Help with unfair eviction asap!

BigAunty

silvercar wrote: »

I'm not so optimistic. Now that OP is back in, what is to stop the landlord going through the correct channels to evict OP? I'm assuming that OP doesn't have the money to hand to clear the rent arrears, so it will be straightforward for the landlord to follow the correct procedures to start the eviction process - S8 and/or S11.

I assumed that ruggedtoast was being sarcastic....

But yes, the landlord will inevitably serve notice and evict the OP eventually but hopefully learn their lesson about not faking a live-in landlord and going through legal procedures.

Kynthia

silvercar wrote: »

I'm not so optimistic. Now that OP is back in, what is to stop the landlord going through the correct channels to evict OP? I'm assuming that OP doesn't have the money to hand to clear the rent arrears, so it will be straightforward for the landlord to follow the correct procedures to start the eviction process - S8 and/or S11.

Yes but at least that will be legal, and give the OP time to find out what's happened to their LHA, find another place to stay, have time to take their belongings with them and not end up on the streets.

m0bov

Any update from the OP? What did the LL say? Or did you get another early morning wake up call?

thesaint

AirBoom wrote: »

With the help of the police and my local locci i got into my room and have changed the lock to my door.

Also regaring the mail i live in a shared house that has not got seprate mail box`s. Post goes missing all the time. People have complained about missing parcels and letters from the jobcentre.

Glad to hear it.
You need to sort out your benefits pronto.

If your letters are going missing, you need to see if you can get them sent to an alternative address and/or check with them regularly to see if they are up and running.

lighting_up_the_chalice

Just worth considering, before anyone else advises someone to break into a property by force, that the OP may well have a license to occupy rather than a tenancy. But, as everyone was too busy advising him to break in rather than asking the pertinent questions, we may never know.

Kynthia

lighting_up_the_chalice wrote: »

Just worth considering, before anyone else advises someone to break into a property by force, that the OP may well have a license to occupy rather than a tenancy. But, as everyone was too busy advising him to break in rather than asking the pertinent questions, we may never know.

Unlikely due to the OP having had a lock on the door and a contract for that room giving rise to 'exclusive occupation' which you can't have with a license to occupy. Also it's fine to come in later with your views but the OP was facing a night on the streets and no belongings. The advice was to speak to the council, Shelter, the local council tenancy officer (who then liaised with the agency involved) plus to advise the police of the situation to avoid a breach of the peace before breaking back into their residence. Considering the speed of the situation I think the general advice was pretty comprehensive and many facts were checked first.

lighting_up_the_chalice

Kynthia wrote: »

Unlikely due to the OP having had a lock on the door and a contract for that room giving rise to 'exclusive occupation' which you can't have with a license to occupy. Also it's fine to come in later with your views but the OP was facing a night on the streets and no belongings. The advice was to speak to the council, Shelter, the local council tenancy officer (who then liaised with the agency involved) plus to advise the police of the situation to avoid a breach of the peace before breaking back into their residence. Considering the speed of the situation I think the general advice was pretty comprehensive and many facts were checked first.

Very few "facts" were checked. For example, are any services (cleaning, laundry etc) provided? The fact that the situation is urgent hardly excuses promoting actions which may, in time, prove very detrimental to the OP. How on earth can they make an informed decision with so many posters offering such poor "advice"?

Maybe next time this situation presents itself, posters might want to take a moment to consider the full implications of their response.

Guest101

lighting_up_the_chalice wrote: »

Very few "facts" were checked. For example, are any services (cleaning, laundry etc) provided? The fact that the situation is urgent hardly excuses promoting actions which may, in time, prove very detrimental to the OP. How on earth can they make an informed decision with so many posters offering such poor "advice"?

Maybe next time this situation presents itself, posters might want to take a moment to consider the full implications of their response.

Explain how he could have a licence to occupy, go on. Because I think I'll find that avenue was explored and dismissed

lighting_up_the_chalice

Guest101 wrote: »

Explain how he could have a licence to occupy, go on. Because I think I'll find that avenue was explored and dismissed

I've given you one answer to that already. Does he have any cleaning or laundry service as part of his agreement? I've checked the entire thread and cannot see anyone exploring that possibility before suggesting force as the only viable option. Perhaps you can point out where that particular avenue was explored?

A lock and a contract alone do not a tenancy make.

Viberduo

When I was changed from JSA to ESA at the beginning of the year I asked the council about filling in new forms and they said there is no point since they can just check with jobcentre direct themselves these days, and my claim wasnt suspended.

To me I assume someone has either messed up at council or the system has wrongfully flagged you due to the change, or they decided to reassess and theres a huge backlog i.e with me I asked for extra due to low income, and it took about 14 weeks for the DHP payment to be assessed and they told me all claims had a huge backlog due to bedroom tax people applying, or some people moving so they had more applications.

The landlord could in theory be telling truth if they say they sent you a letter or something but why not ring.

I would worry if they claim they live there since that may be mortgage based as I think its different for people buying to rent them out, also I think the utilities are classed as different(I had a old landlord who put his own meters in each bedroom and for a washing machine room and put high rates on them)