Need help with potentially Illegal Eviction

Marvel1

diggingdude wrote: »

so you were away from the property september - october? Did you pay full rent during this period? I think the landlord has a point as you arguably abandoned the property

Please ignore this advice

Pixie5740

John-K wrote: »

While this may be the legal situation it’d be a rare landlord who’d allow the property to be empty for ten months and in arrears for most of that without taking action.

You cannot leave for nearly a year, stop paying rent and be surprised if it turns out badly.

On the flip side a landlord should not illegally evict a tenant and expect it to turn out well even if that tenant is in arrears and/or is a PITA. It could well be that the landlord jumped through all the necessary hoops but if not....

00ec25

Manh28 wrote: »

I couldn’t pay the last few month however, he was informed that my business sell was about to be completed which should be enough for me to clear all arrears.

what outcome are you trying to achieve here?

1. You no longer live there, you now live somewhere else so presumably are not trying to get back there.

2. You were in rent arrears when you left the UK. What correspondence had you had with the LL whilst in arrears before leaving?

3. Did the LL expect you to return to the UK or can he justifiably argue you had abandoned not only the property, but also the UK?

4. Based on what you say here there does appear to have been an illegal eviction, I return to the question what outcome are you looking for? You still owe rent I assume?

5. Theft of your property is a criminal matter for the police. They won't help you as you have no evidence of who did it.

6. The LL was 100% responsible for safeguarding your possessions until he had contacted you and agreed what was to happen to them. You should have a strong case under "the law" to sue him for compensation, if that is what you want ? Sadly of course money is no replacement for sentimental items that have now been lost forever.
The Torts (Interference with Goods) Act 1977
http://www.landlordlawblog.co.uk/2010/04/27/landlord-rights-over-tenants-possessions/

Manh28

John-K wrote: »

While this may be the legal situation it’d be a rare landlord who’d allow the property to be empty for ten months and in arrears for most of that without taking action.

You cannot leave for nearly a year, stop paying rent and be surprised if it turns out badly.

Thanks for you replay, I wasn’t gone for 10 months. I could have come back during Christmas had he not evicted me. What would you know about the pain of a homeless father of two and landing in Heathrow then wonder where to sleep?

Manh28

HampshireH wrote: »

OP - Just out of interest. How do you know that the Landlord didn't pursue a legal eviction, serve notice, apply for a warrant etc.

If you haven't been to the property between September 2017 and April 2018 how would you know if you had been served? Bailiffs had attended with a warrant?

Its a genuine question.

Contact the court and ask for a copy of the paperwork (you will have to pay a fee)

Edit: Also have you contacted you contents insurer. Presume they knew you were away from the property and continued to insure you.

My only way of correspondence was via emails. LL is well aware of this and he had the sole access to the property and the mail. What I can gather from our conversation, there was no legal notice or warrant issued.

John-K_3

Manh28 wrote: »

Thanks for you replay, I wasn’t gone for 10 months. I could have come back during Christmas had he not evicted me. What would you know about the pain of a homeless father of two and landing in Heathrow then wonder where to sleep?

You are right, I mis-counted, July to April is nine months, not ten.

That changes everything....

As others have asked, how do you know that your landlord did not do it all by the book?

franklee

Not enough information.

You were away from the first week of July and were evicted in November. Given the rent arrears it could have been two weeks notice under section 8 and then possession order etc. There is time for that to go through especially if undefended.

As for section 21, maybe enough time depends on how busy the local court is.

Notices would have been served to the rental address. Did you arrange postal redirection to a friend/relative or for someone to pick up the post?

Suggest you contact the local county court and see if you can find any records there of a legal eviction.

[Deleted User]

OP, I know you have been in an awful situation, I, and others will advise but I am afraid you need to try and not react emotionally. It won't help. And acknowledge things weren't handled as well as they could have been, however bad your situation.

Like, for example, telling the LL you are going to sell your business does not help the LL replace the money he is not getting. And your business did not sell when you said because of problems. It might not be your 'fault' but the saying 'no matter how thin, a pancake has two sides' applies here. The LL was left not knowing when you'd return, whether you would ever pay rent for some months.., whatever your good intentions. The LL wasn't enjoying this either. Don't be nieve. What has happened to you is wrong, but the LL has arguments with what happened too.

There will always be people on public forums that like to make others feel bad. Give them the dignity they deserve and ignore them rather than feed them.

HampshireH

Manh28 wrote: »

My only way of correspondence was via emails. LL is well aware of this and he had the sole access to the property and the mail. What I can gather from our conversation, there was no legal notice or warrant issued.

A court isnt going to email you and the landlord wouldnt receive copies of any paperwork you were sent (if dont properly).

As I suggested. Contact the court and see if they have awarded posession against you.

If it helps, ask your former LL for the case reference # and a copy of the notice he served. Advise him at the same time that if they are not received for further investigation then you will be calling the police for theft.

You sound like a bad tenant based on the usual definition , (rent arrears, all leaving the country for many months etc). However, that is no excuse to evict someone illegally. It's a very stupid landlord that would do this.

You need to do some legwork to find out

Red-Squirrel_2

Manh28 wrote: »

No, should I? Is it not a civil matter? We did have all of our life’s belongings in the flat. Most of it are irreplaceable.

Someone has stolen things that belong to you, valuable things, of course you should report it!