Please help

tbs624

cran81 - as I suggested before , do you have a friend or relative who could come and stay with you temporarily or someone with whom you could stay for a couple of nights?

It is undersatndably distressing when you are in a situation when the police ought to be able to help you feel safe from threats etc made by your LL but by your account have failed to do so.

Focus on writing down a clear record of exactly what has occurred to date so that when you get through to Shelter and (later see your own solicitor) it will be easier to present things clearly to them.

Ulfar

As others have said a formal complaint is needed, the Sargent involved sounds like he is trying to fob you off.

You are entitled to use reasonable force to protect your home or to prevent a criminal act. Yes the police may have taken you all in for questioning but at this point you would contact your solicitor, who knows the background and should be able to set the police on the right track concerning the law.

I would take your solicitor with you, he needs to earn his money.

Also take as much documentation as you can as others have suggested.

cran81

tbs624 wrote: »

cran81 - as I suggested before , do you have a friend or relative who could come and stay with you temporarily or someone with whom you could stay for a couple of nights?

It is undersatndably distressing when you are in a situation when the police ought to be able to help you feel safe from threats etc made by your LL but by your account have failed to do so.

Focus on writing down a clear record of exactly what has occurred to date so that when you get through to Shelter and (later see your own solicitor) it will be easier to present things clearly to them.

Kids dad staying. Two older kids going to my mums.
I thought the police force in this country were the best in the world, fair, non corrupt etc generally. I now have no faith in them whatsoever. If they can't scare a landlord to observe the law then who can.
Am definitely going to complain about police. And definitely going to speak to solicitor regarding my rights injunction and injuries.

cran81

Ulfar wrote: »

As others have said a formal complaint is needed, the Sargent involved sounds like he is trying to fob you off.

You are entitled to use reasonable force to protect your home or to prevent a criminal act. Yes the police may have taken you all in for questioning but at this point you would contact your solicitor, who knows the background and should be able to set the police on the right track concerning the law.

I would take your solicitor with you, he needs to earn his money.

Also take as much documentation as you can as others have suggested.

But the point the police keep labouring is it is the landlords house. Now you all on here get annoyed rightly if you have to repeat something twice. If you all can understand, and some of you are landlords, that I have rights and there is a process for eviction then hue can the police not understand a simple concept? At which point would you give up? Three times police coming out? Escalating it to someone senior? Knowing there's one person who understands the differentiation between criminal and civil law? What are the chances the next lot of police wil know my rights? Would anyone here be eager to call them? Squatters have more rights than I did today?
Regarding counter charge I said but they came into my house but that didn't make an iota of difference because he's the landlord. It seems people who own houses have more rights suposedly

Tigsteroonie

As others have said, look at the links and print out (presuming you have a printer) the relevant parts of guidance/law. Then take those with you when making the complaint. Shelter should be able to advise you too.

eta. CAB's page about landlord rights of entry: http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/common_problems_with_renting.htm#The_landlords_rights_of_entry

DVardysShadow

cran81 wrote: »

Kids dad staying. Two older kids going to my mums.
I thought the police force in this country were the best in the world, fair, non corrupt etc generally. I now have no faith in them whatsoever. If they can't scare a landlord to observe the law then who can.
Am definitely going to complain about police. And definitely going to speak to solicitor regarding my rights injunction and injuries.

I think the problem arises when the police don't know the law and they try to scare people instead. In this instance they have chosen to support the Landlord because he represents ownership of property. Although you will find that those who do own property here will be as appalled as anyone about not only the front line reaction but the attitude of this sergeant to your complaint

Over the last 15 years or so, I am afraid I have ceased to view the police as fair and non corrupt. Generally, they are idle, mendacious, self serving and vindictive.

cran81 wrote: »

Is sargeant not senior? Cos he called me back te complaint

Escalate the complaint and include the sergeant.

amcluesent

Essex Police
Professional Standards
PO Box 2
Springfield
Chelmsford
Essex
CM2 6DA
Tel: 01245 491491

Ask for Chief Wiggum...

Hump

You need to speak with an Inspector. You need to impress on him or her that the Protection from Eviction Act 1977 makes it a criminal offence to try to illegally evict a tenant or harass them (you can also throw in the Protection from Harassment Act 1997). You will want assurances that given the completely inappropriate response by the Police that you will be put on a priority response if you call 999, you want the Inspector to have clear instructions placed on the incident on the computer stating that the landlord is to be physically removed from the property if they return.

If the Inspector will not agree to this then you will need to make a complaint to the force's professional standards department on Monday morning as with the exception of the call handler the officers involved have been pretty poor. At the very least these officers require 'words of advice' in case they come across this situation again.

You also need to contact your local borough or district council on Monday morning and try to get to speak with whoever deals with tenancy relations i.e. a Tenancy Relations Officer - because if the POlice will not bring a prosecution under the 1977 act then the council might.

Also speak with your solicitor about s27 Housing Act 1988 and a claim for damages.

Above all, stay safe

marleyboy

OP your best weapon right now is the humble camera, whilst it is very unlikely the LL will appear tonight or tomorrow, its understandable you are scared. Should he appear, film everything as it happens and STILL call the Police. The police are generally there to uphold the law, when it comes down to it they don't like the idea of paperwork that goes with making an arrest.

Lets assume they had arrested both of you, that's not charging you with a crime and there is no safer place than sat in a police station. The local bobby on the beat is just that, that this sergeant claims he is a LL himself means nothing, issue a complaint about the way he and they handled the situation.

Its clear this sergeant does not make for a good police officer, as he does not know the very law his uniform represents, which speaks volumes in his ability to be a LL. But that is a completely separate issue right now, your priority is the safety of yourself and your family.

Whilst you have someone at the property, you have a witness as well as a little security, even after all this, its obvious your intention will now be to move out of the place, you know his references wont mean squat but at the very least, you have a valid reason for emergency housing. Keep thinking positively, sitting there in hysterics isn't going to help you.

Make notes of everything, you have been assaulted, regardless of what the police think of the situation, an offence has occurred of which you have rights and the law is on your side. Don't let anyone tell you otherwise, particularly some bloke in a blue uniform.

chris_m

cran81 wrote: »

Is sargeant not senior? Cos he called me back te complaint

A sergeant is not a senior officer, he's only one step up from a constable.

You want to complain to an inspector and, if you get no joy there you want the superintendent.