Help to take landlord to court for illegal eviction

GDB2222

LutonGuy said:

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 

I don't understand why you don't simply re-enter your home? Or, have you done this already? 

It is your home until there's a court order and you are evicted lawfully. You can use all reasonable means to enter your own home. I'm assuming the flat/house is empty right now.  Also, I assume you are a tenant, not a lodger.

If there's someone in the property who doesn't want you to enter, then different rules apply, and you need to get the help of the police to deal with a squatter. This is your home.

The damage to your belongings is criminal damage, and I would make a formal complaint to the police that they have failed to deal with both the criminal eviction and the criminal damage. 

propertyrental

Police often treat this as a civil dispute, due to ignorance. You need to go to the police station and not get fobbed off by a sergeant at the desk - insist on speaking to a senior office if you are not getting anywhere. Quote the

Protection from Eviction Act 1977 S1 subsections (2) & (4).  Maybe even print it off and take it with you!

you also need to contact the relevant person at the council. This may be a Housing Officer, or Private Tenancy Officer or similar.

Do you have a copy of your tenancy Agreement? If yes, show it to a locksmith and get them to give you access - the council might also assist in convincing the locksmith you are entitled to access.

Shelter should advise.

Trading Standards? They have various enforcement powers so might be more likely than the police to prosecute criminally.

pinkshoes

Get a copy of your tenancy agreement, get a lock smith if required and enter your home. If the LL calls the police then make it clear to the police that the property is your home, you have a valid periodic tenancy, and as per the law if the LL wants the property back he needs to issue a valid S21, and then take it to court.

I think I'd be making a complaint to the police who have made a HUGE mistake here. It might be worth telling the police that at 8pm (or whenever) you will be re-entering your property.

BarelySentientAI

LutonGuy said:

What are my next steps to take the landlord to court for criminal prosecution? 

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. 

Good advice on this thread, covering everything (rightly) apart from this point.

To answer this one, you don't.  You are not the CPS.

FreeBear

BarelySentientAI said:

LutonGuy said:

What are my next steps to take the landlord to court for criminal prosecution? 

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. 

Good advice on this thread, covering everything (rightly) apart from this point.

To answer this one, you don't.  You are not the CPS.

In England & Wales (and probably Scotland), it is possible to bring a Private Prosecution. But it is not a cheap process, nor is it simple.

Deniseconfused

I would write a FORMAL COMPLAINT addressed to the Duty Inspector at the Police station setting out the law. 

Stating you will be taking up occupation again after an illegal eviction 
You require a uniformed police officer to attend to ensure the landlord does not cause a breach of the peace whilst the lock smith opens the door for you. 

I am a landlord of several properties. The landlords behaviour is disgraceful 

m0bov

Trespass is not illegal, something doesn't add up here. You could complain about the Police? I'd still get back to the property and keep a copy of your valid tenancy agreement.

LutonGuy

Voyager2002 said:

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.

I contacted council and they are pretty much "Not our problem, it is your problem".

LutonGuy

RAS said:

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?

Yes, a bank transaction and signed contract 

LutonGuy

GDB2222 said:

LutonGuy said:

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 

I don't understand why you don't simply re-enter your home? Or, have you done this already? 

It is your home until there's a court order and you are evicted lawfully. You can use all reasonable means to enter your own home. I'm assuming the flat/house is empty right now.  Also, I assume you are a tenant, not a lodger.

If there's someone in the property who doesn't want you to enter, then different rules apply, and you need to get the help of the police to deal with a squatter. This is your home.

The damage to your belongings is criminal damage, and I would make a formal complaint to the police that they have failed to deal with both the criminal eviction and the criminal damage. 

1- One, because the locks are chnaged. 
2- Police came and pretty much said, "It is a civil matter, and advised me not to break into my own house" 
3- I am on 12 months contract AST but now on rolling.
4- I will make a formal complaint to police as well.