Evicted, locks changed, no notice...

[Deleted User]

The problem with that idea is that the LL has indeed committed theft.., she knows his goods aren't hers and she hasn't returned them. She knows what she has done is wrong morally and legally because she tried to get the OP to sign a form saying he didn't mind lol. It has cause untold disruption to his life and while this might not cause risk to life and limb.., its definitely not a situation he asked for either. And has been pointed out, what if this had been a single mum with kids? Fortunately this OP has his wits about him, is fairly knowledgeable and minimised the effect the eviction had on him (even so he's sleeping on someone's floor) not everyone does and can do this.

A fine does not have the same deterrant effect as the serious threat of a prison sentence. I had my OH under threat of a short prison sentence a few months ago for a driving offense.., he won't offend again I can tell u.

GDB2222

The victim normally doesn't get any of the fine levied on the criminal. Touche can bring a civil case for his losses, including disruption and upset. In the case of a financial crime, such as this one, a fine surely has a major deterrent effect? I can't see the LL doing this again if she's convicted. You have to do something pretty majorly wrong to get imprisoned for a motoring offence.

dawyldthing

Touche, I think you have done the right thing. What the landlord has done it unacceptable. I would ask the Citizens Advice Bureau for advice too as its free and they might be able to direct you to the no win no fee solicitors that can help you. Best of luck though

surreybased

Hi Touche,

Glad you seem to be getting back to some normality in your life. Suggest you take photographs of your items, packaged, as well as keeping a written log.

We're all outraged on your behalf. On a another thread there was a discussion about LL and tenants rights. What your case highlights is that even though your LL is acting against the law the impact is on the tenant. You seem to be coping very well with the upheaval but had this occured during a stressful period in life (like exams time) or if it happened to a family then the impact would have been major.

I think tenants need to know more about their LLs before renting.

MissMoneypenny

Fire_Fox wrote: »

When did I intimate it was? Did I seek to excuse anything that this shoddy landlord or the ex-cons I know have done? Maybe in your black and white world all criminal offences have a helpless victim and an evil mastermind, but the real world is far more complex that that.



Manslaughter: a twenty-something man gets into a drunken fight and somebody dies. The survivor is not aggressive at all but he is cheeky, so I suspect he 'started it'.

Firearms offence: a soldier breaks up with his partner and finds out she cheated. Loses the plot mentally and goes round uninvited. Nobody is physically hurt; soldier loses his liberty and his career.

Possession of Class A/B substances: No sad back story just a dealer of 'recreational substances'. No real regard for the law so no asset to society, but not the sort who would prey on youngsters or junkies.

Do you have any sympathy at all for victims and their familes?

sooz

Touche wrote: »

I have arranged a place to live starting next Tuesday. Until then I'm sleeping on a friend's floor very close to work.

Please don't spend a week sleeping on someone's floor.

Check into a hotel, & send the bill to the LL, along with the the bills for the items she has not returned (& your additional expenses for moving etc).

You really must speak to a solicitor who deals with illegal evictions asap.

Have you checked your home insurance to see if you are covered for legal expenses?

dopester

Fire_Fox wrote: »

When did I intimate it was? Did I seek to excuse anything that this shoddy landlord or the ex-cons I know have done? Maybe in your black and white world all criminal offences have a helpless victim and an evil mastermind, but the real world is far more complex that that.

Manslaughter: a twenty-something man gets into a drunken fight and somebody dies. The survivor is not aggressive at all but he is cheeky, so I suspect he 'started it'.

Firearms offence: a soldier breaks up with his partner and finds out she cheated. Loses the plot mentally and goes round uninvited. Nobody is physically hurt; soldier loses his liberty and his career.

Possession of Class A/B substances: No sad back story just a dealer of 'recreational substances'. No real regard for the law so no asset to society, but not the sort who would prey on youngsters or junkies.

I'd rank the circumstances set out by the OP (illegal eviction / locks changed / possessions removed / made homeless) as ranking up there with those 3 offences. Not as serious, but still a serious offence.

So I don't agree with your point.

In this instance, having his life thrown upside down, the OP at least had a vehicle and enough fuel to travel to family a few hours away, friends and a floor to sleep on.

It seems to me the courts can also rule that it's pretty serious if they leave open the option of custodial sentence (below). Not just laugh it off by saying maybe the landlord didn't know it was wrong. Being able to claim ignorance like that, of evicting a tenant so abruptly and cause you feel like it - anyone with the slightest bit of common sense would consider might not be legal.

Bath & North East Somerset Council has the power to prosecute the person responsible in the criminal courts. A fine of up to £5,000 or a prison sentence of up to two years can be ordered on conviction.

Or maybe your saying there are grey areas and the people in your examples didn't deserve to go to prison - they weren't bad but just got caught up in the moment... and were sent down by the letter of the law. That is life. Someone died in a fight/push around, a firearms offence in an emotional state, and dealing drugs. People get sent down - the term of which depends on the circumstances for the courts to decide.

GDB2222

dopester wrote: »

I'd rank the circumstances set out by the OP (illegal eviction / locks changed / possessions removed / made homeless) as ranking up there with those 3 offences. Not as serious, but still a serious offence.

Manslaughter - someone was killed. The firearms offence - a soldier barged into someone's house and threatened them with a loaded gun. They must have feared for their lives. A dealer of class A drugs - people die from those and they certainly ruin lives. (Whether it's sensible to have prohibition is another matter, but don't get me started on that.)

There's a gulf between those offences and this one. Nobody was hurt physically or feared they would be, although it was clearly a very upsetting experience and some quite valuable property is still missing.

RedXIII_2

I don't know what's more shocking... what this landlord has done or that there are people who think she doesn't deserve jail time for what she has done.

Zelie

I don't like our automatic reaction of calling for prison sentences for minor crimes. Yes it is a deterrent but it costs us in taxes to imprison someone even for a short time.

In this case, however, I would consider it to be a serious crime and one where a prison sentence should be passed. As dopester said above the impact of this crime is phenomenal. It is fortunate that the OP is able to access funds and knows how to get online and get information and then deal with the police, insurers and the business of restarting his life all over again. How would a 70 year old on a pension cope with this?

There is also the issue of whether the LL would be able to pay a fine. I agree that it does seem as though she was either planning something or has had one of her bank accounts frozen and is unable to use the rent to pay the mortgage. If she's in such financial straits then she's likely to be unable to pay a fine. And if she's that bad a landlord then she's unlikely to be insured in the event of a tenant sueing so I suspect there won't be a way for the OP to be recompensed for his losses.

The option of a suspended sentence is possible but that's a bit of a joke all round and amounts to nothing more than a telling off by a judge. In light of the seriousness of her behaviour I'd say the LL needs more than this to get the message through.