Illegal sublet? Stolen Property?

Ian_Griffiths_Halifax

RabbitMad wrote: »

Of course its ok to break the door down. She lives there and its not opening. Its obviously just stiff and needs a nudge. At least thats what she'd tell the Police if they turned up.

Best suggestion so far.

jodenice

thanks to you all. we are going round there and we will be getting her stuff back. Hopefully with the door happily opened to us.

I'll let you know how it goes.

SABJ

good luck

Ian_Griffiths_Halifax

Any result jodenice?

tbs624

Poor "advice" from some posters above ie, to "kick the door in" - the likelihood of a charge of criminal damage to a council property will not help the OP's sister's situation one jot.

If the official tenant is subletting, then both she & the OP may face formal possession proceedings by the Council. If Housing Benefit/LHA payments are involved in this tenancy there may also be fraud issues.

OP - get your sister to go and get some proper qualified advice locally from a CAB or law centre. Alternatively, try Community Legal Services direct or ring Shelter 0808 800 4444

Ian_Griffiths_Halifax

What does it matter to the OP if the tenant gets kicked out?

What does it matter to the OP if the Deposit isn't refunded?

All she would have been doing is getting access to her home due to a stuck door. Going through CAB, Shelter or Solicitors doesn't solve problems like this. For problems like this............. You need the A team.

MrsTinks

Gaining access to any property she is not either on the tenancy agreement or mortgage for is "BREAKING AND ENTERING"... Your best bet if it isn't too late is to point out that your sis would like her stuff back and if not then you'll be more than happy to advise the council about the sublet which more than likely will get her booted out and thus homeless for not only her but also her algerian chap...
And asking the police to get involved might help too - especially if your sister has receipts for her goods... in that case it could be simple matter of recovering items. If they won't then she reports them as stolen and explain the circumstances.
Deposit: Small claims court.

tbs624

You really don't enough about the full circumstances, going on what the OP has put up so far about her sister's dealing with this tenant.

Boyfriend "off the tag", dodgy sounding dealings all round and you encourage the OP to go kicking in a door at a council property on behalf of his/her sister............how about the tenant reacting to this in a way that escalates things?

Nothing to do with the original tenant losing a deposit......criminal damage charge always looks good on your record though. (& for all we know the OP or his/her sister *could* already be just one step away from an ASBO.......;))

We'll agree to differ Ian.

Soot2006

Jodenice, any update please?

dag_2

I'm pretty sure that what has happened here counts as "illegal eviction" on the part of the OP's sister's friend's sister.

The OP's sister's friend's sister may well have breached her own tenancy terms with an unauthorised sublet - but even if she has, that doesn't give her the right to evict without notice.

http://england.shelter.org.uk/get_advice/advice_topics/eviction/harassment_and_illegal_eviction
http://scotland.shelter.org.uk/getadvice/advice_topics/eviction/illegal_eviction

It may be that the OP's sister does have a legal right to forcibly re-enter - but it's best not to assume this, and check with CAB or Shelter first, because there are a lot of what-ifs that it depends on.