Landlord has changed the lock

G_M

MoonDragon wrote: »

The one year tenancy started on 06 January 2012.
He has put the deposit in a scheme on 15 July 2012. And I have received a notification email on 19 July 2012 regarding this last.

What is an HMO?

When the new rules came into force (Localism Act 2010) in April 2012, landlords who had NOT yet registered deposits at that time had 30 days from then to register it. May 2012.

So if it was not registered till July, the landlord was in breach of the Housing Act/Localism Act.

No S21 Notice can be issued in those circumstances. Registering the deposit subsequently (late) does NOT then permit a S21 to be issued. The only action a ladlord can take in those circumstances is to return the deposit, in full, to the tenant and then serve a S21 Notice (giving another 2 months notice from the new date of service).

An HMO is a House of Muliple Occupation (you could usefully start to use google or another search engine. 'HMO' would come up instantly!).

Or you could read the link I gave you in my earlier post which explained all about HMOs!

notanewuser

MoonDragon wrote: »

I do not remember to have said that.

However I have checked G_M' statments regarding the deposit rules on shelter's website : the rules have definitively changed in April 2012. The landlord has failed to protect the deposit before 06 April 2012 also could not serve me a section 21 notice.

MoonDragon wrote: »

What do you mean by "did not give you the 'prescribed information' about the scheme, again, within 30 days."

He had put the deposit in a scheme around 6 months after the beginning of the tenancy agreement, but I have not received any 'prescribed information' regarding this scheme during the last 5 months.

The email you posted is the prescribed information, so you have had it.

MoonDragon

G_M wrote: »

An HMO is a House of Muliple Occupation (you could usefully start to use google or another search engine. 'HMO' would come up instantly!).

Or you could read the link I gave you in my earlier post which explained all about HMOs!

I have to admit that at the end of your thread #2 I was a bit too tired/lazy due to my sickness (since a month) and the present stressful situation.

MissMoneypenny

MoonDragon wrote: »

I am in Lambeth.

The Council House does not allow me to talk to them.

Lambeth are very hot on stamping out bad landlords and bad letting agents. They have two people whom they employ for this purpose.

There is also this case that you might like to show the police:-

Illegal eviction and the police

Naughton v Whittle and Chief Constable of Greater Manchester Police. Manchester County Court 30/11/2009 (Legal Action July 2010)

The tendency of the police to be utterly useless in cases of unlawful eviction has been a recurrent motif on Nearly Legal. They either do nothing, saying that it is a civil matter, or on occasion remove keys from the tenant. In this case, reported in July’s Legal Action Housing Updates, for which many thanks, the police did take further steps. Unfortunately, they took steps in entirely the wrong direction and ended up paying for it.

SNIP

To any police officers who may happen to read this, it is not difficult. Unlawful eviction is an indictable criminal offence – Protection from Eviction Act 1977 s.1.

If someone has belongings in a property and has a key for the property, it is an odds on bet that they have a right to reside there and fall under the Protection from Eviction Act (not certain, granted, but more likely than not). So, if the landlord isn’t armed with the required court orders, it is not a good idea to a) assist the landlord, b) take the keys from the occupant, c) physically remove the occupant from the property or d) arrest the occupant because they won’t leave.

In fact, if the occupant has a tenancy agreement and the landlord doesn’t have court orders, you may want to consider actually arresting the landlord…

http://nearlylegal.co.uk/blog/2010/07/illegal-eviction-and-the-police/

G_M

notanewuser wrote: »

The email you posted is the prescribed information, so you have had it.

Sorry notanewuser. The email the OP posted is NOT the prescribed information.

It is simply a notification of the registration, and reference ID.

See the example 'prescribed info' I linked to earlier.

Where is the
* Information on the procedures applying for the release of the deposit at the end of the tenancy.
* Procedures that apply under the scheme where either the Landlord or the Tenant is not contactable at
the end of the tenancy.
* etc etc

It is the landlord's responsibility to provide this, NOT the scheme's.

MoonDragon

On the other hand, since my solicitor seems to not take my case very seriously can I change the lock by now?

I would like before that to send an email to my landlord and agent notifying them if I have not received the keys by tomorrow evening I will then change the lock.

MoonDragon

MissMoneypenny wrote: »

Lambeth are very hot on stamping out bad landlords and bad letting agents. They have two people whom they employ for this purpose.

There is also this case that you might like to show the police:-

Illegal eviction and the police

Naughton v Whittle and Chief Constable of Greater Manchester Police. Manchester County Court 30/11/2009 (Legal Action July 2010)

The tendency of the police to be utterly useless in cases of unlawful eviction has been a recurrent motif on Nearly Legal. They either do nothing, saying that it is a civil matter, or on occasion remove keys from the tenant. In this case, reported in July’s Legal Action Housing Updates, for which many thanks, the police did take further steps. Unfortunately, they took steps in entirely the wrong direction and ended up paying for it.

SNIP

To any police officers who may happen to read this, it is not difficult. Unlawful eviction is an indictable criminal offence – Protection from Eviction Act 1977 s.1.

If someone has belongings in a property and has a key for the property, it is an odds on bet that they have a right to reside there and fall under the Protection from Eviction Act (not certain, granted, but more likely than not). So, if the landlord isn’t armed with the required court orders, it is not a good idea to a) assist the landlord, b) take the keys from the occupant, c) physically remove the occupant from the property or d) arrest the occupant because they won’t leave.

In fact, if the occupant has a tenancy agreement and the landlord doesn’t have court orders, you may want to consider actually arresting the landlord…

http://nearlylegal.co.uk/blog/2010/07/illegal-eviction-and-the-police/

I will be really nice if someone can help me to draft a complaint letter to the DPS (Police Commission).

G_M

MoonDragon wrote: »

I will be really nice if someone can help me to draft a complaint letter to the DPS (Police Commission).

Just how nice will you be...?

:kisses2:

MoonDragon

G_M wrote: »

Just how nice will you be...?

:kisses2:

Sorry, I didn't see the fault:

I mean:

It will be really nice if someone can help me to draft a complaint letter to the DPS (Police Commission).

RedPoll_2

I think there is more to the this case than is being actually admitted to.

For a start there is conflicting information regarding the section 21 and section 8?

If you are in an HMO are you definately on an AST or is it a Licence agreement?
If you on a licence agreement and there is the landlord under the same roof in any mention then you have a lot less standing. You have already said relatives live in other rooms?

Alot of these posts seem to be suggesting for you to answer from my opinion.

Also go steady with the solicitor, its the taxpayer footing the bill!!