However these letters have been pretty bad. They sound professional but they are absolutely full of what I am sure must constitute harassment. He wrote one marked without prejudice in which he threatened to evict me if I didn't take £3K to go quietly. Also if I didn't go he said he was going to send builders around and totally redevelop the flat with me still living there, knocking down walls, moving room locations and services, converting the attic, knocking a big hole in outside wall of my flat for an external staircase he would have nowhere else to place than the downstairs leaseholders garden which belongs to them and he would have no right to do it within their lease terms.

    My TA is very short and doesn't contain detailed terms. Yet he wrote another long letter trying to tell me what I can and can't do according to some 'standard tenancy agreement' that he must have found on the Internet. Telling me to get rid of my dog I have had for 9 years and before he bought the property etc. Also false allegations purportedly from the downstairs leaseholders. These include that I am running a home dog boarding business from my flat and that I have a man living here full time and that he is playing loud music late and night and smoking near the vents in the downstairs flat (which don't exist). None of this is true. I do have a dog walking and pet visiting (in other people's homes) business but would not dream of boarding dogs here, you need a council license for that. My business is professional and above board in all respects. I don;t have anyone else living here, I do have a partner who may stay once a fortnight at the most and he has his own house (not rented) where he pays council tax etc. Also writing that I am in rent arrears due to his misinterpretation of the rent clause.

    After extensively legally researching all of the issues I wrote back only so far in relation to the complaints letters denying allegations of loud music or home boarding dogs. That my partner does not live here but if he did there would be no breach of tenancy terms. That having a dog has always been permitted so again no breach of tenancy again. Also pointing out where I felt that his letters were harassment. I also have asked for proof of the leaseholders complaints but he will not produce it even though he refers to emails and letters from them. I sent a data subject access request, he still refused. He also accused me of housing benefit fraud which is totally not true and if the HB dept investigated any complaint it would be verified that I have not committed any fraud.

    He wrote the very next day basically saying everything I have said in the letter is lies and repeating the allegations and has written further allegations saying that my TA is a fake so accusing me of fraud again. Yet he did not accuse it of being fake during the rent increase dispute though his Solicitor hinted at it.

    He has also written things that I have not said and misconstrued things regarding the repair issues, he denies all repairs and says if there are any it must be due to my damage. He has refused to inspect and not visited here for 2 years now. And so on.

    I feel overwhelmed and don't know where to begin. I am confident about where I stand legally on all the issues, that he has no grounds for eviction, that there has been no breach of tenancy, that I have not caused any nuisance. But I do not know how far he intends to pursue this so do not know what to do next.

    If this was just a personal dispute argument with someone sending me nasty texts and emails for example then I think the answer would be to report it and never respond to any of it because it encourages them to carry on harassing you.

    However if I just ignore everything here from now on I worry that it will all come back to haunt me should he start court proceedings for eviction for example. It seems that writing back to him only encouraged him to write another letter. Thus if I write back denying everything again and correcting him on points then I am sure I will get another harassing letter reply within a week accusing me of new stuff and repeating the old. However if I don't write back covering each point I worry that some adverse inference could be drawn from me not denying it in any later court proceedings?

    Has anyone any experience/advice what to do in these situations of getting false allegations and the other side lying at every juncture? Maybe these are common techniques people use to intimidate during legal cases? It has been causing me a lot of anxiety and detrimental effects on my business and personal life for 2 years now mainly due to the tribunal case but now he seems to be threatening to put me through more legal proceedings.

    I don't know if the complaints from the neighbour even exist but I can't ask them as we haven't spoken for over 3 years since the man downstairs harassed me in the street and I had to lock myself in my car to get away from him having a go at me. I am sure they have probably made some complaints about everyday noises but making up that someone lives here full time and that I have hoards of dogs boarding when I have 1 pet dog seems over the top even for them.

    Thanks in advance.
    Tags: None

  • #2
    Originally posted by KeepTheFaith
    Hi I am new here and very sorry for the long post that follows. I am a long term tenant in a first floor flat with security of tenure, my current landlord bought the property at auction and is trying everything to get rid of me as the difference in price with me here v vacant possession after a bit of doing up is about £50K. Alongside that I also haven't spoken to my downstairs neighbours whom have a 999 year lease for over 3 years due to various disputes mainly due to their being no sound proofing between the 2 flats and their intolerance of hearing everyday living noises. My landlord is their Freeholder.

    So basically I had a long dispute with my landlord that went to tribunal over whether he could put the rent up using a section 13 or if he had to use the existing rent increase clause in my existing TA. His Solicitor withdrew the case just before it went to hearing after I had given my written submissions which showed he had no chance of winning.

    Subsequently myself and my landlord have had further dispute over repairs and him trying now to misinterpret the meaning of my rent increase clause. I had letters back and forth with his Solicitor in which I argued a good case on all fronts.

    However now he has stopped using his solicitor since January and writing letters himself. However these letters have been pretty bad. They sound professional but they are absolutely full of what I am sure must constitute harassment. He wrote one marked without prejudice in which he threatened to evict me if I didn't take £3K to go quietly. Also if I didn't go he said he was going to send builders around and totally redevelop the flat with me still living there, knocking down walls, moving room locations and services, converting the attic, knocking a big hole in outside wall of my flat for an external staircase he would have nowhere else to place than the downstairs leaseholders garden which belongs to them and he would have no right to do it within their lease terms.

    My TA is very short and doesn't contain detailed terms. Yet he wrote another long letter trying to tell me what I can and can't do according to some 'standard tenancy agreement' that he must have found on the Internet. Telling me to get rid of my dog I have had for 9 years and before he bought the property etc. Also false allegations purportedly from the downstairs leaseholders. These include that I am running a home dog boarding business from my flat and that I have a man living here full time and that he is playing loud music late and night and smoking near the vents in the downstairs flat (which don't exist). None of this is true. I do have a dog walking and pet visiting (in other people's homes) business but would not dream of boarding dogs here, you need a council license for that. My business is professional and above board in all respects. I don;t have anyone else living here, I do have a partner who may stay once a fortnight at the most and he has his own house (not rented) where he pays council tax etc. Also writing that I am in rent arrears due to his misinterpretation of the rent clause.

    After extensively legally researching all of the issues I wrote back only so far in relation to the complaints letters denying allegations of loud music or home boarding dogs. That my partner does not live here but if he did there would be no breach of tenancy terms. That having a dog has always been permitted so again no breach of tenancy again. Also pointing out where I felt that his letters were harassment. I also have asked for proof of the leaseholders complaints but he will not produce it even though he refers to emails and letters from them. I sent a data subject access request, he still refused. He also accused me of housing benefit fraud which is totally not true and if the HB dept investigated any complaint it would be verified that I have not committed any fraud.

    He wrote the very next day basically saying everything I have said in the letter is lies and repeating the allegations and has written further allegations saying that my TA is a fake so accusing me of fraud again. Yet he did not accuse it of being fake during the rent increase dispute though his Solicitor hinted at it.

    He has also written things that I have not said and misconstrued things regarding the repair issues, he denies all repairs and says if there are any it must be due to my damage. He has refused to inspect and not visited here for 2 years now. And so on.

    I feel overwhelmed and don't know where to begin. I am confident about where I stand legally on all the issues, that he has no grounds for eviction, that there has been no breach of tenancy, that I have not caused any nuisance. But I do not know how far he intends to pursue this so do not know what to do next.

    If this was just a personal dispute argument with someone sending me nasty texts and emails for example then I think the answer would be to report it and never respond to any of it because it encourages them to carry on harassing you.

    However if I just ignore everything here from now on I worry that it will all come back to haunt me should he start court proceedings for eviction for example. It seems that writing back to him only encouraged him to write another letter. Thus if I write back denying everything again and correcting him on points then I am sure I will get another harassing letter reply within a week accusing me of new stuff and repeating the old. However if I don't write back covering each point I worry that some adverse inference could be drawn from me not denying it in any later court proceedings?

    Has anyone any experience/advice what to do in these situations of getting false allegations and the other side lying at every juncture? Maybe these are common techniques people use to intimidate during legal cases? It has been causing me a lot of anxiety and detrimental effects on my business and personal life for 2 years now mainly due to the tribunal case but now he seems to be threatening to put me through more legal proceedings.

    I don't know if the complaints from the neighbour even exist but I can't ask them as we haven't spoken for over 3 years since the man downstairs harassed me in the street and I had to lock myself in my car to get away from him having a go at me. I am sure they have probably made some complaints about everyday noises but making up that someone lives here full time and that I have hoards of dogs boarding when I have 1 pet dog seems over the top even for them.

    Thanks in advance.

    What type of tenancy you have, you say you have "security of tenure"

    Private landlord

    Assured Tenant "secure" moved in before February 1997 and No s20 notice issued at start of tenancy

    Regulated Tenant "protected" moved in before January 1989

    The dates are sightly different depending where you live E&W,Scotland or NI ?

    Comment


    • #3
      It's an Assured Tenancy, pre Feb 97 no s20 notice issued.

      Comment


      • #4
        Originally posted by KeepTheFaith View Post
        It's an Assured Tenancy, pre Feb 97 no s20 notice issued.
        Below are the grounds for mandatory and discretionary grounds for possession of assured tenancies.

        http://england.shelter.org.uk/legal/...ured_tenancies

        I would personal take no notice of any threats/ harassment from the neighbours and LL and just carry on with your life.

        If there is dispair in the property read on https://www.citizensadvice.org.uk/ho...rented-tenant/

        If your LL continue harassment against you could sue LL for damages or injunction, contact Shelter or CAB and see what your options are.

        Local council housing department could help but it depend on the council and which part of the country your in.

        Some councils have a "TRO" tenancy relation officer who can intervene, just search on line for "tenancy relation officer" and see if it come up with your local council.

        Anything serious from the neighbours or LL contact the Police.
        Last edited by 45002; 20th March 2019, 00:43:AM.

        Comment


        • #5
          Thanks for your help.

          They don't have any TRO at my council they have never heard of them. They just said if I get a section 8 notice to phone them. I rang a legal aid solicitors they said if the LL is getting complaints from the neighbours it is his duty to look into them and again to wait for a s8 notice then they would look at the letters and pick them apart if the case went forwards.

          With regards the s8 grounds I have looked at those and I reckon the LL has too because he would appear to be trying to make a case on several of the grounds. I don't think he has much comprehension of the law and is reading bits then making up the rest in his head. Now that he has stopped using his Solicitor he is a loose canon.

          If things carry on then I will end up having to go for a civil harassment case against him to get him off my back. But he may serve a section 8 notice based on his rubbish, it won't cost him anything to do this and as in the rent increase civil battle it will just be viewed as him having a right to take a cause of action no matter how weak his case.

          My main concerns for now is whether I need to keep writing and denying the allegations? I know in criminal law if you don't mention your defence when questioned by the police that can be brought up in court later and they can make an adverse inference. But I am not sure if similar applies in civil law? I looked at the civil procedure rules and see that when you fill out your defence you have to deny an allegation else you are taken to have omitted it. But if you haven't written to deny allegations earlier on in the process then would this again allow the judge to draw an adverse inference? Or could it have costs consequences as if I am just ignoring allegations then it looks like I am not doing anything to resolve the dispute to stop it going to court?

          I already wrote in my last letter to him to ask him not to trouble me with unreasonable or fabricated allegations from the neighbours or himself and that I wouldn't get into further protracted correspondence and if he continues I will consider my legal options. That didnt work as he wrote 3 page letter back immediately. He has given me a form of 7 things to fill out saying 'I will/will not do X', 'I will/will not stop doing Y'. He thinks he has the same authority over me as the police because he is my landlord and thinks he can tell me to do whatever is in his head. He refers to him doing 'investigations' and such like.

          I am considering to write one more letter briefly stating the fake TA allegation is denied, that I won't be giving access for his redevelopment project only for repairs and I will not enter further dialogue unless it is from his Solicitor, then ignore anything else I receive from him. Do you think this is a good idea?

          Comment


          • #6
            Originally posted by KeepTheFaith
            Thanks for your help.

            They don't have any TRO at my council they have never heard of them. They just said if I get a section 8 notice to phone them. I rang a legal aid solicitors they said if the LL is getting complaints from the neighbours it is his duty to look into them and again to wait for a s8 notice then they would look at the letters and pick them apart if the case went forwards.

            With regards the s8 grounds I have looked at those and I reckon the LL has too because he would appear to be trying to make a case on several of the grounds. I don't think he has much comprehension of the law and is reading bits then making up the rest in his head. Now that he has stopped using his Solicitor he is a loose canon.

            If things carry on then I will end up having to go for a civil harassment case against him to get him off my back. But he may serve a section 8 notice based on his rubbish, it won't cost him anything to do this and as in the rent increase civil battle it will just be viewed as him having a right to take a cause of action no matter how weak his case.

            My main concerns for now is whether I need to keep writing and denying the allegations? I know in criminal law if you don't mention your defence when questioned by the police that can be brought up in court later and they can make an adverse inference. But I am not sure if similar applies in civil law? I looked at the civil procedure rules and see that when you fill out your defence you have to deny an allegation else you are taken to have omitted it. But if you haven't written to deny allegations earlier on in the process then would this again allow the judge to draw an adverse inference? Or could it have costs consequences as if I am just ignoring allegations then it looks like I am not doing anything to resolve the dispute to stop it going to court?

            I already wrote in my last letter to him to ask him not to trouble me with unreasonable or fabricated allegations from the neighbours or himself and that I wouldn't get into further protracted correspondence and if he continues I will consider my legal options. That didnt work as he wrote 3 page letter back immediately. He has given me a form of 7 things to fill out saying 'I will/will not do X', 'I will/will not stop doing Y'. He thinks he has the same authority over me as the police because he is my landlord and thinks he can tell me to do whatever is in his head. He refers to him doing 'investigations' and such like.

            I am considering to write one more letter briefly stating the fake TA allegation is denied, that I won't be giving access for his redevelopment project only for repairs and I will not enter further dialogue unless it is from his Solicitor, then ignore anything else I receive from him. Do you think this is a good idea?
            Stop writing.

            Its going to do you know good and if LL gives you a NTQ deal with it then, until then stop worrying about it.

            I know it may be difficult but just carry on with your life as normal.

            Comment


            • #7
              Could I just ask what the main reason is you say not to write again? My main worry is in not denying the fraud allegation at this stage it will reflect badly on me further down the line. Also he misunderstood else misconstrued where I wrote in my last letter that under the terms of my tenancy pets are allowed. I have written that based on the contract law position that it does not say no pets in my TA, I have always had pets (therefore by course of conduct they are allowed), plus there is nothing in law that I know of that states pets are not allowed by default. But he has written that me writing pets allowed under the TA is me saying that there is a detailed written TA document that I haven't told him about. So worry again if I don't correct him on this now again it will reflect badly on me later. The other thing I worry about is he said he is going to redevelop and will let me know when building work will start. I haven't yet written to say no I don't give permission so worry is I will get a letter saying building works starting tomorrow then next day I am faced with a bunch of irate builders at my door demanding to get in. Of course writing back is bound to generate another letter from him which may have more things in I will want to deny etc and so I do realise this has to be the very last letter I write. Or you still think quit now?

              Comment


              • #8
                Landlord has sent another letter repeating all the same false allegations. Except now he is demanding to come and 'inspect' , says he is bringing another 'property professional' around with him. Reasons for inspection is basically to harass me about the false allegations and make sure I have removed all the dogs including my own pet dog from my flat and removed my lodger (I don't have any lodger) etc. Also says to view the condition of the property. The latter would be fair enough. But in view of all the letters I have had from him and the harassing nature of them I don't want him coming round harassing me about nonsense. He is probably intending to bring one of his mates who will witness and say whatever nonsense the landlord cares to concoct about me and the flat. I am also worried it could turn nasty if he comes into my flat. I am a single woman living alone, middle aged, small frame. I feel vulnerable. His letters cause me immense stress, I cannot cope with him coming around and all the inevitable fallout that will likely proceed after that.

                Therefore I think the best thing is not to cooperate with any inspection and ignore his latest letter. I realise it could end in court but I think I would have enough of a defense for the reasons for not allowing him access as I can show the court all of the correspondence, which won't show him in a good light.

                IMO this has nothing to do with a landlord wanting to comply with his responsibilities. He has already indicated he has no intention of doing any repairs and will blame any defects on me. This is a control issue. He wants to come around and throw his weight around and try dictating what I can and can't do in my own home. There is no breach of any tenancy terms because there is no proper TA.

                Do you think ignoring his latest letter and not allowing the so called inspection (snooping harassing operation) is best course of action for now?

                Comment

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