Rogue Landlords, Rogue Tenants and Our First Nightmare!
Whilst there is no doubt that there are some good (even great) landlords there is however another category of landlord: that of ‘rogue’. It is actually not a new way to describe bad landlords because the Rent Act 1977 and the Protection from Eviction Act 1977 gave added protection against rogue landlords by putting in place measures to deal with tenant harassment and illegal evictions.
It is also important to note that tenants can also cause real problems, whether the landlord is good or ‘rogue’ as the following article shows.
The first serious landlord and tenant problem was one we inherited when we first took the block over. The tenant had a major drinking problem and the landlord, (who we believe picked the tenant up off the street and put him here but the tenancy was shrouded in secrecy) entirely washed his hands of him but, as far as we were aware, still got the rent. So, in the early days of management, and despite the e-mails and letters to the landlord a) explaining the situation, and b) continually asking him to carry out essential repairs to the property, everything fell on deaf ears. This left myself and my partner with no choice but to deal with the drunken down and outs we found in heaps in the garden, on the stairs and in some cases, outside residents front doors! We also had the added bonus of being subjected to verbal and physical abuse and even had a dog let loose on us!
Asking the landlord to evict the tenant also got us nowhere.
PROHIBITION ORDER & PROSECUTION!
We must have eventually ground the landlord down because he finally came to see us and requested witness statements about his tenant to support the e-mails and letters we had sent. Whilst this was a perfectly reasonable request which we complied with, we felt it was simply yet another delaying tactic.
In the meantime the tenant decided to hot wire the electricity meter which ultimately led to its removal, leaving him without heat and light and using candles(!). I ended up using the Housing Health & Safety Ratings System to get the council to come to inspect the flat, hoping they could do what the landlord had continually failed to do.
After issuing a Works Schedule which was ignored, Environmental Health (on behalf of the council) placed a Prohibition Order Notice on the flat in March 2012 which was a formal notice saying that the property could not be occupied because it was unfit for human habitation. It had 3 Cat 1 hazards (Cat 1 being the most serious) of fire, cold and trips making it very dangerous for anyone living in it so te tenant was required to either leave the flat or, ask the landlord to find somewhere else whilst repairs were carried out to make the property safe before the flat could be used again.
Note: Such a notice can also be served by a Fire Officer.
The council tried to give us more assistance by getting the tenant evicted by contacting the landlord themselves but their attempts were also ignored. So they decided to prosecute him for failure to evict. The reason for this decision was that the Housing Act only prescribes, (by way of enforcement of the Prohibition Order), either prosecution of individuals in breach, or entering premises to carry out work in default, the latter which apparently they could not do although I never was able to clearly establish why.
As usual the landlord totally ignored not only the first of his court hearings which was at the end of September 2012 (adjourned with a new date set for the end of October), but that one too, apparently due to his ill health. A “Not Guilty” plea was entered in his absence and a trial date was finally set for 21st January 2013 where LBWF Housing Standards attended court and gave evidence. Unsurprisingly he again failed to attend and they proceeded in his absence. He was found guilty of breaching the order and was fined £500, with costs of about £1500.
Whilst this dealt with his failure to evict the tenant on a financial level it dealt with nothing else, leaving us with a lousy landlord and a tenant remaining in a flat unfit for human habitation.
The continual drunken shouting and swearing emanating from the flat still gave us cause to keep calling the police. The tenant even ended up being assaulted by one of his so-called ‘friends’, taken away by ambulance and the ‘friend’ arrested on a charge of GBH. The police also said they smelt gas from the flat so we called the emergency gas number and the supply was subsequently turned off. So, the only utility the tenant was left with was cold running water!
All this was then followed by a number of attendances to the flat by the paramedics relating to the assault but despite this, in his weakened mental state he allowed his attacker to come with him each time the paramedics attended! More ‘friends’ kept coming to the flat and when some couldn’t get in, they broke the lock on the roof access door and took shelter in there overnight, scaring half to death the tenants in the flat next door. This was the second flat where tenants moved out as a direct result of the goings on.
WE GET ARRESTED!
At the beginning of 2013 two unknown women and children were found by my partner hanging around the rear of the property. We were already on a ‘state of alert’ in that a fireworks display was being held close by and our block was a magnet for trouble at the best of times, both by people who lived here and people that didn’t!
We went down to see if they were looking for someone but we were told to go away in not the politest of terms so we politely asked them to leave the premises. They started hurling abuse at us and the younger of the two women then started screaming that my partner had assaulted her mother and her child and would someone call the police! She was so loud she gave cause for some stewards who were policing the event to come to the front of the block! Someone did actually call the police, (I don’t know who) but I thought that at least it would soon be dealt with for what it was. Some hope! My partner was arrested on the spot for the alleged assault of a child! After following him to the police custody suite and realising there was nothing I could do as he could be in there for hours, I returned home.
I was arrested myself 3 hours later on a fabricated racial abuse charge. Three police offers attended, I was handcuffed in my own living room (hands behind my back, not in front which made me feel like Public Enemy No 1) read my rights and taken down to the police van.
Distressed and Angry!
I was extremely distressed and angry whilst I was being transported to the police station and when I arrived I could not stop pacing up and down whilst I was being booked in. I was photographed, finger printed and a DNA swab taken. I asked for my partner to be advised that I too had been arrested and used my right to contact a solicitor before I was placed in a cell for the night.
In fairness the police looked after me really well, providing me with coffee (I declined the offer of food), books and blankets. I had access to the nurse at 4am because my back pain and hip bursitis had kicked in and I needed painkillers as the stress and the ‘bed’ had aggravated both conditions.
My solicitor attended around 10am the following morning and I totally denied the charge. In fact when he read out the full sentence of what I was alleged to have said which was to have called them ‘black bitches and that they needed to ‘f**k off back to where they came from’, I was absolutely gobsmacked! I then asked what rights did I have under the circumstances but it appeared that at this point I didn’t actually have any. So I could be arrested on a false and malicious charge of racism (they had hours to fabricate it) but could not lodge any counter-protest or complaint in immediate response.
After relaying my side of events on recorded interview to the investigating officers about an hour later, I was finally released on police bail to re-appear on the 25th January, as was my partner.
On going back a bit further on the CCTV on our return, my partner discovered that in fact these women had not entered any of the flats visiting a sick relative as they had claimed to the police but had been to see the tenant which they admitted when interviewed.
Of course there was no case to answer for either of us but it wasn’t going to be pursued on our behalf as it wasn’t in the public interest! So they were free to pull that kind of stunt somewhere else!
Whilst the council continued to carry out a number of visits to the flat, took witness statements from other residents who had been affected by the behaviour of the tenant and his ‘friends’ and I continued to liaise with my ward MP, all the council could do in the end was to issue an invitation to the tenant and his ‘friends’ to sign up to an Acceptable Behaviour Contract! Why on earth they would they do that as a stand-alone measure when it is was offence to allow the property to be used under a Prohibition Order beat me!
LANDLORD DECLARED BANKRUPT & TENANT EVICTED!
Just when we were despairing of getting the problems sorted, to our intense relief the landlord was declared bankrupt. I spoke to his lender and provided the full picture in terms of the Prohibition Order and asked what should happen next. I was advised that the normal procedure would be for the flat to be repossessed, the tenant evicted (so the council would have to re-house him) and the property likely sold at auction (and at a considerable loss). The only advice they could give me was to keep an eye on the front door to see if any repossession notices had been posted on it!
It was our company solicitor who provided us with the name and contact details of the trustee in bankruptcy who was dealing with the landlords’ estate so I contacted him to see if he could tell me anything. At his request I provided him with details of the lender, a brief overview of the situation and a copy of the prohibition order. He also wrote to the new solicitor at the council to try and get more information regarding the questions I had previously raised regarding the Prohibition Order as I continued to be ignored. He also stated that because he didn’t need to sell all of the properties in the portfolio to pay the landlords debts, this particular flat would not be included due to its inherent problems.
However, if we were to send details of monies owed up to the date of the bankruptcy then there would be money available to pay us for service charge and ground rent arrears accrued to that point.
Finally the locks were changed on the flat, it was made secure and the bailiff attended on the 8th July 2014. As far as we were aware the tenant was in hospital at the time so you can imagine our shock when he arrived on our doorstep in a very bad state and still in hospital garb. I rang the council and found his social worker who told me to speak to the ‘out of hours’ social worker as she had finished work for the day. This conversation resulted me being advised to get the tenant re-admitted to hospital so all the relevant assessments could be done, (not to mention getting him a roof over his head). Which I did.
Sadly and despite the attempts to help him made by us and others, the tenant died. There was a brief time where he had been seen looking physically better and smarter but in 2016 he was taken to hospital and whilst he got through an operation on his liver, his other organs failed.
I could not help feeling rather sad, as I remembered him when I still saw a spark in him that could have been ignited if he had wanted it to be.
The flat has was subsequently sold on the open market at £105,000 (!) and purchased by a really good landlord although we didn’t envy him the work he was taking on as this is what was found on opening the flat up.
The flat is now beautifully kept and to date the tenants he has placed in there have been really good ones.
The next landlord and tenant was even more of a nightmare because it led to a number of assaults on both me and my partner and being arrested on false charges. This story can be read here.