Help re eviction, dodgy agent and landlord

Tazzytazz

Hi All, please can someone help me. I'm currently away from my rented flat - seeing parents for the bank holiday. I am due to return tomorrow.
I took out tenancy on a flat last year in east london. I paid six months up front and used a guarantor. I also paid the deposit.
The agents gave me a tenancy agreement.
They did not protect my deposit and still have not.
They issued me with notice in march that was due to expire on the 9th of May.
I've just read an email from them dated two days ago saying they have handed the property back to the landlord and to make sure all rent has been paid up to date otherwise my guarantor and myself will receive ccjs etc.
I don't know if they've gone into my flat. Can they do this?
Also, I know that people will say I don't have to move out until they get a court order but how do you deal with dodgy landlords? I think the agents even put a dodgy name on the tenancy agreement for the agent.
Please can someone help as I'm worried about returning to london tomorrow.
Thank you

[Deleted User]

1. They cannot issue an S21 if the deposit is not protected. You can't be evicted until this happens. They have no legal ability to evict you when the deposit is unprotected.

2. If they have entered the property without your permission and removed your belongings they have committed an illegal eviction, it's an actual criminal offence. They're blubbering idiots if they're done this.

At 8am you need to be on the phone to Shelter (0808 800 4444), they will let you know how to proceed, it will probably involve your local council and possibly the police on re-entry.

Take a look at this Shelter article if you have the time: http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/challenging_illegal_eviction

Sorry about your situation, landlords and letting agents that do this are scum. Make sure to mention when you talk to Shelter / local council that they did not protect your deposit (further demonstrates how shady they are).

dimbo61

Have you checked with the DPS people that your deposit was not protected ?

Tazzytazz

Thanks citric squid! I appreciate you getting back to me. I'm dreading going back to London tomorrow.
What can the police do? Isn't it a civil matter? I can't imagine them being of any use - I've read a lot of threads where police said they don't get involved. I have a tenancy agreement but I'm anxious because I don't think the police will help.
I will call Shelter as soon as I get to London.
What can the council do?
I'm dreading all my things being on the driveway.
Also, the agent referred to the landlord as a 'he' but on my tenancy agreement it's a 'she'. That's what made me think it was dodgy. Then when the other flat was being done up I realised it's the sane landlord. Who do I take action against? Can't the guy claim then that he hasn't rented to me, that there's no legal document t say he has?
Sorry for going on

kinger101

In this situation, I'd also change the locks (or barrels) ASAP.

Tazzytazz

dimbo61 wrote: »

Have you checked with the DPS people that your deposit was not protected ?

Hi, yes. I checked. The agents admitted it wasn't a few months ago.
Then, when they claimed they couldn't get hold of me (they kbew my address so could have written to me!) they stuck a notice on my door saying unless they heard from me they were going to enter the property... I don't understand them at all. On that 'notice' they wrote they would use the deposit as the last months rent.

How do you deal with irrational people?

Tazzytazz

kinger101 wrote: »

In this situation, I'd also change the locks (or barrels) ASAP.

I'm in Manchester at the moment.

The flat is one if three in a house. The landlord would have keys to the main door. Mine wouldn't be too difficult to get into.

What do you do with people who will insist on behaving like this no matter what? If the police would help I'd call them right now in an instant. But I don't even know who the heck my landlord is for sure.

kinger101

If they've not protected the deposit, they could be fined up to three times the amount.

https://www.adviceguide.org.uk/england/h_tenancy_deposits.pdf‎

[Deleted User]

Tazzytazz wrote: »

Thanks citric squid! I appreciate you getting back to me. I'm dreading going back to London tomorrow.
What can the police do? Isn't it a civil matter? I can't imagine them being of any use - I've read a lot of threads where police said they don't get involved. I have a tenancy agreement but I'm anxious because I don't think the police will help.
I will call Shelter as soon as I get to London.
What can the council do?
I'm dreading all my things being on the driveway.
Also, the agent referred to the landlord as a 'he' but on my tenancy agreement it's a 'she'. That's what made me think it was dodgy. Then when the other flat was being done up I realised it's the sane landlord. Who do I take action against? Can't the guy claim then that he hasn't rented to me, that there's no legal document t say he has?
Sorry for going on

The police can't enforce anything but they can be there to ensure your safety on re-entry to the property if you feel that you aren't safe. Shelter and the council will let you know exactly what you need to do, it may involve the police it may not, either way you don't need to worry about the details just yet. Do you have any bills registered in your name that you have with you now? If you can prove the property is in registered as your address (a phone bill, council tax) that will go a long way if they deny that the property is yours.

The key to remember is that the property is yours, when a tenancy is created possession of the property is given over to the tenant, you have right to occupy and enter, they do not. Their ownership of the property doesn't grant them permission to enter at their own will, or remove you, the only way you can be removed from the property is by the courts.

Shelter will most likely refer you to the councils housing officer, they will know how you can proceed, who to take action against etc, don't worry about those details right now. Focus on 2 things: 1. Proving that is your address (just in case) by finding documentation (utility bill etc), or finding a utilities provider that will confirm your address over the phone 2. Finding alternative accommodation just in case it can't be resolved tomorrow, do you have friends with a sofa you can sleep on?

The law is on your side. This might be a bit painful to deal with, but they have broken the law not you, that's your home and they have no rights to remove you.

kinger101

Tazzytazz wrote: »

I'm in Manchester at the moment.
The flat is one if three in a house. The landlord would have keys to the main door. Mine wouldn't be too difficult to get into.

I assume there is a separate lock to your flat though. If he enters without your permission, he could be entering illegally. Tell him he has not served a valid eviction notice, and if he attempts to enter the property by breaking the locks, you'll call the police.

Tazzytazz

Thank you. Citric squid, yes I have council tax bills in my name. The utilities were included in the rent - I admittedly turned a blind eye to the possibility that he may be fiddling them somehow as I didn't want to be evicted.
Thank you! Thats a great help - I have proof I've been living there over a year if the landlord tries to claim otherwise. Thank you!

Kinger101, yes I have a separate lock to my flat. A very basic lock. There's just one way to get in and out.

Thank you for all your help so late at night. Just making myself I'll here thinking of all the possibilities.

I hope they've not gone in. I do t know what I'm going to do. Just don't need this headache.