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Unlawful Eviction

2

Comments

  • Weird_Nev
    Weird_Nev Posts: 1,383 Forumite
    Does he still have possessions in the flat?

    I don't think that 'breaking in' will actually solve anything. He's just liable to get arrested for burglary whilst they sort out what's going on ,and if he has no contract or paperwork then proving his side of the story is hard.

    He needs to find somewhere else to live - the situation with his landlady is clearly not workable. She wants him out. He should get his possessions back ,obviously, and he should report this woman to the inland revenue/DsS if she claims any benefits to prevent other people falling in to the same trap.

    however, for your friend I think it's best that he finds secure accommodation with the protection of a tennancy agreement.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Soot2006 wrote: »
    It is a shame he has no proof of rent - any bank statements for cash withdrawals, etc? That is a shame but it still does not call for immediate eviction from an AST.
    ... Oh and of course the call to the council, Inland Revenue and everyone else he can think of regarding her splitting her house into "flats" and presumably not paying tax on the income.

    In fact, I think I would write a to-the-point letter to council and IR, CC'ing the landlady for the LOL of it, and then backing it all up with a phone call to make sure they are interested .

    .. And THEN pursue the idea that exclusive use of the facilities might have created an AST (someone more informed will tell you if this is the case) ... but if not, he should be due his deposit at least.Which would be unlikely if the landlord accuses him of not paying the last months rent and there is no receipt.
    Most of that letter writing can be followed up later. The guy needs access to his flat today so he needs to determine first thing this morning if he has an AST or not. No-one can be evicted by a landlord simply changing locks unless he is a true lodger but this does not sound like it.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • engrut
    engrut Posts: 11 Forumite
    Soot2006 wrote: »
    It is a shame he has no proof of rent - any bank statements for cash withdrawals, etc?
    ... Oh and of course the call to the council, Inland Revenue and everyone else he can think of regarding her splitting her house into "flats" and presumably not paying tax on the income.

    In fact, I think I would write a to-the-point letter to council and IR, CC'ing the landlady for the LOL of it, and then backing it all up with a phone call to make sure they are interested .

    .. And THEN pursue the idea that exclusive use of the facilities might have created an AST (someone more informed will tell you if this is the case) ... but if not, he should be due his deposit at least.
    hes got monthly cash withdrawal so probably can get those; hes also got her notes asking to pay the money, but unfortunately he has no any sort of receipts that he have paid as he always trusted that there wont be any issues re this.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Weird_Nev wrote: »
    Does he still have possessions in the flat?

    I don't think that 'breaking in' will actually solve anything. He's just liable to get arrested for burglary whilst they sort out what's going on ,and if he has no contract or paperwork then proving his side of the story is hard.

    He needs to find somewhere else to live - the situation with his landlady is clearly not workable. She wants him out. He should get his possessions back ,obviously, and he should report this woman to the inland revenue/DsS if she claims any benefits to prevent other people falling in to the same trap.

    however, for your friend I think it's best that he finds secure accommodation with the protection of a tennancy agreement.
    So you would just give up if the locks to your home were changed and you had no where else to live?
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • engrut
    engrut Posts: 11 Forumite
    Weird_Nev wrote: »
    Does he still have possessions in the flat?

    I don't think that 'breaking in' will actually solve anything. He's just liable to get arrested for burglary whilst they sort out what's going on ,and if he has no contract or paperwork then proving his side of the story is hard.

    He needs to find somewhere else to live - the situation with his landlady is clearly not workable. She wants him out. He should get his possessions back ,obviously, and he should report this woman to the inland revenue/DsS if she claims any benefits to prevent other people falling in to the same trap.

    however, for your friend I think it's best that he finds secure accommodation with the protection of a tennancy agreement.
    hes got everything there. he went back home yesterday after spending weekend at mine, took some stuff and went to work and gym. then he went back home around 9pm and locks were already changed. so she changed the locks while he was out between 2-9pm. obviously we dont think this is a good idea just to break in as he might be arrested. but he wants to report her everywhere is possible :D
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    engrut wrote: »
    yes, behind the main door there are 2 bedrooms, office room, kitchen and toilet room that he uses only. he also has bathroom that is located outside the main his door but the landlady never uses that bathroom as that is his bathroom. all they share is stairs and hallway. she has her own kitchen and other rooms that my friend never uses; they also share utility room. I dont think he is a lodger as he shares only stairs and hallway. he doesnt have formal contract but he has written agreement to pay rent and deposit.
    The bathroom outside of the main door might be an issue but as he has a toilet room along with a kitchen behind his door it could be argued that it's enough to be self contained. The shared utility room is not an issue many flats have that.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    engrut wrote: »
    hes got everything there. he went back home yesterday after spending weekend at mine, took some stuff and went to work and gym. then he went back home around 9pm and locks were already changed. so she changed the locks while he was out between 2-9pm. obviously we dont think this is a good idea just to break in as he might be arrested. but he wants to report her everywhere is possible :D
    Has he rang the council's housing options team and reported an illegal eviction yet this morning? They will clarify if he's a tenant or a lodger.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • engrut
    engrut Posts: 11 Forumite
    HappyMJ wrote: »
    Has he rang the council's housing options team and reported an illegal eviction yet this morning? They will clarify if he's a tenant or a lodger.
    he rang police yesterday and also emergency number outside office hours at council yesterday and hes got an appointment with officer this morning
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It might be an idea to actually have a conversation with the landlady at this point...
    No free lunch, and no free laptop ;)
  • engrut
    engrut Posts: 11 Forumite
    macman wrote: »
    It might be an idea to actually have a conversation with the landlady at this point...
    she saw him sitting in the car yesterday evening while she was walking her dog but still didnt let him in, just ran inside and locked the door. not sure thats gonna work. id say things need to be done legally so next time she wont do the same to somebody else
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