Please help

Yorkie1

OP this is absolutely awful.

You have nothing to lose by going to an Inspector, and everything to gain.

I and other posters have been advising you for quite a while now to contact the council TRO; if you haven't yet done this, then again you need to prioritise doing this.

As for the police, I've dug out their Blackstone's Policing Manuals which I happen to have a copy of at home (don't ask!).

You need to refer them to section 4.16.9.

Protection from Eviction Act 1977 section 1 is the offence of depriving the residential occupier of his occupation / attempts to do so / does anything with the intention of making the residential occupier leave.

You fall within the definition of residential occupier.

You need to refer the police to this offence; state that you are indeed a residential occupier and that the LL is unlawfully (i.e. without the law's permission, i.e. without a court order) trying to evict you.

This is a criminal offence for which the police have powers to arrest. You have rung the police 3 (?) times to make a complaint about unlawful eviction and they have refused to accept the complaint and in fact have sided with the person alleged to be committing the offence.

Secondly, there is the offence of using or threatening violence to secure entry contrary to s.6(1) Criminal Law Act 1977.

" ... any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself ... is guilty of an offence, provided that -
(a) there is someone present on those presmises at the time who is opposed tothe entry which the violence is intended to secure, and
(b) the person using or threatening the violence knows that this is the case."

The specific commentary states "It is immaterial whether the violence used / threatened is against a person or property, or whether the purpose of the entry is to gain possession of the presmises or anyother purpose. The fact that a person has any right or interest in premises will not constitute 'lawful authority' to use violence to secure entry into those premises."

I would also be pointing this out to the Inspector - you have alleged acts which constitute this offence, and the police have again failed to recognise this, siding with the person alleged to be committing this offence.

Got to dash now but hopefully this info is of some use to you or to others commenting on this thread.

Edit to add:

Criminal damage. By bolting the door you are not committing criminal damage. Any police officer who says this needs to be sent back to training school. You are taking reasonable steps to protect yourself from an illegal eviction and the threat of violence.

As regards the assault threat - you are entitled to use reasonable force to protect yourself against the use of unlawful force.

It will have been very confusing for the police to separate out what was going on, but their conduct is unforgiveable given the allegations. You have to get this sorted out at a senior level as advised by others, or the circle will just keep repeating itself because they refer back to previous incident logs.

If you have access to a printer, print off the info from tbs's link when you go to the police station.

DVardysShadow

Yorkie1 wrote: »

I've dug out their Blackstone's Policing Manuals which I happen to have a copy of at home (don't ask!).

I would have bought them if I had wanted them http://www.webshop.ical.co.uk/shop/Blackstone_s_2012_Police_Manuals_-_Set_of_4.html, but obviously you have more sublime methods of acquisition.

tbs624

Cran81 - you may find it interesting to read how ATRO ( the association of tenancy relation sofficers) runs training courses for police officers, so as to educate them on the reality of LL& T issues. See here and have a look at the Appendices at the end.

It will reinforce what you have been told on here

Kynthia

Op, I'm so upset for you as it's all just unbelievable how badly you've been let down. I'm just disgusted at the police officer's behaviour on so many occasions. I'm a landlord and I'm shocked at this situation! I know you said you're in Essex but are you in the Metropolitan Police region or are you definitely covered by Essex Police?

Shelter are your best bet for advice at the weekend and you should REALLY contact your Tenancy Relations Officer. You definitely need to record and log everything, take photos of the damage and your injuries, see if anyone in your road witnessed anything, etc. I really think you should make a formal complaint to the IPCC but that won't help you immediately. The Met have a page on their website where you can make a formal and detailed complaint and as they are 24/7 it might be that they'd look at it this weekend. Essex Police have a page too. As someone mentioned above, a sergeant isn't a senior police officer but is just one up from a constable. I'd definitely try to contact a Chief Inspector or Superintendant, maybe by finding the largest police station in your area and calling them (some are 24hours and some are very small).

It might be safer if you lock up your house and stay away on Monday. As your landlord doesn't have a key he would have to break in to gain entry. So if he brings the police I'd be tempted to have attached a note to the front door explaining that you don't give permission for entry and that you have been threatened with violence and illegal eviction which is against the law (showing which law). If he does change the locks then you can get emergency housing and Shelter should help you sue your LL either to regain possession or for compensation.

cran81

DVardysShadow wrote: »

I would have bought them if I had wanted them http://www.webshop.ical.co.uk/shop/Blackstone_s_2012_Police_Manuals_-_Set_of_4.html, but obviously you have more sublime methods of acquisition.

Hi in one of your previous posts you said something along the lines of if I made a complaint against the police id be a marked man. Sorry if I've interpreted it. We're you being serious? Just that ex has said that I shouldn't continue with the complaint because if I'm going to be living around here they'll remember. Sounds paranoid but after today's events I'm thinking he may be right. But I'm still going to pursue it with my solicitor.

Yorkie1

tbs624 wrote: »

Cran81 - you may find it interesting to read how ATRO ( the association of tenancy relation sofficers) runs training courses for police officers, so as to educate them on the reality of LL& T issues. See here and have a look at the Appendices at the end.

It will reinforce what you have been told on here

Fascinating and very useful link.

cran81

Kynthia wrote: »

Op, I'm so upset for you as it's all just unbelievable how badly you've been let down. I'm just disgusted at the police officer's behaviour on so many occasions. I'm a landlord and I'm shocked at this situation! I know you said you're in Essex but are you in the Metropolitan Police region or are you definitely covered by Essex Police?

Shelter are your best bet for advice at the weekend. You definitely need to record and log everything, take photos of the damage and your injuries, see if anyone in your road witnessed anything, etc. I really think you should make a formal complaint to the IPCC but that won't help you immediately. The Met have a page on their website where you can make a formal and detailed complaint and as they are 24/7 it might be that they'd look at it this weekend. Essex Police have a page too.

As someone mentioned above, a sergeant isn't a senior police officer but is just one up from a constable. I'd definitely try to contact a Chief Inspector or Superintendant, maybe by finding the largest police station in your area and calling them (some are 24hours and some are very small).

I'm on borderline met and Essex. I called the met number for switchboard which was on the council website. It actually said that was the number for my local police station but when it came through they said they dealt with the calls before transferring them. After speaking to the sargeant I tried to call back with my reference number to speak to that operator but the new guy said there were three call centers or something and difficult to put ne through. When I explained that a sargeant had called me back re complaint hd said he must have been the most senior person at the station. I asked if anybody else ANC had gave md the 0300 number for ipcc

Yorkie1

cran81 wrote: »

Hi in one of your previous posts you said something along the lines of if I made a complaint against the police id be a marked man. Sorry if I've interpreted it. We're you being serious? Just that ex has said that I shouldn't continue with the complaint because if I'm going to be living around here they'll remember. Sounds paranoid but after today's events I'm thinking he may be right. But I'm still going to pursue it with my solicitor.

You have to continue with your complaint because otherwise the police will keep siding with your LL when he keeps trying to evict you unlawfully.

And I really don't think that every single officer in Essex Constabulary would personally harass you if you made a complaint. That is rather extreme and I don't see it happening.

Don't listen to your ex on this issue.

cran81

Kynthia wrote: »

Op, I'm so upset for you as it's all just unbelievable how badly you've been let down. I'm just disgusted at the police officer's behaviour on so many occasions. I'm a landlord and I'm shocked at this situation! I know you said you're in Essex but are you in the Metropolitan Police region or are you definitely covered by Essex Police?

Shelter are your best bet for advice at the weekend and you should REALLY contact your Tenancy Relations Officer. You definitely need to record and log everything, take photos of the damage and your injuries, see if anyone in your road witnessed anything, etc. I really think you should make a formal complaint to the IPCC but that won't help you immediately. The Met have a page on their website where you can make a formal and detailed complaint and as they are 24/7 it might be that they'd look at it this weekend. Essex Police have a page too.

As someone mentioned above, a sergeant isn't a senior police officer but is just one up from a constable. I'd definitely try to contact a Chief Inspector or Superintendant, maybe by finding the largest police station in your area and calling them (some are 24hours and some are very small).

I tried to contact the council today - the lady told me that the only emergencies they deal with are homelessness which is understandable given limited resources as you'd expect the police to be helpful. I've just realized I may gave been confused re the tenancy officer. When I called the council this week regarding issues with landlord they gave me advice on the phone but didn't mention anything about an appt. I may have spoken to a wrong person bug I'm sure it was for private tenancies.

Marlieboy - they wereng going to arrest two if us but all four of us. After initial shock I got my coat and said okay then when the officer said you'll bd in a cell for hours until interviewed. So left if thinking a formal complaint may be best. When I spoke tj sargeant he said I could bring you all in. Basically if I continued with this then that was the only way as there were no independent witnesses bar.

marleyboy

OP - You would be surprised at not only how many decent Police officers there are that would side and sympathise with your case, but just how many cannot stand their Sergeant's, particularly if the Sergeant is one of those who wrongfully THINKS he knows the law.