Rented flat sold with vacant possession.

SavvyStudentSaver

Zorz wrote: »

No, I don't expect them to come again tonight. So far, they haven't done any structural damage (apart from some holes in the floor). I have my bed and a toilet, that will have to do for tonight. I've just found a portable floodlight left by the builders, so I'll have some light thankfully.

@ Yorkie1, I went to the council. They have some housing advisors on the ground floor and they gave me a letter for the LL2 warning that what he was trying to do is illegal.

@ SavvyStudentSaver: My concern is that I rent just a room and not the whole property (HMO etc). I have replaced the lock in my room but not on the front door. Around 3 months ago, the other tenant felt intimidated by LL1 and bought a replacement lock for the front door (a secondary lock that was left unused, not the main one) to have this for safety. We all chipped in, and when she was about to leave I asked her to leave me the keys to that lock. She agreed, but it was a lie. On the day she moved out, she put the old useless one back in and took the new with her.
Right now, I only have 1 lock (that the LL doesn't have keys for) but it is in my room's door. If I swap it with the one on the front door, I'll deny them access to the whole flat but my room will be effectively open.

Oh, yes, I had forgotten that bit (read this thread when it was first posted, and hence only skimmed it this time round). Good thing your room's safe, but it's really not habitable with no electricity, and the common areas definitely don't sound like they are! Part of me thinks that you should be able to check into a travelodge or something, and get the LL to foot the bill, as you have a valid tenancy, and his property is currently unsuitable, but that's only my opinion.

Herongull

You need a solicitor!

A solicitor could have got an injunction to stop this.

You can still get compensation for the damage and your replacement accommodation costs, but you will need to go to court to get it.

Zorz_2

I've already begun to look for hotels, but this being "London 2012" and at such short notice, you understand the prices on the remaining rooms ...:eek:

I believe I am entitled to find alternative accomodation and have the LL pay for this, but as you wrote, first I'll have to incur the cost and then sue the LL for compensation. This will take a while and will burn thru my meagre savings.

I have already contacted Legal Aid, when LL2 threatened to turn off the water, I'll have to pursue this further now.

Herongull

Can you find a solicitor who will do this on a no upfront fee basis (and be paid from a share of the compensation)?

Normally I would not recommend no win no fee solicitors as they can take too much at the end, but may be worth it in your case?

Zorz_2

Yesterday, a PC from Met Police came for the appointment and it was disastrous! She immediately took the position that it was a civil matter. I showed her a copy of the Council's housing dept, clearly stating that it was a criminal offence but she dismissed it as "the council don't know what they are saying"! Pot, kettle, black, anyone?
Then I showed her the actual quote from the Protection from eviction act but she still refused to accept it! Even though she admitted that she didn't know much about housing law, that didn't stop her from making things up as she went along. Far from impartial, she was heavily biased against me.
She implied that, as my contract was with LL1 and I didnt sign anything with LL2, my tenancy had expired and I am a squatter! She also said that as the stated expiration date of the s21 notice has passed, my tenancy ended so I am a squatter! And as I rented only a room and not the whole flat, the LL has every right to do whatever he wants to the rest of the property!

Yes, I know that all of that is wrong, I calmly tried to explain but she wouldn't listen. Then LL2 came, with a friend of his who falsely accused me of saying that I was moving out on Saturday "in front of eyewitnesses"!
Having had no sleep the previous night and feeling gutted by the police instead of stopping the crime, actually being accomplice to the harrassment, eventually I caved in and orally agreed to move out with a payment for my expenses.
I paid for a self storage room at a local company and moved almost all of my belongings, except for my furniture. I slept the night at a hostel. Noisy and a tad dirty, but it sure beats my "home"...
At least, a woman from the Environmental Health dept of the council visited the same afternoon after I called them in the morning. She was very sympathetic, agreed that I was right and took photos to write a report. She said though, that their department can only intervene if someone actually lives at the property, so if I move out it's out of their hands. But this is still harrassment and illegal eviction and I have every right to pursue it.

Which I absolutely intend to do. Plus, after I sort out my housing, I'll lodge a complaint about this incompetent PC, all the way to Boris if I have to! Truly unproffesional and not fit for purpose!

ps: apologies for any spelling errors, I'm typing this on my phone.

Turnbull2000

That sort of response seems to be rather typical of the police sadly enough. Many coppers are BTLers themselves and instinctively side with fellow landlords.

Might be worth contacting Ben Reese Lewis on http://www.landlordlawblog.co.uk/, or message him on this forum (he has an account).

embob74

I'm so sorry to hear of your ordeal Zorz. It seems so unfair that you are legally and morally in the right and yet can get no backup from the so-called officials who should be helping you.
I'm glad you at least had the funds to secure storage and accommodation - what would have happened if you didn't?!
Good for you in taking the matter further. It is probably easier to move on but I'm sure a lot more satisfying to see things to the bitter end and hopefully achieve a result in your favour x

Zorz_2

Just when you thought that it couldn't get any worse....

About an hour ago I returned home to take a few more things, only to find the lock changed!

I heard noise from inside (the workers were in), so I knocked hard and yelled "Open the door or I'll call the police!" but someone answered in a mocking tone "yeah, yeah, call them" :mad:

You know what, the worst part is that the b*st*rd is probably right! I have no words to describe how infuriated I am! I'm only really glad that I managed to save most of my valuable belongings and all my documents. Just imagine if my tenancy agreement was there. :eek:

Herongull

You need to get a solicitor on the case ASAP!

In the meantime keep records of everything, receipts for expenses etc.

But you will have to go to court to get compensation...

dancingfairy

Call the police again - tell them you want access to your property to get access to your belongings. You can also point out the protection from illegal eviction thing - hopefully you'll get a more useful/sympathetic policeperson this time - or that'll be another one to complain about but I feel you should at least phone them (101 obviously).
df