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Help to take landlord to court for illegal eviction

I am a tenant in England and Wales. My 12-month contract was signed on Oct 2022 & I am currently on rolling.

My Landlord has served my S21 notice on Form 6A and asked me to leave on 5th Feb 2023. I got a confirmation from CA that s21 is not valid. 

However, a few days back while I was not at home, my landlord threw all of my stuff in the garden and changed the locks. By doing so, he has damaged some of my stuff and other got damaged in open air. 

My questions is

- What are my next steps to take the landlord to court for criminal prosecution? Police think it is a civil matter which it is not.

How can I pursue on criminal line?

I will take further action once the criminal side is exhausted but I wanted to focus on the criminal side first. 

I would appreciate your help. This action by the landlord has traumatized my kids and I don't this to happen to anyone else.

Any help will be appreciated 
«1345

Comments

  • pramsay13
    pramsay13 Posts: 2,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Are your dates correct? Were you only in the flat for 4 months into 12 month period, but that was over 15 months ago?
    Did the landlord go to court?
    What was not valid about the S21 form?
    Have you continued to pay rent in the meantime?
  • m0bov
    m0bov Posts: 2,643 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It is illegal, I'm surprised the policie did'nt turn up. Have you tried a locksmith to gain access??
  • LutonGuy
    LutonGuy Posts: 33 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    pramsay13 said:
    Are your dates correct? Were you only in the flat for 4 months into 12 month period, but that was over 15 months ago?
    Did the landlord go to court?
    What was not valid about the S21 form?
    Have you continued to pay rent in the meantime?
    Sorry, a typo 5th Feb 2023 should be read as 5th Feb 2024

    Nope, the landlord did not go to the court
    Yes, rent is up to date

    For S21 validatiy, 
    1. Gas safety certificate not provided at the start of the tenancy.
    2. No Energy Performance Certificate provided for the property
    3. The deposit paid is not protected in any 3 of the Govt schemes
    4. The deposit is not returned.
    5. The landlord has not given the current version of the "How to rent: the checklist for renting in England" guide me at the start of assured shorthold tenancy.
    6. The landlord has not renewed the gas safety certificate after one year of tenancy. 

  • LutonGuy
    LutonGuy Posts: 33 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    m0bov said:
    It is illegal, I'm surprised the policie did'nt turn up. Have you tried a locksmith to gain access??
    I called police and they said, it was a civil matter & they will not come. 

    The landlord then called the police and informed a burglary was happening in his house and police turned up. They then said, it was a civil matter and told me I am trespassing and I should get my stuff out of the garden and they couldn't do anything. 

    The other thing is, the landlord has stolen my stuff from my home. 
  • LutonGuy
    LutonGuy Posts: 33 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    I seriously need help with this, so he can't do this thing to anyone else...
  • deannagone
    deannagone Posts: 1,101 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Might be worth finding the Private tenancy department/person at your local council.  They should be able to advise and may even contact your LL.
  • theartfullodger
    theartfullodger Posts: 15,573 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sorry to read your story: Clearly this should never have happened.

    Strongly suggest you trawl through Shelter's websites, especially the legal one..  (there is loads..)

    https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/illegal_eviction_and_harassment
    &
    https://england.shelter.org.uk/housing_advice/eviction/how_to_deal_with_illegal_eviction
    &

    https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/illegal_eviction_and_harassment/civil_remedies_for_harassment_and_illegal_eviction

    etc etc etc

    - to get educated...

    Then engage a solicitor who specialises in this area, and acts for tenants...

    Good luck.  Artful: As it happens a landlord.

  • Voyager2002
    Voyager2002 Posts: 16,052 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I second the advice to contact Shelter and the appropriate part of your local council.

    Your landlord's actions were criminal, and the police should have intervened.
  • Zoe02
    Zoe02 Posts: 571 Forumite
    500 Posts Third Anniversary Name Dropper
    Oops this has not been done properly.

    The landlord has taken matters in to their own hands.

    Contact the council. I did issue a s21 but was all through the court system and bailiffs.

    That is wrong what the landlord did. 
  • RAS
    RAS Posts: 34,935 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    1. The deposit paid is not protected in any 3 of the Govt schemes
    2. The deposit is not returned.
    Alongside any action for illegal eviction, you need to start action to seek the legal penalties for non-protection of the deposit.

    My guess is that illegal eviction and the non-protection both compound your LL's problems. 

    You need to claim the return of the original deposit plus a penalty of up to three times the deposit. Normal results seem to be the deposit plus a £1x deposit penalty but if the LL has added illegal eviction, the court might order a stiffer penalty.

    I assume that you have evidence of paying the deposit?
    If you've have not made a mistake, you've made nothing
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