Landlord has evicted me and changed locks

rentergirl

princeofpounds wrote: »

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.

I agree with this, but would add that police always take the side of the landlord, and don't even know what an illegal eviction is, and usually respond along the lines of: 'It's his house, you didn't pay rent' and even assist in turfing out the tenant.

I think this is most definitely an illegal eviction. You need right now to call Shelter asap and also your council's Tenancy Relations Officer. Even when don't pay rent, you have rights, and if your deposit was unprotected (I suspect this sot be the case) then using it as the last month's rent when you suspect you might noever see it again is unwise, but understandable.

single_lonely

soooo many question so I'll answer as many as i can.

• LL doesn't live here, just me.
• Property is in England
• tenancy started July 2011 and ended Jan 2012
• not sure if deposit was in scheme or not as wasn't informed
• notice in writing, 4 week, which i agreed to (verbal), copy available
• i always pay rent late, days or weeks, but he has no rent book
• i didn't sign paperwork when he gave me notice, but i think he has a recording of when he gave it, i agreed to moving as i was moving but now would prefer to stay alittle longer (2-4 weeks) to collect stuff

ok so the devils in the detail....
LL caught me sub-renting a room to another couple and i always pay rent late. Its weekly rent and sometimes i pay 2-5 days later, once i paid 3 weeks late, whenever i have the money.

HappyMJ

single_lonely wrote: »

soooo many question so I'll answer as many as i can.

• LL doesn't live here, just me.
• Property is in England
• tenancy started July 2011 and ended Jan 2012
• not sure if deposit was in scheme or not as wasn't informed
• notice in writing, 4 week, which i agreed to (verbal), copy available
• i always pay rent late, days or weeks, but he has no rent book
• i didn't sign paperwork when he gave me notice, but i think he has a recording of when he gave it, i agreed to moving as i was moving but now would prefer to stay alittle longer (2-4 weeks) to collect stuff

ok so the devils in the detail....
LL caught me sub-renting a room to another couple and i always pay rent late. Its weekly rent and sometimes i pay 2-5 days later, once i paid 3 weeks late, whenever i have the money.

Did you call Shelter today? What did they say? If not do so NOW....http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

The tenancy did not end in January 2012 only the fixed term ended then it switches automatically to a periodic tenancy. Month-to-month. The landlord has to give 2 clear months notice in the correct form i.e a Section 21 notice. Do you have the actual date printed on your tenancy agreement?

You can check if your deposit is registered online so please do.

Paying rent late requires the landlord to issue the correct notice. i.e a Section 21.

If the landlord caught you subletting a room against the terms in the tenancy agreement then the same again applies the landlord must issue the correct notice to you to terminate the tenancy.

You can pay up to a month late and not have any problem but do expect a notice to terminate tenancy at the end of the fixed term. However, missing the next rent would cause you to be 2 months in arrears and a Section 8 notice can be given during a fixed term. However, paying the rent before the court date will delay your eviction.

teeni

single_lonely wrote: »

i thought the police wont get involved with civil matter

This is NOT a civil matter it is a criminal offence to unlawfully evict a tenant adn this is unlawful eviction if the landlord has not got a possession order and a baliffs warrant of execution.

He wont have them as he has only given 4 weeks notice and even that has not expired.

Call the police and the private housing officer at the local authority AND shelter who can advise you on the civil process to be restored to the property.

teeni

talulah25 wrote: »

Yes but shouldn't the lack of correct notice given have been addressed when the OP actually received the eviction notice? Instead of contesting at the time, OP has agreed to this by not paying the last month's rent and asking for the deposit to be used to pay it. If the law is on OP's side then it is even more flawed than I ever thought!

it is not flawed if the landlord wanted to rely on rent arrears he had to isue a section 8 notice and then get a COURT ORDER. a section 8 notice would have given 2 weeks notice but possession woudl be at the discretion of the court if less than 2 months arrears owed at the time of the court hearing.

The time for the tenant to challenge the order was in teh defence forms issued by the court AFTER the landlord has applied for a court order.

teeni

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.

Not the eviction date the end of an INVALID notice which is a worthless piece of paper. The tenant did nt have to do anything

teeni

lynzpower wrote: »

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.[/QUOTE]

Dont be a spoil sport if landlords and tenants start familiarizing themselves with the law you will put me out of work!!!

teeni

rentergirl wrote: »

I agree with this, but would add that police always take the side of the landlord, and don't even know what an illegal eviction is, and usually respond along the lines of: 'It's his house, you didn't pay rent' and even assist in turfing out the tenant.

I think this is most definitely an illegal eviction. You need right now to call Shelter asap and also your council's Tenancy Relations Officer. Even when don't pay rent, you have rights, and if your deposit was unprotected (I suspect this sot be the case) then using it as the last month's rent when you suspect you might noever see it again is unwise, but understandable.

The police are learning but not quickly enough for my liking you would have thought after this case (Naughton v. Whittle and Chief Constable of Greater Manchester Police Manchester County Court, 30 November 2009) they would have learnt what they shoudl be doing in unlawful eviction cases.

single_lonely

teeni wrote: »

it is not flawed if the landlord wanted to rely on rent arrears he had to isue a section 8 notice and then get a COURT ORDER. a section 8 notice would have given 2 weeks notice but possession woudl be at the discretion of the court if less than 2 months arrears owed at the time of the court hearing.

The time for the tenant to challenge the order was in teh defence forms issued by the court AFTER the landlord has applied for a court order.

how much would a court order cost LL but also me.
what is a section 8-for late rent? how long does it take to work throught the system?

suited-aces

Some disgraceful comments in this thread. Nothing the OP has done, or even anything that some of you speculate he has done, entitles the landlord to illegally evict.