landlord rights

Heelixx

Hi Lynz,

Some head way "finally"!! I have a solicitor currently dealing with the fiasco & LL. Finding one was hard enough that would take on LA, but . . at least the ball is now rolling.
Some problems have reared there heads due to not being able to retrieve my "Personal Belongings, Equipment & Electricals". The LL took upon himself to enter the property, bag up clothing, deconstruct my bed & property!! & take it out of the flat & has stored it in the Pubs damp cellar!
The LL did not get the courts permission to get a baliff to remove the items, the LL removed them himself without any letters of correspondance to myself or through any acting bodies involved in the case.
At this point I would like to add that, while the tenancy was still active, the LL & my joint tenant decided it upon themselves to move in Two people, One young lady in occupying my bedroom & another gentleman in what we classed as the Spare/Living Room!! I calculated they must have moved in at the end of September / Begining of October. I have video footage of the people living there & the removal of my property.
To add insult to injury & getting back to the LL removing my property, I approached the police about the matter & was told that "Because you know where the items are being stored, the LL is not comitting Theft" also I was told "You cannot get a Police escort to collect your property as it is not the duty of the Police to provide such a service" & also told "If you attempt at any point to retrieve your property from the premisis, you may incite a - Breach of the Peace" & therefore I would be in the wrong for doing so!

So . . . . .

If i get this correct, from the Police point of view, I can't do a thing!?!?

Moving on . . .

Still living with friends as finding new accomodation is quite tricky due to the costs involved. Was put in touch with "Fast Track" a company that will help with finding & supporting you through the re-housing issues & fee's by my local MP's Office.
All this has put a tremendous strain on myself & my friends who between them have helped me through this hardship.

The Solicitor asked me if I wanted to seek compensation for what has happened & naturally I said yes. But to this, what exactly can I gain from the compensation. . . i.e. Money back for clothing, electricals, kitchen equip, health & embarrassment etc??? Not really talked with the Solicitor about what costs I can claim for. Any help on that would be great, to give me a rough idea.

I'll update soon as news arrives.

lynzpower

Hi heelix, good to hear from you and you have made some progress

If the LL wont give you your belongings back, put simply, I think you need to be totalling up the value of these items and act as though you wont get these items back it is heartbreaking to let go of personal belongings, I hope there was nothing of any sentimental value?
I kow what the police mean in that it isnt "theft" it strictly isnt, however, it is a contravention of the Protection from eviction act which they clearly do not have a clue about and havent read its not-particularly long first 3 clauses which show clearly that your belongings have been removed in the process of your illegal eviction.


therefore you have every right to reclaim every penny of this via your solicitor under the damages section.
I would total the cost of these items and ensure that nothing is added in that wasnt there by the way as Im sure the "LL" would go through whats there and any suggestion of you lying will get thrown out

Does the LL know where you are now staying? If not under no circs let him know as clearly, he could just come and dump your stuff on the road as he knows he has very dirty hands..

If you scroll back in this thread youll see that I wrote about the 4 different types of compensation, your solicitor should be talking you through all of this. Everything that you have lost ( and do presume it is losts now, its been just too long)

Yes every penny you have spent on anything, bus fare to the MPs office, bus fare to your solicitor, every new pair of socks you had to buuy, the food you couldnt retrieve from your cupbaords, think it through, every single item you have lost has a valuen and that is thge cost it costs YOU to replace it. Of course compensation is liable for distress, upset, strain and so forth.

if you scrolll back you should see the 4 sections where you can claim compensation.

Best of luck mate

ericonabike

'but am i the ONLY person thinkng that the if Helixx spent as much time earning some income rather than googling law points and badgering HLAC, Police, CLA, HMRC et al, they might not be in this position in first place... .

Yes.

Heelixx

ericonabike wrote: »

'but am i the ONLY person thinkng that the if Helixx spent as much time earning some income rather than googling law points and badgering HLAC, Police, CLA, HMRC et al, they might not be in this position in first place... .

Yes.

Lets start by looking at your attack on my person. Why would someone be acting in a way that betrays a feeling of patronizing superiority, or in short, be condescending.
You know nothing of me or how I choose to conduct my life, so your assumptions are not worth the air you stole from my personage to troll on this forum.
If you'd like to throw something of positive substance to the table, then so be it. Until that time, please for all our sakes, desist.:cool:

neverdespairgirl

ericonabike wrote: »

'but am i the ONLY person thinkng that the if Helixx spent as much time earning some income rather than googling law points and badgering HLAC, Police, CLA, HMRC et al, they might not be in this position in first place... .

Yes.

Yup, I reckon you are.

terryw

As Lynzpower suggested in an earlier post, it would be helpful if you would let us know the actual wording of the contract.

Heelixx

terryw wrote: »

As Lynzpower suggested in an earlier post, it would be helpful if you would let us know the actual wording of the contract.

I'll quote from it or if there is an easier method than re-writing it, then please let me know.

lynzpower

What "exact wording " are we referring to here, If this is an ast, then the general principles of AST will still apply.

(

terryw

lynzpower wrote: »

What "exact wording " are we referring to here, If this is an ast, then the general principles of AST will still apply.

(

I am a little perplexed that the Op has to provide work within the establishment as a condition of the tenancy. I have merely asked for clarification in case the tenancy is not a simple AST.

lynzpower

terryw wrote: »

I am a little perplexed that the Op has to provide work within the establishment as a condition of the tenancy. I have merely asked for clarification in case the tenancy is not a simple AST.

yes, im with you. sorry i had a brain freeze earlier.

i think it is a very good point, as i know of many people who have "lived in" in the pub trade and they are not on asts, it is more like lodgers agreement, if you fiddled the tills you could be out the same day, many london barmaids lived on the knife edge ( eg they were from overseas)

however as far as im aware, they werent given written contracts that could be an ast. i hope the ops advisers have picked up on any issues like this? ( ie the contract isnt an ast)

It had crossed my mind that there might be an issue like this, maybe the owner of the pub thought they were issuing a basic license/ lodgers agreement but issued an ast instead ( for whatever reason).???:(