Locked-out from flat by LL: Any help appreciated...

MalMonroe

greatcrested said:

Has the OPstill not forced access to their home?

If not, why not?

Perhaps because they haven't paid any rent for six months?  

MalMonroe

If you are homeless and penniless you can apply to the council to be rehoused immediately. Have you done that? Where are you living now? I don't think you have ANY rights at all since you don't seem to have any contract and you haven't paid rent for a while. Nobody can live rent free. It's just not fair on your landlord/lady.

macman

MalMonroe said:

If you are homeless and penniless you can apply to the council to be rehoused immediately. Have you done that? Where are you living now? I don't think you have ANY rights at all since you don't seem to have any contract and you haven't paid rent for a while. Nobody can live rent free. It's just not fair on your landlord/lady.

The OP certainly has a contract: just not a written one. They paid rent, so a legal tenancy was created.  They will not get rehoused by the council as they do not appear to have dependants or be vulnerable, and have no documentation to prove that they have been legally evicted. Without this, the council will not be interested. 
Only a court can order a eviction-not a disgruntled LL who is owed rent and seems to have no grasp of the laws that apply to LL and tenant.

diggingdude

It seems you are both in the wrong here. The landlord has not acted like a proper landlord and you have certainly not acted like a proper tenant. Maybe you should just walk away and call it quits?

csgohan4

Would the council rehouse as the OP has intentionally made themselves homeless by not paying rent? Would this be the case, if not, they would need to be assessed like anyone else and prioritised according to need

brianposter

advicemse said:

brianposter said:

Any possibility of locating this friend ?

Maybe able to find them - would it help in anyway?

Maybe you could persuade them to let you in and remove your belongings, with or without consulting the landlord. If they are not particularly knowlegeable you could even suggest that you might need to involve the police.

And if you can persuade someone official that you entitled to live in the flat it will be the easiest way to get back in.

advicemse

Thanks for this advice...

greatcrested said:

* contact the police. Often they claim housing matters are civil, not criminal, so you need to be insistant (quote the Act to them). At the very least get a crime number. Apart from anything else you need to pre-empt the LL accusing you of breaking in. So get your complaint on record. If you are lucky, they may take up your case and interview the LL.

I am unsure if Police will take up the criminal case as she is foreign resident LL and whats the chances of actual prosecution? Its hardly high profile stuff in the public interest? Getting a crime number seems very sound though, to prevent accusations of breaking & entry. Assume I call 111.

* Contact the local council. Trading Standards can prosecute the LL. If the council have a 'Private Tenancy Officer' or similar, contact them too.

Can contact Council, however if I am not going to get re-housed by the council I assume they wouldn't have much to say to the LL about the illegal eviction. But worth a try for advice. Trading Standards could be an option, but not sure they would do much against a foreign based private LL as opposed to a UK trading company.

* contact Shelter.

Tried Shelter, their phone lines are too busy and webchat facilitiy not working. They're probs struggling at this time with the demand. I don't think I am the only one with LL issues post pandemic.

* search to see if there is a local Neighbourhood Legal Centre offering free advice/help

Can do. Did contact a local lawyer offering free local advice and she said I should break in with attendance of the police. Others not recommending doing that until I am sure its the right action.

* apply to the county court for an eviction injunction

If the illegal eviction has already happened, how would this injunction work? If I regain entry with the police / police crime-number / locksmith, what can the LL do? If I attain entry and then see that someone else has been moved in, what the 'eck do I do then?

 If the police will not criminally prosecute the LL, would I need to take this action? Would this be via a particular court? And if its civil action could it lead to a criminal prosecution as well as access & the correct notice period being granted?

brianposter

Everybody will find it easier if you can locate the keys.

Jeepers_Creepers

This is messy messy messy, and you are surely best out of it as soon as you can be. I think you'd be nuts to try and make a legal case out of this - it is so convoluted on both sides that it would surely be a long and expensive issue to resolve. You have admitted that "It would be a struggle to pay the back rent..." so what the heck do you expect will happen if you somehow force the LL to give you the required notice and you move back in for a few weeks? A 'welcome back' card?

What an insane arrangement in any case; you seemingly weren't paying cheap rent, but you were still taking on the required maintenance? What? The roof falls in? The boiler blows up? The plumbing bursts and floods the flat? 

You seem to be able to contact her by text? If so, accept her ultimatum and ask for access to remove your belongings. Give her a date - say a week - to comply. If she doesn't, inform the local police and break in. Get you stuff and clear away from this insane situation.

You really want to take her on or prove a point? Well, get ready to be counter-sued for 6 months rent for starters.

Really, what is this all about?! 

advicemse

Jeepers_Creepers said:

You really want to take her on or prove a point? Well, get ready to be counter-sued for 6 months rent for starters.  

If a tenancy can be proved, the past rent is questionable due to the habitability of the flat, the illegal eviction is not.