Editor's Blog3 mins ago
Guarantor harassment
4 Answers
My landlord is trying to evict me illegally after giving me 3 days notice to leave my property. I have informed her that as there is an assured shorthold tenancy agreement in place, she has to go through the correct legal proceedings, ie. section 21 notice and court order.
I know I have every right to stay here for now while that process takes place, however, my landlord is calling my mother late at night to complain about me not leaving the property. My mother is guarantor but there are no rent arrears. I have been informed that this consitutes illegal harassment as do the emails I have recieved threatening to evict me this Saturday, however I am in need of advice.
I cannot finf information on the legalities of contacting guarantors. I have read on some guranator agreements, that they can only be contacted when the rent is in arrears or the tenant has failed to meet other financial commitments. I have also read that in such cases, they can only contact the guarantor in writing 28 days after failure of the tenant to pay his or her rent or other commitment and that the letter must allow 28 days for the guarantor to pay the arrears.
Can anybody tell me if this is true as I need to communicate to my landlord that she cannot call my mother to complain, nor can she turn up at the house on Saturday and do anything to disturb my peace or evict me.
Any help will be gratefully recieved.
N.B. I have the support of my local council in the illegal eviction/harassment of me, I just want to know how I can tell my landlord that she cannot harass my mother. We've recently suffered a close loss in the family and she can really do without the stress.
I know I have every right to stay here for now while that process takes place, however, my landlord is calling my mother late at night to complain about me not leaving the property. My mother is guarantor but there are no rent arrears. I have been informed that this consitutes illegal harassment as do the emails I have recieved threatening to evict me this Saturday, however I am in need of advice.
I cannot finf information on the legalities of contacting guarantors. I have read on some guranator agreements, that they can only be contacted when the rent is in arrears or the tenant has failed to meet other financial commitments. I have also read that in such cases, they can only contact the guarantor in writing 28 days after failure of the tenant to pay his or her rent or other commitment and that the letter must allow 28 days for the guarantor to pay the arrears.
Can anybody tell me if this is true as I need to communicate to my landlord that she cannot call my mother to complain, nor can she turn up at the house on Saturday and do anything to disturb my peace or evict me.
Any help will be gratefully recieved.
N.B. I have the support of my local council in the illegal eviction/harassment of me, I just want to know how I can tell my landlord that she cannot harass my mother. We've recently suffered a close loss in the family and she can really do without the stress.
Answers
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Tell your landlord that if she continues to harass you or your mother then you will report her to the Police. Make notes of all the incidents to substantiate your complaint. This kind of behaviour is not acceptable and you and your mother have every right to expect your landlord to act in a more civilised manner. You may not need to contact the Police as the threat may be enough to stop this happening.
My daughter lived in London for several years. Her problem was the opposite to yours - one flat became very very damp and she wanted to get out but the landlord denied the damp and insisted on her staying until the term ended. She said she was going and he started harrassing her. She reported him to the police. An officer phoned him to warn him off and he started threatening her!! In the end he was threatened with arrest and he backed off.
Just to add, she can't issue a section 21 notice which terminates the tenancy before the end of an AST.
If she wants you out early she needs to apply for a section 8 notice which will only be granted but the court under specific and strict circumstances, her wanting the property back would not be one of them.
If she wants you out early she needs to apply for a section 8 notice which will only be granted but the court under specific and strict circumstances, her wanting the property back would not be one of them.
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