Ex landlord demanding debt with threats

[stunner1901]

Hi everyone

I think this is the right thread to post in as it is to do with my ex-landlord, but if not i apologise in advance

I left my rented property in january by mutual consent, to prevent the arrears worsening (£2900 at the time), and said that when i could start to clear arrears i would

Unfortunately my financial situation as only improved slightly and i still haven't started to clear them yet

On sunday i got a visit from by ex-landlords , business partnership builder and accountant, and i explained that i am still in deep mire but would start to pay £50 a month starting sept.

they threatened bailiffs etc., andi said i know how courts work and that doesnt change fact that best i can do is 50

they left and later on sunday night i got a facebook message saying its £100 a month starting september or bailiffs will be sent in, these bailliffs dont work for the court, just me!!!

Obviously this is a threat of violence/intimidation, what are the legal grounds that i have on my side?

I presume it would be obtaining money with menaces? theft if they broke in and took goods? blackmail?

How would the accountant stand if i notified her company/fsa? would she get struck off?

I will pay but i dont like threats being made against my family

Your thoughts are much appreciated

Stunner

[SpringerSpaniel]

Re: Ex landlord demanding debt with threats

It would be harrassment, contrary to the Protection from Harrasment Act. You could make a civil claim against the perpetrators, if they harrass you furthr it becomes a criminal offence.

There is also a common law offence, harrasment of debtors, you should consider involving the polkice, esp if your family are being threatened. (This applies in England and Wales, please clarify if you are or this happened in Scotland)

[CleverClogs]

Re: Ex landlord demanding debt with threats

they left and later on sunday night i got a facebook message saying its £100 a month starting september or bailiffs will be sent in, these bailliffs dont work for the court, just me!!!

Wasn't that nice?

Did you take a screen print of that threat?

Did you report it to Facebook, or the police?

[stunner1901]

Re: Ex landlord demanding debt with threats

Thanks both for replies.

it is a message so I have it saved, but wanted clarification before I approached the police

I'm worried that if I involve police and it is a "nothing" offence that it will make it worse.

if it would only be a slap on the wrist they might say sod it and send them in anyway

regards
stunner

[PlanB]

Re: Ex landlord demanding debt with threats

I left my rented property in january by mutual consent, to prevent the arrears worsening (£2900 at the time), and said that when i could start to clear arrears i would

Unfortunately my financial situation as only improved slightly and i still haven't started to clear them yet

Of course you should report this incident to the police who will give you an official Crime Reference Number. These guys are thugs and they need to be stopped. Let the police worry about what technical crime they may/may not have committed. If you accuse them of harassment and intimidation then the police will have a duty to follow up your complaint :mod: That way these thugs will know you're not going to let them bully you again. Was there anyone else in the house to witness this incident?

If there are rent arrears then your Landlord can go about collecting these through the county court like every other Landlord. Bailiffs cannot be sent to your home unless the Landlord has obtained a CCJ against you first, and then only if you default on the repayment schedule ordered by the court.

The most important point (for me) is to established whether you even owe your Landlord any money at this point in time. Was your deposit insured and were you given all the prescribed information at the time? If not then the Landlord can't serve you notice to quit although you say you have already left by "mutual consent". Something tells me that "mutual" may have been a bit one-sided with bully tactics from your Landlord If the deposit wasn't placed in a Government backed scheme then they may not be able to collect those rent arrears in court without the risk of a financial penalty against them too. They certainly can't do anything until they insure your deposit and I'm not sure they can do that in retrospect now you've vacated the property.

Did your tenancy agreement (was this a private Landlord?) state clearly the name and address and all contact details for the Landlord? If not under section 48 of the Landlord & Tenant Act they cannot collect any rent. Read this to cheer yourself up

http://www.burywalkers.com/news/does...-home-address/

If you left the property before the tenancy agreement expired then you will be responsible for all rent due up until the end date unless your Landlord agreed to a voluntary termination etc. Was the "mutual agreement" recorded in writing anywhere? Do you know whether the property has been re-let since? If so then the court would probably not order you to pay any rent technically due since that date (new tenants' occupation) because a Landlord cannot collect the rent twice (if you follow me).

[PlanB]

Re: Ex landlord demanding debt with threats

I left my rented property in january by mutual consent, to prevent the arrears worsening (£2900 at the time)

What were the exact circumstances surrounding your vacation of the property by "mutual consent" in January. Did you feel you were being harassed by your Landlord at the time? Do you feel you were threatened or forced to leave because of those rent arrears? Most tenants would sit tight and wait for the Landlord to take them to court and get a possession order followed by an Eviction Warrant which typically takes five months to complete the cycle during which time normally no rent is paid. Why did you pack up your family and move on?

Because if your Landlord put any pressure whatsoever on you to leave your home then this could be seen as an *illegal eviction* (no bailiffs needed just undue pressure is enough) even if you surrendered, caved in and agreed to pack up and leave voluntarily. An *illegal eviction* is a criminal offence. Maybe now is a good time to pursue that line of thought with the help of Shelter and your local police:

http://england.shelter.org.uk/get_ad...legal_eviction

[wales01man]

Re: Ex landlord demanding debt with threats

Iwas shocked at 2am when I first read this post I was lost for words hopefully taking the advice from the OP will go to the police and get this sorted these bullies need stopping to pursue the debt they can use the courts or is there a reason they don't.

[PlanB]

Re: Ex landlord demanding debt with threats

Hang on a minute Stunner. I've looked back at two previous threads of yours and it appears it's the same Landlord featuring in both. Have I got that right? This bloke:

http://www.legalbeagles.info/forums/...nced&highlight=


If I have then I doubt your tenancy agreement was even valid in the first place It says in your other thread that the new AST you signed in January 2012 included payments towards rent arrears from a previous tenancy agreement. A Landlord can't do that. They can't *roll over* rent arrears from an expired legal contract into a new one. What was he thinking :scared:

A tenancy agreement isn't a legal instrument for collecting old debts, it's for collecting rent due between two specific dates i.e. the start date and the end date. Simples. What's more it looks like (correct me if I'm wrong) some of these rent arrears were from a period when he didn't even give you a tenancy agreement to sign. In which case I would say "Rent arrears? What rent arrears? Prove it Mr Landlord".

I hope you've kept that latest AST document from January 2012 - January 2013 because it will be most relevant

[FlamingParrot]

Re: Ex landlord demanding debt with threats

it is a message so I have it saved, but wanted clarification before I approached the police

I'm worried that if I involve police and it is a "nothing" offence that it will make it worse.

The Police have a duty to investigate any complaints they receive and it's up to them to make an assessment and determine whether an offence was committed or not. :mod: If not, all they'll do is get back to you and report that they've looked into it and no offence has been committed, looking into it will usually involve having a word with the party you're complaining against. In some cases, this fact alone could have the desired effect, even if the Police take no further action. :thumb:

Do bear in mind that the Police may take their time acting on the complaint if they don't regard it as being a priority. :sad:

[CleverClogs]

Re: Ex landlord demanding debt with threats

The former landlord isn't called Hoogstraten, is he?

[bluebottle]

Re: Ex landlord demanding debt with threats

The former landlord isn't called Hoogstraten, is he?

At which point should one break out the garlic, crucifix and pointed wooden stake? :grin: