Landlord has evicted me and changed locks

steve1980

I feel that there is only 25% of the story being told.

The OP knew the eviction date yet still didn't do anything.

talulah25

steve1980 wrote: »

I feel that there is only 25% of the story being told.

The OP knew the eviction date yet still didn't do anything.

EXACTLY!!!!!!

So I'm not the only one who noticed that and smelled a rat!

DVardysShadow

As long as what is here is true, even if there is more which we do not know, there is enough to say

• the eviction is illegal. Eviction is always illegal without a court order
• Landlord must give 2 months notice to quit under S21 notice and get a court order for possession if tenant does not move out
• Being kept short the last month's rent is not enough arrears for a S8 to be taken to court to get a possession order.

The main issue which is not clear to me is who gave 4 weeks notice to whom.

DVardysShadow

steve1980 wrote: »

... The OP knew the eviction date yet still didn't do anything.

As an estate agent, you should know better.

Even if Landlord did give notice, the end date of that notice is NEVER an eviction date. An eviction date is the effective date of a court order for Possession of premises.

This has not been to court. So it is about as much an eviction date as you are an Estate Agent.

chiefgoobster

HappyMJ wrote: »

The OP has the right to ignore the notice to quit and wait until bailiffs evict him. OP does not have the right to expect the landlord to take rent from deposit. The deposit is used for damages not rent arrears.

I wonder how many "damages " the owner will find

It's a shame on this topic really as people were offering advice and asking questions, yet getting very little back from the OP.

Talulah is right.It does smell of rats.

princeofpounds

It's hard to speculate on whether this is genuine or not, but I'm surprised at how much bad advice there is on the thread all the same.

HappyMJ and DVardys are right, this is illegal eviction, which is a criminal offence punishable by a heavy fine and potentially (although not usually) a jail sentence.

The OP should read the Shelter guide below and contact them for more information if required.

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord

The OP should then contact the police. Sometimes police think that illegal eviction is a civil matter, but it is not; if they stonewall you on 'it's a civil thing' then speak to a senior officer/make an official complaint etc.

The OP should also contact the council, as it is often the council that will take the matter forward for prosecution.

Keep all evidence re costs incurred as a result of this action, as you may be able to ask for compensation.

jjlandlord

OP should clarify what was agreed after he received the LL's notice,which was in effect no more than a request that OP surrenders the tenancy.
This may have a bearing as to the existence of a tenancy.

However, as others have pointed out, the landlord has illegally evicted OP.

Werdnal

steve1980 wrote: »

I feel that there is only 25% of the story being told.

The OP knew the eviction date yet still didn't do anything.

As I said once before here Steve, stick to the "web designer and geek" bit as you seem to know next to nothing about being an Estate Agent!

Eviction cannot be done by the LL. Eviction can only legally be done by the courts. If LL only gave 4 weeks notice, tenant should ignore it and stay put. However, assuming we have been given the full story, LL has apparently taken law into their own hands and changed locks, which is illegal eviction.

However, OP are you a tenant, ie living in the property with sole use of it, or are you a lodger, ie sharing the property with the LL also living there? If the latter, then LL can kick you out when they like. You state you were given an AST, but some LL's do give these to lodgers in error.

If you are a tenant, then please clarify a few points:

Is the property in England or Wales (Scottish law differs)
When did your tenancy start, exact date?
When did the fixed term end, exact date?
Are you a sole tenant or do you share with other tenants?
Was your deposit protected in a scheme, and were you given the prescribed information from that scheme?
What form did the notice take? Was it in writing? Do you still have a copy?
Other than not paying the last 4 weeks rent, were there any other issues, rent arrears, damage to the property etc.
Did you sign any paperwork when you were given notice, agreeing to leave, or did you challenge it in any way? Why did you not come here and ask advice at the time notice was given?

Please answer these questions and we might be able to give more advice.

lynzpower

none of this really matters anyway: without a court order its a criminal offence under the protection from eviction act 1977: simple piece of law to understand its only a couple of pages. Everyone who rents need to familiarize themselves with it.

pinkshoes

We seem to be missing SO much of the story here, so difficult to offer advice.

OP:

When did the fixed term finish?
What date did they issue the notice period?
Did you agree to 4 weeks notice in writing? (given you told the landlord to use your deposit and thus didn't pay your rent).

Did you agree to move out and are just annoyed that you haven't been given chance to collect your stuff, or did you actually want to stay and were forced into moving out.
Was your deposit protected?

If the latter, I'd phone the landlord on the number given, tell him to give you the new keys immediately and issue PROPER notice, or you'll sue him for illegal eviction, which will cost him a fortune!