Deposit/Illegal Eviction Issue

Fire_Fox

anonacct wrote: »

My partner was a full time student at the time and I was the only one with money coming in. I would normally be paid monthly on the monthly pay run but this was stopped as soon as my work contract ended and it took a further 2-3 weeks before the final renumeration was paid. I had kept her informed at all points regarding the late payment of rent and she was as okay as can be about it as she was charging me 8% of it in interest daily from the 12th day of late payment. Yes me and the girlfriend were living together, she took the TV and lots of other belongings, it was pretty messy break to be honest.

Which type of full time student has no money coming in? College kids get EMA or Income Support if estranged from their parents, university students receive either a grant or help from their parents PLUS a maintenance loan which is not means tested PLUS any income from a part time or summer job. Either you are pulling the wool over our eyes or she was pulling the wool over your eyes!

Wickedkitten

The landlord is totally in the wrong. I don't know how she can possibly say that you abandoned the flat considering that your belongings were obviously still there, not to mention that you had 4 months left to run on your contract. That's not getting into the fact that she never protected your deposit and even if you were in arrears, she can't just decide to evict you, she would have to wait until you are at least 8 weeks late with it before she would even be able to get a court order for non payment!

If I were you I would check with legal aid because depending on whether you have savings or not, you could be able to get your case handled for free, if not you might be covered under legal cover if you have any on your contents insurance.

Good luck either way.

anonacct

Fire_Fox wrote: »

Which type of full time student has no money coming in? College kids get EMA or Income Support if estranged from their parents, university students receive either a grant or help from their parents PLUS a maintenance loan which is not means tested PLUS any income from a part time or summer job. Either you are pulling the wool over our eyes or she was pulling the wool over your eyes!

She had spent her Student Loan by this time and I was still to be expected working and being paid, My contract finished after she had spent the money, by this time we were on the rocks anyway and she went back to her folks, as did I

Jowo_2

anonacct wrote: »

also hasnt she a duty to look after my belongings?

Only for 3 months - you had a duty to collect them and pay her any relevant removal and storage costs.

chappers

This seems to be a clear case of illegal eviction, the tenant tried to regain access to the property two days after the event and the locks had been changed, because the tenant didn't realise at the time he had been illegaly evicted doesn't mean he hasn't.
On top of this there has been a failure to protect his deposit.
Regardless of the rent arrears the LL cannot evict him without a court order.

That being said the best advice you have been given if you want to fight this is to get all the facts down on paper, dates, times what has been said between the two of you, including any e-mail evidence you have . Then find yourself a solicitor who specialises in housing law and see what they have to say.
Depending on what they say you may be able to fight this yourself, you may also be able to engage a solicitor on a no win no fee basis and unless you go see one you will never know.