Suing for illegal eviction

G_M

Except that the OP has not clarified whether this is civil action, criminal, or both.

However, since he asked

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.

the implication is it is civil.

Thrugelmir

FF1X wrote: »

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.

What is your solicitor going to charge for their services?

princeofpounds

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

Not in the sense of legal procedure no. But in the real world they are of course linked. It is not uncommon for the victims of crime to agree a settlement on the civil track in return for agreeing to drop or not press charges.

Now I think in theory the public prosecutor (assuming it becomes a public prosecution) could continue with a prosecution if it was in the public interest, but without their main victim/witness wanting to be part of the process and satisfied any more it's often not worthwhile.

FF1X

Thank you everyone for your input.

As mentioned, I am still in the very early stages with the solicitor. They have confirmed that I have a very strong case and that they are prepared to take it on. I am still awaiting details on the fee.

It is a civil claim for unlawful eviction and late protection of the deposit. The LL has also disposed of all our belongings. Pretty much everything that we owned was in that house and it looks like we have lost the lot.

The solicitor told me that the first thing they need to do is get an injunction to regain possession, but I think that is pointless. Someone else has moved into the house, our things have been disposed of and I really don't want to go back.

neverdespairgirl

G_M wrote: »

Except that the OP has not clarified whether this is civil action, criminal, or both.

However, since he asked the implication is it is civil.

More than implication - he has engaged a solicitor to sue. A witness wouldn't engage a solicitor to sue, except in the highly unusual circumstances of a private prosecution.

45002

FF1X

Have you contacted your Local council,housing department Tenancy relations unit "TRO"

They can bring Criminal prosecution against a LL for illegal evictions,has your solicitor told you about this course of action TRO can take !

Upon conviction at Magistrate court up 6 months in Prison or fines or both.

Upon conviction at the Crown court up to 2 years in Prison or fines or both.

As well as suing for damages in the Civil courts...

jamie11

It would be helpful if OP told us the full circumstances of the alleged illegal eviction.

PasturesNew

jamie11 wrote: »

It would be helpful if OP told us the full circumstances of the alleged illegal eviction.

I was just thinking this.... because [1] it's nice to be nosey [2] we don't know whether the illegal eviction was a typo on an otherwise pristine S21 or a technicality, or if his bags were turfed out into the street without warning.

FF1X

jamie11 wrote: »

It would be helpful if OP told us the full circumstances of the alleged illegal eviction.

I don't want to say too much on an open forum.

Went away for one week. Whilst away, LL entered property, changed the locks and notified us in an email that he had taken possession of the property. We were given 48 hours to collect our belongings.

FF1X

We were also told that if we tried to gain entry, it is a criminal offence and the police would be called