Help to take landlord to court for illegal eviction

LutonGuy

m0bov said:

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.

Yes, will complain about the police as well. It is on my todo list, I am so shocked and traumatized by this behaviour that it will take me few days to recover, but once I am recovered, I will make a complain

Mrs_pbradley936

This is terrible he is simply not allowed to behave like that. I don't think you can bring a criminal prosecution, I thought the police and CPS had to do it. They look into the circumstances and make a decision.

Is he saying the the place is unsafe because it does not  have a gas safety certificate? Even if that is what he is saying he  has to provide you with alternative accommodation. I only know that because at one time a tenant of mine said the shower was not working but because there was a bath as well they could stay in place until it was fixed. The fact that they preferred a shower was not legally relevant. If there was no bath and it went on for a long time I would have had to pay the rent or hotel bill until it was fixed.

Yorkie1

For an unlawful eviction under the Protection from Eviction Act 1977, the local council has been specifically granted powers to prosecute (s.6).

This doesn't  preclude the police from doing it, but I doubt that happens often.

GDB2222

FreeBear said:

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.

Fraught with difficulty, as the Post Office will confirm.

GDB2222

LutonGuy said:

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.

On what basis did the police advise you not to break into your home? Did they explain? What did they say that they would do if you did break into your house?

I would get a locksmith to break in, and show him your tenancy agreement. 

Or, buy a drill and drill out the lock barrel.

But I suppose it depends what the police said. 

artyboy

GDB2222 said:

FreeBear said:

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.

Fraught with difficulty, as the Post Office will confirm.

Actually the PO did it without problems and in large numbers... back in the day. The difficulties came much later...

The most depressing part of this whole sorry saga is that the people entrusted to uphold the law (police, but also council) are only too happy to plead willful ignorance and palm people off. This is a CRIMINAL act

I do hope that the OP doesn't let this go because they were badly failed when they should have been protected.

RAS

The annoying thing is that there are legal remedies but how many tenants bone up on all aspects of tenancy law before their LL acts illegally?

Safer Renting has some useful information on illegal eviction, but only operate in London and Suffolk. 

Does you local authority have a tenancy relations officer? Or was that the person who declined to take the case further? 

Murphybear

m0bov said:

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.

Trespass is generally not illegal although there are some occasions when it is.  However what your Landlord is harassment which is a criminal offence.  

LutonGuy

RAS said:

The annoying thing is that there are legal remedies but how many tenants bone up on all aspects of tenancy law before their LL acts illegally?

Safer Renting has some useful information on illegal eviction, but only operate in London and Suffolk. 

Does you local authority have a tenancy relations officer? Or was that the person who declined to take the case further? 

The person I spoke to was from the housing team (homelessness). 

Thanks

LutonGuy

artyboy said:

GDB2222 said:

FreeBear said:

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.

Fraught with difficulty, as the Post Office will confirm.

Actually the PO did it without problems and in large numbers... back in the day. The difficulties came much later...

The most depressing part of this whole sorry saga is that the people entrusted to uphold the law (police, but also council) are only too happy to plead willful ignorance and palm people off. This is a CRIMINAL act

I do hope that the OP doesn't let this go because they were badly failed when they should have been protected.

I am committed to taking this case to its logical conclusion as I don't want anybody else to go through what I have gone through, but I need help from the council and police which I don't think I am getting so far unfortunately.