Reclaiming my goods after a eviction

YBR

The Agent can't have it both ways, if you owe rent you are a tenant and this is illegal eviction.

If the eviction was legal, then you were a squatter and no rent is owed.

Either way they now need to clear the place for whatever comes next and that will cost them money, or they could expend a few hours of an agent's time to supervise while you clear out. I think I could argue a business case on that!

Could you find someone who could come with you to the the agent, help you have a conversation along these lines, and point out that you could take this to law but would prefer just to move on …

sheramber

Have you tried contacting Shelter for advice?

monkey-fingers

https://forums.moneysavingexpert.com/discussion/comment/81929819#Comment_81929819

Nope.

Read the law.
https://fraserbond.com/blog/article/understanding-your-rights-steps-to-evicting-a-permitted-occupier-in-the-uk-b7319#:~:text=If%20the%20permitted%20occupier%20fails,the%20occupier%20from%20the%20property.

This is a hill I'm happy to die on too.

Not to mention that the Landlord is now an involuntary bailee. And as I've seen on one of the LL Facebook groups I'm in, a similar issue cost a Landlord £14k.

monkey-fingers

https://forums.moneysavingexpert.com/discussion/comment/81930448#Comment_81930448

They're not a squatter. They're a permitted occupier.
It's a completely different game.

"A person is not a squatter if they have been granted permission to be there e.g. by a previous tenant"

https://www.pims.co.uk/squatters/#:~:text=Who%20exactly%20is%20by%20law,you%20take%20any%20further%20steps.

Jumblebumble

https://forums.moneysavingexpert.com/discussion/comment/81930599#Comment_81930599

We dont know if the landlord gave permission for the OP to live there

As a landlord, it is important to understand your rights when it comes to evicting a permitted occupier in the UK. A permitted occupier is someone who is allowed to live in the property with your permission, but does not have a legal right to be there.

monkey-fingers

https://forums.moneysavingexpert.com/discussion/comment/81930782#Comment_81930782

OK, let me link you back up again

"

A person is not a squatter if they have been granted permission to be there e.g. by a previous tenant"



https://www.pims.co.uk/squatters/#:~:text=Who%20exactly%20is%20by%20law,you%20take%20any%20further%20steps.

The way this works is that if the person who the tenant allowed to live there doesn't leave, the tenant is actually responsible for continuing to pay rent.

Either way, the Landlord STILL needs to get them evicted and only a court can do that.

As someone pointed out above, the Police don't know the law.



silvercar

https://forums.moneysavingexpert.com/discussion/comment/81930800#Comment_81930800

I agree. As a permitted occupier you are allowed to be there, your mother is still liable for the rent as she hasn’t removed you as part of ending her tenancy. She is liable for the rent under the current (though she will say ended) tenancy.

You actually have no liability for the rent and every right to be in the property.

You may want to let your mother know this. Karma!

You may also want to let the landlord and agent know, though you could wait for it all to get to court. In the meantime you have every right to be in the property.

Myci85

As a mum of two boys similar age to you, I'm sorry to hear what you've been through.

As others have said, if you haven't already, please reach out to your college for support, most colleges will have members of staff who can provide you support and guidance around housing matters. I'm glad you've got a roof over your head thanks to your friend, but I can't believe the letting agent is treating you like this, and I think you need someone to help you fight your corner to get your things back without having to resort to legal proceedings.

Cornhusker

Thank you all for your support in this matter

I've been to the estate agents today to speak to the manager, my friend came along with me and i did ask if i could record the conversation but was refused. A summary of what happen is

They confirmed there were the acting agents of the property they refused to give me the name or address of the landlord citing data protection act. so im not sure what to put down if i do start a court claim

They said in their eyes i was a non-legal tenant in the property. i asked them if they consider me has a squatter or a permitted tenant they would only say i was a non-legal tenant

The eviction wasn't illegal because my mother had given permission for the locks to be changed.

i asked them for a rent statement showing the dates and amount of money i so called owe them, they said it would be sent in a email later. Hopefully they don't change their minds and do send it because it seems there are not allowed to charge a non-legal tenant. i am only guessing here but if they have charge me that would indicate to me that i was deemed a tenant and obliviously have more rights

i asked if my mother had paid the rent since tenancy expired once again they refused citing data protection

i said i could arrange a removal company to come and empty the property withing the next week and end this matter they just said again it would cost £500 plus vat for a estate agent worker to be there . i decided that it wasn't worth the argument on this at this time and moved on

i asked if my property was still in the house they couldn't confirm this because the estate agent has not been to the property this week.

I asked about my goods going missing but they said again they couldn't confirm anything going missing

i asked about been informed when your planning on moving my goods from the property, and was told the last tenant i.e. my mother would be informed when goods are to be moved seeing i don't have any contact with my mother im worried that my goods could be moved without my knowledge. When she left she took everything so the goods in the property are the ones i own

i just get the feeling they want some revenge on me for staying in the property but i did say you were aware i was living there after my mothers tenancy had ended and at no time did u send any letters to me or speak to me in person asking me to leave the property. i did ask for a SAR about what information they have and didn't have a clue to be honest i had to explain the request to them i was told they would get back to me on that

Thank you again and any advice/ questions you have please post

elsien

https://forums.moneysavingexpert.com/discussion/comment/81930838#Comment_81930838

they may or have every right to be the property but they can’t get back in in reality without forcing their way bdck in or getting the locks changed again. which is likely to bring whole new raft problems.

@Cornhusker as already suggested twice now, have you spoken to shelter?