Is it an illegal eviction?

Lifeforms

She may not accept the rent/arrears, so if you pay cash, take a friend with you to bear witness to her refusing to accept them. Also get a receipt if she does accept it.

Frankly if I were you, I'd change the locks and stay on Tuesday. I would be suspicious that if you were away, she'd assume/use the excuse that you'd left, and would enter the property thus leaving your stuff at risk, and herself changing the locks so even if you come back, you can't get entry.

Guest101

ted1973 wrote: »

Thanks for this, i checked last night and none of the deposit holding companies have my details and i have received no paperwork from the landlord to say the deposit has been registered.

She is adamant i have to leave by Tuesday, i am away from Tues evening for a few days (after the arrears and rent have been paid) and has sent 3 texts this morning demanding to see my bank statements. I have chosen not to reply to any of the texts today as i dont want to antagonise her further.

She's wrong, u dont have to leave by tuesday, tell her if she tries to force you, you will report her to the police, this is a criminal offence, which carries a prison sentence.

You dont have to show her bank statements, they are yours, not hers. Tell her, that you demand she ceases all contact with you, or you will report her to the police for harassment.

Turnbull2000

Guest101 wrote: »

She's wrong, u dont have to leave by tuesday, tell her if she tries to force you, you will report her to the police, this is a criminal offence, which carries a prison sentence.

You dont have to show her bank statements, they are yours, not hers. Tell her, that you demand she ceases all contact with you, or you will report her to the police for harassment.

Even if she does illegally evict, the penalty is usually quite minor. Most councils don't have the resources nor the will to prosecute. And I doubt the police will be much help - in fact, they're just as likely to demand you leave. The OPs best bet is just to move as soon as possible.

Guest101

Lifeforms wrote: »

She may not accept the rent/arrears, so if you pay cash, take a friend with you to bear witness to her refusing to accept them. Also get a receipt if she does accept it.

Frankly if I were you, I'd change the locks and stay on Tuesday. I would be suspicious that if you were away, she'd assume/use the excuse that you'd left, and would enter the property thus leaving your stuff at risk, and herself changing the locks so even if you come back, you can't get entry.

That's still illegal, doesnt matter is he does go away on tuesday, the tenancy is still active. And if she gains entry into his room and touches his things, she's going to go to prison (or get convicted of illegal eviction at any rate.)

Guest101

Turnbull2000 wrote: »

Even if she does illegally evict, the penalty is usually quite minor. Most councils don't have the resources nor the will to prosecute. And I doubt the police will be much help - in fact, they're just as likely to demand you leave. The OPs best bet is just to move as soon as possible.

Its a criminal offence, nothing to do with the council. The police cannot demand the OP leaves.

You're posting really unhelpful and wrong information.

theartfullodger

It's a criminal offence which the council prosecute so they are involved. It is also a civil offence . Landlords have gone to prison. Landlords have been fined £10ks.... But sadly rarely in both cases.

Involving Police apparently usually results in Police saying "nah, civil matter, not us mate" (or even assisting landlord with eviction). If so you may need to print off the law showing illegal eviction is a criminal offence.

I'd like all criminal landlords deported: don't mind where and so what if they are British, MPs change the law don't they?

Cheers!

wesleyad

Guest101 wrote: »

Its a criminal offence, nothing to do with the council. The police cannot demand the OP leaves.

And yet unfortunately they do. As artful says in these situation you need the relevant law ready at the door, as we have seen a lot of situations over the years on this forum where the police have sided with the LL when the law is clearly on the tenants side.

Guest101

Right so the tenant simpy videos the situation, goes to court and sues both the LL and the Police.

Im sorry but your wrong, the only people that get done like this are those that dont know the law.

the police would be in big trouble by 'evicting' someone, big trouble for failing to investigate a crime, and the LL can (and some do go to prison or pay thousands.)

The council CAN prosecute, but the police are obliged to investigate this, and its a case of facts, so the CPS are obliged to prosecute.

Just because the council has been given these powers, does not mean the police/cps lose them

theartfullodger

Guest: You might find this of interest...
http://www.landlordlawblog.co.uk/2010/07/21/unlawful-eviction-case-%E2%80%93-the-police-finally-brought-to-account/

Naughton v. Whittle and Chief Constable of Greater Manchester Police Manchester County Court, 30 November 2009

The story starts in March 2006 when Ms Whittle told her tenant Mr Naughton that she wanted him to go. When Naughton stayed on in the property, pressure was brought to hear on him by the landlords brother. Then on 11 April Ms Whittle physically accosted Naughtons girl friend, wrenching the keys from her hand and injuring it.
Naughton then returned home to find the locks being changed. The police on being called, took the landlords side, threatened Naughton with arrest for breach of the peace, and physically removed him from the property after which the locks were changed.
He sued both the police and the landlord Ms Whittle.
The police did at least give in gracefully and settled the claim by paying £2,500 in respect of the claims made against them for trespass to person and land.
The claim against the landlord

The defence put in by Ms Whittle illustrates another legal misunderstanding, which landlords sometimes optimistically put forward as a legal rule. She said that Naughton had not paid any rent and that therefore he had not had a proper tenancy, just a temporary agreement pending negotiations for a real tenancy. Sort of like the Urban Myth I discuss here.
However the Judge was not having any of this. He found that the tenant had paid rent and that there was no question of any temporary agreement. He made the following award:

• £7,000 for general damages (£275 per day for the 28 days he was deprived of occupation) and
• £1,500 for aggravated damages

Total payable by Ms Whittle: £8,500.
The Judge refused to offset the £2,500 paid by the police saying that each ‘tortfeasor’ must pay the appropriate damages for the wrong they had done. So all in all
Total damages awarded to Mr Naughton: £11,000.

Guest101

theartfullodger wrote: »

Guest: You might find this of interest...
http://www.landlordlawblog.co.uk/2010/07/21/unlawful-eviction-case-%E2%80%93-the-police-finally-brought-to-account/

So like i said, Sue the police and the LL, the tenant won £12,000 becaus ethe police settled (they acted illegally) and the LL got bent over in court.

Whats the problem?