Help with unfair eviction asap!

AirBoom

Hi not sure where is best to post so if its in the wrong section please move.

Im took a room in a shared house in june 2012 and today a woman from the agency turned up at 9.30am with another person and they banged on my door and let themselves in. (I was still in bed) They told me to get my stuff and leave the house and as i was getting all the bits i could mainley clothes they changed the locks to my door.

I asked them why and they said arrears are too much and i had no idea. They did not inform me that my housing benifit wasnt beeing paid anymore and i had no clue.

What are my options because sureley this is wrong?? In the tenancy agreement it states we can evict you with 48hours notice as there is a live in landlord which is not true as the owner of the house lives in london and the only people in the house are people who rent rooms from them (i know evreyone in the house)

They failed to give me my notice and just turned up and changed the locks.

Any advice would be greatful as i really dont know what to do about this.

silvercar

I asked them why and they said arrears are too much and i had no idea. They did not inform me that my housing benifit wasnt beeing paid anymore and i had no clue.

Housing Benefit is paid to tenants and tenants pay the landlord themselves. So you should be able to check your bank account and see if the rent has been paid. Are you in rent arrears?

If you are in rent arrears, you still have rights against unlawful eviction. It would be useful to know how much rent you owe. If you owe 8 weeks rent then a landlord can apply to court to evict you - but they have to follow correct procedures.

BigAunty

A live in landlord gives the lodger/excluded occupier very little security of tenure (unlike a tenant with a live out landlord) but you say that this is false set up. A lodger/excluded occupier has very limited rights - they are like a guest that can be asked to leave at little notice.

They cannot do this type of thing to a proper tenant, it is a criminal offence to force a tenant to leave unless they have served the proper notice and gained a court order. There are criminal and civil penalties for this kind of behaviour. It is complicated by the contract which is pretending that the landlord lives there, though, as this kind of sabotages your actual status.

Phone Shelter asap. (this site is for England but they have another for Scotland).

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/illegal_eviction

Contact your local council private tenancy relations officer (they may have a slightly different job title) but they will have a homeless department, too, that you can contact for advice. Many but not all councils will have an employee that liaises with private landlords and protects the rights of tenants.

You could also contact the police though they have a poor reputation for getting involved with what they tend to assume is a civil matter between landlord/tenant. You may try to have to persuade them that you are a tenant and ask to be let back in but you may find that they just shrug this off as they have poor knowledge of housing law (plus your contract undermines your true status).

Contact your local council for information on your HB claim which appears to have been suspended without your knowledge - why isn't it paid to you?

m0bov

Are we getting the whole story? Why did you let them change the lock? Are you now homeless? If would have forced them out if it meant losing the roof over my head.

AirBoom

silvercar wrote: »

Housing Benefit is paid to tenants and tenants pay the landlord themselves. So you should be able to check your bank account and see if the rent has been paid. Are you in rent arrears?

If you are in rent arrears, you still have rights against unlawful eviction. It would be useful to know how much rent you owe. If you owe 8 weeks rent then a landlord can apply to court to evict you - but they have to follow correct procedures.

The housing benefit gets paid the the Letting agency as they make you tick the box that says pay direct to landlord and they said the amount is £550 but they didnt tell me that it was not being paid because if they did i would have sorted it asap.

AirBoom

BigAunty wrote: »

A live in landlord gives the lodger/excluded occupier very little security of tenure (unlike a tenant with a live out landlord) but you say that this is false set up. A lodger/excluded occupier has very limited rights - they are like a guest that can be asked to leave at little notice.

They cannot do this type of thing to a proper tenant, it is a criminal offence to force a tenant to leave unless they have served the proper notice and gained a court order. There are criminal and civil penalties for this kind of behaviour. It is complicated by the contract which is pretending that the landlord lives there, though, as this kind of sabotages your actual status.

Phone Shelter asap. (this site is for England but they have another for Scotland).


Contact your local council private tenancy relations officer (they may have a slightly different job title) but they will have a homeless department, too, that you can contact for advice. Many but not all councils will have an employee that liaises with private landlords and protects the rights of tenants.

You could also contact the police though they have a poor reputation for getting involved with what they tend to assume is a civil matter between landlord/tenant. You may try to have to persuade them that you are a tenant and ask to be let back in but you may find that they just shrug this off as they have poor knowledge of housing law (plus your contract undermines your true status).

Contact your local council for information on your HB claim which appears to have been suspended without your knowledge - why isn't it paid to you?

Thanks i will call the council asap and shelter. The HB gets paid to the landlord as when you move in they make you tick the box that says pay the landlord.

AirBoom

m0bov wrote: »

Are we getting the whole story? Why did you let them change the lock? Are you now homeless? If would have forced them out if it meant losing the roof over my head.

I felt i had no option as before i knew what was happening they let them selves in and started to change the lock. All i could do was grab some clothes and they said to call them to arrange me picking up my stuff ie my tv and the rest of my clothes.

m0bov

Well I'd be breaking back into my flat. If they have not notified you of arrears then how do you know its not a mistake. You still have a valid contract.

AirBoom

Well the council said as it was my fault i didnt keep on top of things and that i made myself homless and there is nothing they can do and the only thing they reccomned was to contact CAB and they will refer me to m25 a homless shelter but they are full and could be up to 2 weeks before anything is sorted.

BigAunty

AirBoom wrote: »

Thanks i will call the council asap and shelter. The HB gets paid to the landlord as when you move in they make you tick the box that says pay the landlord.

Your story doesn't add up.

When did you move into this property? When did you last complete a HB application.

Back in April 2008, I think, they changed the housing benefit rules for new claimants when they introduced Local Housing Allowance rates to pay it directly to the tenant by default. Only tenants that are deemed vulnerable (defined by the council and not by the tenant or landlord) get their rent paid directly to the landlord. Vulnerable tenants are ones that can't manage their rent, such as those with learning difficulties or a history of rent arrears.

That box has (or should not have) existed on forms for many years.

BigAunty

AirBoom wrote: »

Well the council said as it was my fault i didnt keep on top of things and that i made myself homless and there is nothing they can do and the only thing they reccomned was to contact CAB and they will refer me to m25 a homless shelter but they are full and could be up to 2 weeks before anything is sorted.

Well, that was a very quick response - within 30 mins of being instructed to call them the council managed to make a decision?

Actually, the process is that you fill in a homeless application form and then the council formally investigate your position. It's not a verbal or instant thing. See the Shelter website for information on what your council should be doing - not giving you a flea in your ear the moment you contact them.

Yes, there is an intentional homeless concept whereby they have no obligation to help those whose behaviour has caused their homelessness, actions such as anti social behaviour or rent arrears.

What happened to your HB claim? And what did the council say about your illegal eviction?

Go and see your MP to let them know that you've been illegally evicted and all the council said was that it was your own fault....

Call Shelter about your illegal eviction and what the council/police should be doing about prosecuting the landlord and letting you return until they have gained a court order.