Help with unfair eviction asap!

BigAunty

AirBoom wrote: »

I am about to speak the the person who contacts the landlord on my behalf to see if we can resolve the situaton.

If you are not happy with the response from the tenancy relations officer, tell them that you will be seeking support from Shelter and your local MP about their failure to secure you with re-entry to your property with the cooperation of the local Police and failure to offer to prosecute the landlord, plus reporting them to the Local Council ombudsman.

Do not get fobbed off. Tell them because you've got the brush off from the homeless department, you have taken advice on your rights regarding the illegal eviction.

Advice from Shelter below
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If you are illegally evicted, you may be able to:

• get help from the council to help you negotiate with your landlord
• force your way back into the property (as long as it's safe and legal to do so)
• get a court injunction allowing you back into your home
• take court action to claim compensation if you've lost out financially.

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

Tenancy relations officers

If your landlord is harassing you or if you have been illegally evicted, you could contact your council's tenancy relations officer for help. ...
Sometimes, the council's tenancy relations officer may be able to help you re-enter your home.


Prosecuting landlords for harassment or illegal eviction

Although harassment and illegal eviction are both criminal offences, it is usually the council (rather than the police) who decide whether to prosecute a landlord.
Although councils do take landlords to court, it is quite rare. It is more likely to happen if harassment has been very serious or if you were evicted from a regulated or assured tenancy or other situation where you had strong tenancy rights. In some cases, a council might prosecute a landlord they know has often behaved in this way with different tenants.
The council will need good evidence to succeed in a prosecution. This will include detailed statements from you and anyone else who has witnessed the harassment or illegal eviction.
If the council decides to prosecute your landlord, they will bring criminal charges. Your landlord will be taken to court. If found guilty, your landlord may be fined by the court or - in very serious cases - given a prison sentence.
The council can also ask the court to award you compensation. The compensation will be to cover any costs you have had to pay, such as rent for emergency accommodation or the cost of replacing your belongings. If you want to claim damages for stress or inconvenience or because your landlord has broken your contract, you will need to bring a separate civil action in court.


Getting back into the property following illegal eviction

If you have been illegally evicted, you may have the right to re-enter your home, even if your landlord has changed the locks. A tenancy relations officer at your local council may be able to help you to re-enter your home. If your landlord has not rented your home out to someone else, you may be able to get a court to order your landlord to let you back into your home.
If you cannot access help from the council, it is vital that you are certain that you have the right to re-enter your home before you take any action yourself - otherwise you might be committing a criminal offence. This is a complicated area of law. Make sure you get advice before you take any action. Use our directory to find a local adviser.
If you are certain that you have been illegally evicted and have the right to re-enter the property, be very careful not to damage the building. If you break or damage any part of the property (such as the door), you could be responsible for the repairs and you could be committing criminal damage. If you change the lock, you should keep the old lock and any keys and return them to the landlord.
In some cases the police may be willing to attend while you re-enter your home to ensure that there is no breach of the peace.


Complaining to the local government ombudsman

If you don't feel that the council has treated you as it should, you can complain to the Local Government Ombudsman. The ombudsman will investigate your complaint and can recommend that the council apologises and changes its procedures to avoid similar problems in the future. The ombudsman can also recommend that councils pay a small

amount of compensation if this is appropriate.


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

AirBoom

The tenancy relations officer will be contacting the letting agency and will be calling me back at 2pm to tell me where i stand. I will also contact my local mp if the result is not satisfactory. Thanks for all your advise.

BigAunty

AirBoom wrote: »

The tenancy relations officer will be contacting the letting agency and will be calling me back at 2pm to tell me where i stand. I will also contact my local mp if the result is not satisfactory. Thanks for all your advise.

Don't forget the Local Authority Ombudsman as an option, plus keep in touch with Shelter, too, who have the reputation of telling tenants their actual rights as opposed to council housing officers who know their obligations but hope to wriggle out of them if the tenants aren't aware of where they stand.

m0bov

I would say the priority is getting back into your flat, unless the MP will put you up for the night. I doubt you will get much from him, maybe a letter but where will he post it to?

If you have not had any notice, I would break back into the flat or get a locksmith to get you in. Get the lock changed, barricade it and then you have some space to sort out your arrears. You can also send the LL the bill for the locksmith!

BigAunty

m0bov wrote: »

I would say the priority is getting back into your flat, unless the MP will put you up for the night. I doubt you will get much from him, maybe a letter but where will he post it to?

I agree.

However, the point about the MP is that by citing contact with them, the OP may put necessary pressure on the council by alerting them to the fact that he's not going to take any poor service from them, that the OP intends to address any deficiencies with them. MPs are there to serve and its only right that it is bought to their attention the issues that their constituents face and any abuse of the councils obligations. They could make the council account for their actions, or lack of. yes, it could result in the posting of a letter that just gets filed away or it might put the necessary rocket up their bum and stop the OP from getting fobbed off.

Guest101

I actually agree, call a locksmith and move in.

If they turn up again, have a print out of protect from eviction legislation handy and call the police. Tell them you are being physically removed ( don't leave voluntarily ) and are scared for your safety.

Get statements from your house mates.

Go to a solicitor. I know cases where LLs have been forced to pay thousands after a successful prosecution

AirBoom

If i break in and get the locks changed where would i stand ie in the eyes of the law? As my tenancy is with a letting agency and in the agreement i signed it says they can evict me fast because the landlord lives in the property but i know all the people in the house there is 8 rooms and no one is the landlord to my knowlage. Would i get arrested for breaking and entering?

m0bov

Yes the OP can then hit the phones but he needs to get back into the flat. They can flaff about with courts etc but at least it buys the OP sometime. Put some heavy furniture behind the front door I doubt they will be back today. If they do, just push the printed out legal framework under the door. Have another piece of paper saying "Calling Police" or similar and another stating communication in writing only. Don't get into a verbal slanging match with them.

m0bov

AirBoom wrote: »

If i break in and get the locks changed where would i stand ie in the eyes of the law? As my tenancy is with a letting agency and in the agreement i signed it says they can evict me fast because the landlord lives in the property but i know all the people in the house there is 8 rooms and no one is the landlord to my knowlage. Would i get arrested for breaking and entering?

If you have a contract I expect not, but to be honest, where would you spend the night? You may not be able to stop the evication, but at least it will buy you sometime.

Guest101

AirBoom wrote: »

If i break in and get the locks changed where would i stand ie in the eyes of the law? As my tenancy is with a letting agency and in the agreement i signed it says they can evict me fast because the landlord lives in the property but i know all the people in the house there is 8 rooms and no one is the landlord to my knowlage. Would i get arrested for breaking and entering?

Forget the agent. Does the ll live there or not. U need to be 100000% sure. Your contract no matter what is with the landlord, whether it's as a lodger or as a tenant.