Help to take landlord to court for illegal eviction

LutonGuy

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 

pramsay13

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

It is illegal, I'm surprised the policie did'nt turn up. Have you tried a locksmith to gain access??

LutonGuy

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

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

I seriously need help with this, so he can't do this thing to anyone else...

deannagone

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

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

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.

[Deleted User]

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

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?