Illegal eviction and deposit deductions

chappers

The fact that judgement has been made does complicate matters alittle but the original facts are quite straight forward.
You had a tenancy in place until a date after the 24th and a mutual agreement was made to end the tenancy early on the 24th.(do you have this in writing), therefore the LL has no right to enter the property until then, nor to assess for damages etc until then. The TDS should not have awarded monies for rent arrears/damage as that is not their remit until the tenancy is concluded and the LL cannot claim eviction for rent arrears until 8 weeks arrears have been incurred. IMHO both the LL and the courts and the TDS have acted outside of the law. Provided you have furnished us with the full story.

may_fair

I would question whether there is any issue of unlawful eviction here, when the tenant was not a 'residential occupier' at the time that the LL changed the locks.

See s.1 Protection from Eviction Act 1977 -

http://www.legislation.gov.uk/ukpga/1977/43/section/1

China2

tonyhamm wrote: »

Not only did the LL change the locks, The OP said the LL misserved the eviction papers. Rather than gettting help from well meaning posters trying to apply the law contact us at *link removed* (yes we are aimed at LL's, but lawyers represent anyone with the law) with the details and a specialist lawyer and barrister will outline your options. There is not enough detail from your original post to determine the options available. If you shared a living area with your landlord it gets more complicated.

Everything regarding that website you are trying shamelessly to hawk screams scam (or maybe its just very unprofessionally put together). Never deal with any company who are not willing to disclose to you either an address or telephone number, especially when you are after legal advise!

G_M

tonyhamm wrote: »

...

Not only did the LL change the locks, The OP said the LL misserved the eviction papers. Rather than gettting help from well meaning posters trying to apply the law contact us at xxxx (yes we are aimed at LL's, but lawyers represent anyone with the law) with the details and a specialist lawyer and barrister will outline your options. There is not enough detail from your original post to determine the options available. If you shared a living area with your landlord it gets more complicated.

Hopefully everyone is hitting the SPAM button.

G_M

whether you are or are not "a properly qualified lawyer" does not alter the fact that you are touting for business and advertising your website.

which is against forum rules.

You want to advertise your business? Buy some advertising space.

You want to offer free advice? By all means do so (AND by all means mention that you are qualified) but do NOT tout.

G_M

China2 wrote: »

Everything regarding that website you are trying shamelessly to hawk screams scam (or maybe its just very unprofessionally put together). Never deal with any company who are not willing to disclose to you either an address or telephone number, especially when you are after legal advise!

As his posts have been removed it might be an idea to edit your own which quotes his post including the offending link....:beer:

tonyhamm

because I fluffed up and left a link to try and offer free help.

I will just reiterate to the OP in a distressing situation - You really are best to see a professional Housing solicitor, as the laymens advice given here would have indicated you have no recourse in law, and was confused about the scope of the TDS's judgement and subsequent CCJ. The advice given so far is largely incorrect applying criminal law, not civil law to your situation.

From what you have stated you have a decent chance of a course of action against your landlord both on the incorrectly served eviction notice, and on the deprivation of your property before the due date when the locks where changed. If at the time you called the police and proved your termination date was 24th not the 4th of May when the locks where changed by the Landlord, your landlord could indeed have been facing criminal charges.

The law works very strongly in favour of the tenant in illegal eviction cases. I hope this helps you out.