Suing for illegal eviction

jamie11

PasturesNew wrote: »

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.

:rotfl:I think it's #2 PasturesNew.

OP that does sound like an illegal eviction

G_M

FF1X wrote: »

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.

Irrelevant now, and as your solicitor says, you have a good case but

To be honest, in that scenario I'd have

1) gone to police, explained, told them I was now going to gain entry to my home (by force if necessary) and feared a breach of the peace.

2) then I'd have forced entry.

As well as using your solicitor to sue under civil law for the various damages, you need to get a (criminal) prosecution started. Speak to the council Private Tenancy Officer, the police, trading standards, whoever.

Quote the Protection from Eviction Act 1977

45002

FF1X wrote: »

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

No one going to know who you are,you got nothing to hide have you !

Zorz_2

45002 wrote: »

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 !

G_M wrote: »

1) gone to police, explained, told them I was now going to gain entry to my home (by force if necessary) and feared a breach of the peace.

Good luck with that, pretty much the same thing happened to me and I've been trying to get the local Council to begin a prosecution for the past 9 months....:mad:

princeofpounds

Good luck with that, pretty much the same thing happened to me and I've been trying to get the local Council to begin a prosecution for the past 9 months....:mad:

Did you try the local government ombudsman?

G_M

Originally Posted by G_M
1) gone to police, explained, told them I was now going to gain entry to my home (by force if necessary) and feared a breach of the peace.

Zorz wrote: »

Good luck with that, pretty much the same thing happened to me and I've been trying to get the local Council to begin a prosecution for the past 9 months....:mad:

Which is one reason (apart from being homeless!) that I would have tried to solve the problem initially by getting back into my home, rather than seeking retribution after the event....

Zorz_2

princeofpounds wrote: »

Did you try the local government ombudsman?

According to the Council's "corporate complaints policy", I'm supposed to first exhaust the internal complaints procedure of the council itself before I can turn to the LGO. So far I've been very patient, I've written very detailed and thorough letters and keep copies of all correspondence and proof of postage of what I've sent them.

At this stage, I'm expecting an answer from the Executive Director of Housing, no later than the end of this month. Then there is one more internal stage, and then the Ombudsman.

I've also identified the names and contact details of the councillors of the ward I was living when this happened and of the local MP. I don't know though, at which stage should I involve them.

G_M wrote: »

Which is one reason (apart from being homeless!) that I would have tried to solve the problem initially by getting back into my home, rather than seeking retribution after the event....

Well, of course prevention is always better than cure. However in my case, that was unfeasible because the LL made the place completely uninhabitable!

BTW: apologies to the OP for hijacking the thread. I'm interested in the outcome of your case as well!

Ronaldo_Mconaldo

Come on, people. Drip feeding details to what started out as an interesting thread. New forum member.

I'm betting on internet weirdo here. Then what happened, OP? Did the LL sprout wings and fly around for a while?

FF1X

My solicitor has started proceedings against the LL.

I am happy to keep everyone updated on the progress of the case if you are interested.

G_M

FF1X wrote: »

My solicitor has started proceedings against the LL.

I am happy to keep everyone updated on the progress of the case if you are interested.

Yesplease. But I think we'd still be interested to know what proceedings he has started.

As per Hump's post (8):

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

Presumably 1988, but are you considering the 77 route too?