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Landlord has evicted me and changed locks
Comments
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application for possession is £150 court fee plus reasonable amount for legal fees dependant on which route is taken.single_lonely wrote: »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?
in your case no valid s21 has been issued yet as ll has only given 4 weeks notice which is not sufficent. therefore if any application is made based on this notice for possession and nothing else i.e. rent arrears the landlord can use the accelerated possession proceedings route which means ther is not a formal hearing.
you complete the defence form when the possession papers are sent out and the court will make a ruling based on the paper work and will likely dismiss the application without a hearing.
if there is a hearing you will need to attend and advise the court why you are defending and dependant on your circumstances you could be entitles to legal aid to defend it.
if the case is dismissed you can ask the court for your costs to be awarded against the landlord.
section 8 notice is breech of tenancy agreement when based on rent arrears ll can rely on ground 8 if morethan 8 weeks rent due both at the time of notice and hearing, ground 10 if some rent due,and ground 11 if rent is persistently late
app cost is the same but if defended could go to contested trial where landlords fees can be extortionate.
How long it takes to go through the system depens on how busy the court is but they have serve s notice then after 2 weeks can apply for hearing . court gives you 2 weeks to respond and hering will eb set no more than 8 weeks after ll submits his application to the court.
once any court order expires the ll has to get a baliffs warrant before you vacate the property (application cost is £110 plus legal fees)
Hope that helps, HOWEVER
in the circumstances you describe the landlrod has unlawfully evicted you and he is at risk of action for criminal and civil offences get advise from the sources that were suggested earlier.0 -
Sorry, is it just me???
The LL asked you to move out with 4 weeks notice, you didn't contest it, didn't pay any rent for last month and asked for the deposit to be used for this purpose...then you didn't move out and now you want to know if you can call the police and take the landlord to court????
What you going to take him to court for??? On what charge exactly?????
If you didn't challenge the request for you to move out at the time it was issued what on earth did you expect to happen come the 30th March???
Shows how much you know.
Re your last line/question, the correct and legal answer is: F*** all.
The LL has acted illegally on many points. The tenant is in the right.0 -
Yip, a cursory browse of the forums would show you that the advice to an incorrectly served notice (when you can't move out just yet) is to sit tight and not alert the landlord to their mistake until you have to.I'm not bad at golf, I just get better value for money when I take more shots!0
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single_lonely wrote: »
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.
Am wondering how that is going to fare for you if/when your next landlord requires a reference from your current one.
Any future landlord worth their salt will make enquiries.Am the proud holder of an Honours Degree
in tea-making.
Do people who keep giraffes have high overheads ?0 -
suited-aces wrote: »Yip, a cursory browse of the forums would show you that the advice to an incorrectly served notice (when you can't move out just yet) is to sit tight and not alert the landlord to their mistake until you have to.
It's not clear cut here, because OP has agreed to the LL's proposal to surrender the tenancy (though that did not give LL the right to evict OP as he did).
Positive thing is that if OP has only agreed verbally, then LL probably has no proof.
That said, OP seems to have been rather a painful tenant...0 -
single_lonely wrote: »i thought the police wont get involved with civil matter
They won't, but the landlord has broken the criminal law.No reliance should be placed on the above! Absolutely none, do you hear?0 -
chiefgoobster wrote: »Am wondering how that is going to fare for you if/when your next landlord requires a reference from your current one.
Any future landlord worth their salt will make enquiries.
That's in the past. I think we can be pretty confident that the relationship has broken down irreconcilably.0 -
LL is obviously in the wrong and when the tenant didn't move out after agreeing to, should have applied for a possession order at the courts. Although without written acceptance of the notice given the LL would have been better starting with a S21.
It does shock me that the OP seems to think it's fine to sublet without permission, regularly pay rent late, accept notice then not move out and not pay the last month's rent at all!Don't listen to me, I'm no expert!0 -
single_lonely wrote: »6 month AST which has expired.
notice of 4 weeks given for 30 march.
today LL has changed locks and stuck notice on windows asking me to call number to collect personal stuff.
what can i do, i haven't paid rent for 4 previous week
(i asked him to take from deposit) and house has ALOT of stuff (fridge and all clothes etc)
they have given me time to take my stuff.
can i call police and get courts involved?
or shall i just take my stuff
Just take your stuff.
He may not have crossed the T's and dotted the I's legally speaking, but you've agreed to move out, are in arrears, subletted and have been a crappy tenant. His actions are hardly suprising.
Do you really feel the need to screw him over in court as well?0 -
This thread has shocked me!!
Yes the LL is legally in the wrong to have changed locks, but really the tenant sounds like they are as much trouble as a barrel load of monkeys!!
If the tenant has any shame at all they would contact the LL to arrange to uplift their possessions, and go.
Im sure the LL would be only to willing to help him/her move out - and on to their next victim!!!Don't try to keep up with the Joneses - Drag them down to your level - it's cheaper .
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