Evicted, locks changed, no notice...

Touche

JQ. wrote: »

Wow, unbelieveable. Get that locksmith ordered or get yourself down to the police station. She should not be allowed to get away with that.

What are you planning to do?

Here's my thinking...

1. The relationship between us has clearly broken down. I can't trust her. I don't want to stay there anymore.

2. I need my things. I probably have around £5k in possessions and have irreplaceable research data on my laptop (backups were there too).

3. What she has done is criminal and needs to be highlighted as such by the legal system.

So I think it would be best to pick up my things tomorrow (would rather not on my birthday). Get the police involved. Get a solicitor involved. Stay with my girlfriend tomorrow night and sort out new accommodation close to work on Monday...

This really does suck though!

PasturesNew

Touche wrote: »

1. The relationship between us has clearly broken down. I can't trust her. I don't want to stay there anymore.

Yes, on the other hand, you will still be liable to pay the rent, up to the extent of your AST, or any notice you have to give. Be mindful you know the dates of your AST/agreement so you don't end up paying for two places

Touche wrote: »

2. I need my things. I probably have around £5k in possessions and have irreplaceable research data on my laptop (backups were there too).

Backups kept at the same address .... aren't backups. Get yourself a gmail account and email them to yourself, or get some secure hosting, or a separate backup drive.

Touche wrote: »

3. What she has done is criminal and needs to be highlighted as such by the legal system.

Yep. It won't stop her/her sort though.... they make up the rules because they never bothered to find out if there were any rules. Amateurs.

Touche wrote: »

So I think it would be best to pick up my things tomorrow (would rather not on my birthday). Get the police involved. Get a solicitor involved. Stay with my girlfriend tomorrow night and sort out new accommodation close to work on Monday...

This really does suck though!

Maybe you can get out of your rental obligations by pointing out to the LL how you're now going to pursue her through the courts .... as what she did is illegal .... and it's in her best interests that she just lets you pay rent up until tomorrow. But check your agreement/dates as you can't really walk away from a rental no matter what's gone on (I think).

lizzielondon

PasturesNew wrote: »

Yes, on the other hand, you will still be liable to pay the rent, up to the extent of your AST, or any notice you have to give. Be mindful you know the dates of your AST/agreement so you don't end up paying for two places

can this be correct?

the OP has been illegally evicted the LL can't have it both ways

DVardysShadow

PasturesNew wrote: »

Yes, on the other hand, you will still be liable to pay the rent, up to the extent of your AST, or any notice you have to give. Be mindful you know the dates of your AST/agreement so you don't end up paying for two places

Not so sure. I think after an illegal eviction, she may find she has lost all her rights. Is a judge going to enforce the AST for her?

bristol_pilot

You ought to go back to the police and ask to see an Inspector, say you want to make a formal complaint about Harassment against your landlord. The landlord could get six months in jail and thoroughly deserves it. It is clearly a criminal matter. You may as well see a solicitor too, to pursue a civil remedy against the landlord.

sp1987

Go back to the police and report it. Certainly request someone accompany you to pick up your things as a witness (what happens if something is missing or she denies ever meeting you to collect the items and says you left of your own volition?).

I'd be using any legal avenue to punish her for such actions. What would you say if a landlady did it to your girlfriend, or girlfriend and young child if you had one? If she would do it to a dr she would do it to a single mother and if she does it in April she would do it in the middle of winter, too.

People like that need punishment. I agree you need to move but you need to move because you don't trust her in your own time not immediately because she threw you and your stuff out.

lynzpower

lizzielondon wrote: »

can this be correct?

the OP has been illegally evicted the LL can't have it both ways

No its not right.

If the OP has paid for days ( ie paid up till the end of the month X amount of days_) these must be calculated as they will form part of a claim.

If you can get to a library OP you may find the following book useful Aspects on Housing Law by Jill MOrgan, There is a very comprehensive section on The Protection from Eviction Act. http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1977/cukpga_19770043_en_1 Act here

This behaviour is criminal - absolutely must be punished.

If your local police dont help you, then go upwards and make a complaint this is a criminal offence and the damages that could be payable to you with a good lawyer can be substantial. I wonder if this is covered on her LL insurance policy.

There is also an issue in terms of the protection from Harrassment act, where ( it seems from my notes!)
removing fixtures - ie lock
removing furniture
denying access to parts of the property
serving invalid notices
may apply to you.

Changing the locks is a clear breach of the central tenet of the Protection from Eviction Act. ( section 1 part 3)

The measures of damages payable are measured in 4 ways:
1) general damages - eg personal injury, quiet enjoyment, right to occupy
2) Special damages - for specific losses incurred by you such as removal costs, replacement of urgently needed items, transport costs etc, IMO lost wages from taking unpaid leave might be covered by this
3) Aggravated damages - injury to your "feelings, proper dignity" "outrage indignation and stress"
4) Exemplary damages- where the "business case" made the decision not following the law and how much in cash terms your LL thought it was worth to turf you illegally instead of going through the legal processes designed to protect you.

I wonder if reconnection fees and charges ( im thinking for utilities) might be payable or if your insurance policies need to be cancelled incurring charges- make sure you record these.,
As I said these are just brief notes I took from the above book I cannot recommend it enough as it ahs a superb chapter on this. Doubt you are in the area but there is a copy in the British Library if you are nearby.

You might want to speak to shelter or crisis to see if there are any specialist solicitors who have a track record in bringing such cases.

Take as many notes as you can, including notes of other peoples inconvenience/ stress etc and the compromises they have mad particilarly financial
Good luck and keep us posted

keith969

To the OP: this is kind of odd. No normal LL would change the locks under such circumstances. Is there any reason as to why she has fallen out with you that you have not elaborated on? And given that you visited her before (as you said in your first post), why can't you go back and discuss the issue face to face?

lynzpower

keith969 wrote: »

To the OP: this is kind of odd. No normal LL would change the locks under such circumstances. Is there any reason as to why she has fallen out with you that you have not elaborated on? And given that you visited her before (as you said in your first post), why can't you go back and discuss the issue face to face?

Why would he want to try and reason with Rachman :rotfl: Get a lawyer to do it

Shes made that decision, she needs to live with the consequences, the laws clear, even if she found the OP utterly intolerable for whatever reason , the law still protects him against illegal eviction!

I wonder which poor sucker is being shown around to take over the tenancy? . Do you know any neighbours OP, could they let you know if a skip appears etc.

ILW

Touche wrote: »

I have been able to make contact with the landlady with the help of the old estate agent. She wouldn't speak on the phone when I called saying she was busy and has just sent me a txt saying...

Your belongings have been removed. We have no intention of keeping them. Can you meet me today to return keys and collect your things. Please confirm a time.

Er... what the hell? How screwed up is that?!

This is sounding stranger and stranger.
Is there a deposit to be returned?
Is there any history between you and her, or did this just come out of the blue?