How do I apply for a court order granting access to property?

Mergrave

I have posted this question in the CAB forum, and it has been suggested that I try this one. So, here goes:

I was evicted on Monday, and haven't been able to retrieve my belongings since, despite having attended the property with a police officer. Apple have advised that my MacBook, which is/was one of the itemsremaining in my former room, may have been wiped and/or stolen, and that I should go (back) to the police. The police told me that, in light of this and the fact that an officer had already visited the property with me, with the owner still refusing to grant me access, that I should get a court order allowing me to get in and retrieve my belongings. The trouble is, I've found it very difficult to find a solicitor who will help me on a legal aid basis, and so, pertly because of this and the urgency with which I need to get in and see if my belongings are even still there, it looks as though I will have to try and get the order myself, but... HOW do I do that?

Please don't ask if the eviction was legal etc.; these are all questions I have answered with the many people to whom I have turned, largely unsuccessfully so far, for help. Suffice to say that yes, the eviction was legal, etc. I just need to know how to apply for this order.

pmlindyloo

If your claim is for £5000 or less you can issue it yourself through the Small Claims court.

See here for further help:

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

You are not applying to be able to go back to the property as you no longer have any right to enter it but rather claiming your goods back or their value.

It is expected for you to have tried to get the stuff back yourself (which you have) but as evidence that you have tried, it would be a good idea to ask the police for a report of the visit with the police officer.

Also, you could send a letter to the LL, headed Letter Before Action asking him for your possessions (give a detailed list) and agreeing a suitable time for them to be picked up. (perhaps by a third party) Also say in the letter that if you have no reply within 7 days you will be taking legal action.

Keep a copy of the letter and post from 2 separate post offices keeping the free receipt as evidence (do not send by recorded delivery as the LL could refuse to sign for it.)

I know that you do not want any further questions about the eviction but I just have to ask this one as it might make a difference to your claim?

Do you owe the LL any money?

Danfuss

The question of rent arrears occurred to me too. You might findthe lodgerlandlord site useful . It has a section on how the landlord shoulddeal with a lodger’s property following eviction entitled Dealing with a Lodger’sPossessions after They Leave. This willgive you some idea of what s/he should have done and the options that may be opento you.

Hump

This may help http://www.landlordlawblog.co.uk/2010/04/27/landlord-rights-over-tenants-possessions/

Hump

Also your local council might be able to negotiate based on ss211-212 of the Housing Act 1996 - though I must admit that I have never seen a council actually use s212 (1) (a)