Would you beleive it? What would you advise these tenants to do next?

fimonkey

This is on behalf of my new friend and housemate who moved into our flat on the 17th March, but her (and her prev housemate's) previous joint shorthold tenancy at another property was until the 18th April. The reason for the overlap was so she and her friends could take their time moving out and clean the place top to bottom.

Today they went round to move the last of their stuff out and clean and were astounded to find a group of Turkish men sitting in their lounge watching their TV! Thinking the Turkish guys were squatters my friend called the police, but when the police turned up the Turkish guys produced a piece of paper as a receipt for their deposit for living in the new flat. The landlord then turned up and was quite aggressive, he tried to blame the letting agency. The police left (not wanting to get involved).

The new "tenants" had binned or were using the rest of the stuff my flatmate and her friends had left behind, and all mail for them had been binned (inc letters from utility companies acknowledging end of their tenancy). My friend managed to recover most of her stuff, however her ex housemates are still missing various items.

They are planning a trip to the LA tomorrow to find out whats going on. They obviously want their deposits back in full (the LL is the type who would keep these for 'cleaning') and they want their rent back from the period the flat was re-let up until the end of their tenancy. My advice is to not talk to anyone in person but to now keep everything in writing so they have a record when/if it goes to court for any reason. Their LL sounds like a total bully (think Sheriff Fatman) and I can imagine he wouldn't just give in and hand over the money they want. LA's a re notorious for wriggling out of their responsibilities.

I've suggested they ring shelter for advise, is this right? I also think they should ask for more money to replace the rest of the missing property from the LL.

What exactly are their rights though and what should they do next?

What about the utility companies whom they informed they'd be leaving on the 18th April so the bills are still technically in their name even though the Turkish Guys are using utilities now.

Has any criminal offence being committed or is this all civil?

Thanks in advance.

olly300

If your friends' had claimed they had still lived in the flat but had just gone away, or they still lived in the flat and where in the process of moving then the police would have got involved as it's illegal eviction.

As they claimed they had already moved out then the police aren't interested so it's a civil matter.

The first thing your friends need to do is inform the utility companies and council tax department they have been illegally evicted with the date it happened.

Then they need to write to the utility companies and council by recorded delivery stating the same thing.

The friends need to work out the cost of everything i.e. replacement of belongings, rent, utility bills that they are charged for and ask the landlord for the amount verbally.

The letting agent is not responsible for this as they are acting on behalf of the landlord. They should not correspond with the letting agent at all except to get their deposit back.

They need to be prepared to take the landlord to the small claims court to get their money. Shelter will probably tell them what letters to write in what order.

One issue you are going to have is serving the letters to the landlord. Have a search through the forums for suggestions on how to do it so it's proven he has got them before starting they start the court case.

hugheskevi

I'd put this post on landlordzone, which is a specialist forum giving excellent advice on legal matters around letting:

http://www.landlordzone.co.uk/forums/forumdisplay.php?f=3

fimonkey

Hi, Have posted this on landlord zone but no answers as yet. Hopefully Shelter will come up trumps.

tbs624

Contact the Private Sector Rental Officer at the local Council. They have the power to prosecute LLs who ignore their legal obligations.

Clearly if your friend's contract was not due to expire until April 18th, then she & her former co-tenant had "exclusive occupancy" of the property until that date, unless they had come to a specific arrangement with the LL to give up their occupancy earlier.

Were their tenancy deposits protected?

Planner

Your friends have to all intents and purposes been illegally evicted. As suggested they should contact the local authority private tenancy officer and/or a solicitor.

fimonkey

Hi,

Yes their deposits were protected. Is illegal eviction a criminal offence?