Suing for illegal eviction

FF1X

Hi,

I have engaged a solicitor (no win no fee) and I am proceeding with suing my LL for Illegal Eviction and late protection of my deposit.

Its in the very early stages, but I was hoping someone could give me some advice on the actual procedure.

I assume the solicitor will now contact my ex LL but I am unsure what happens then.

Is the LL likely to settle before it goes to court? My solicitor has told me the LL doesn't have a leg to stand on.

If it does go to court, will I need to attend?

Obviously I will discuss all this with the solicitor when I can but I am finding the whole thing a little overwhelming at the moment.

Any advice you can offer would be appreciated. I can supply more details if needed.

Many thanks

thesaint

Ask your solicitor.

RichardD1970

As above, surely the point of appointing a solicitor is to get processional advice so you don't need to ask random strangers on an internet forum who have no idea of the circumstances.

princeofpounds

Of course your solicitor is going to be the right person to ask for all this, as the others say, but bearing that in mind here are some thoughts.

Is the LL likely to settle before it goes to court?

We don't know, and I doubt your solicitor knows either. However, if you are willing to settle for a reasonable amount, it would be very logical for the LL to settle. He might not be logical though.

If it does go to court, will I need to attend?

You may not have to technically, but it would probably be better if you do attend. Your lawyer will advise you on what to do here.

Yorkie1

Just one minor point - illegal eviction is a criminal offence, so you don't "sue" in the civil courts for this. Make sure your solicitor knows his/her stuff and doesn't get the terminology wrong.

princeofpounds

Well it's a good point and not minor!

It's one thing to consider if a settlement is offered; the LL would escape a criminal record. Money may hit them harder though, depends what they value.

hawk30

Yorkie1 wrote: »

Just one minor point - illegal eviction is a criminal offence, so you don't "sue" in the civil courts for this. Make sure your solicitor knows his/her stuff and doesn't get the terminology wrong.

I presume the claim is for damages for unlawful eviction, rather than illegal eviction.

Hump

Housing Act 1988 s27 civil claim for damages
Protection from Eviction Act 1977 criminal route

I'd do s27 everytime - but expect a counter claim for unpaid rent/ damage etc

G_M

Hump wrote: »

Housing Act 1988 s27 civil claim for damages
Protection from Eviction Act 1977 criminal route

I'd do s27 everytime - but expect a counter claim for unpaid rent/ damage etc

Quite.

Presumably if the OP is 'suing', this is for damages (compensation). This would not be for 'illegal' eviction. It would be via the 1988 Act, and would be a civil action.

The 1977 Act ('illegal' eviction) would be criminal process - the LL could be subject "to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both" but the OP would receive nothing.

Housing Act 1988

Protection from Eviction Act 1977

45002

Both civil and criminal action is possible...

OP can sue for damages in civil courts once criminal prosecution by local council,if that was the case !

neverdespairgirl

Yorkie1 wrote: »

Just one minor point - illegal eviction is a criminal offence, so you don't "sue" in the civil courts for this. Make sure your solicitor knows his/her stuff and doesn't get the terminology wrong.

It's both. It's a criminal offence, and also a civil cause of action.

princeofpounds wrote: »

Well it's a good point and not minor!

It's one thing to consider if a settlement is offered; the LL would escape a criminal record. Money may hit them harder though, depends what they value.

That's completely wrong. The settlement or otherwise of a civil action for unlawful eviction has nothing to do with any criminal prosecution.