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Illegal eviction, what can I claim for?

When I was remanded into custody, a new landlord took over my property, and illegally evicted me by changing the locks without notice and disposed of all my property. They claimed they didn't know how to contact me despite having my NOK details and knowing I was in custody, I had an email sent of by behalf demonstrating my intention to return to the property.

I wanted to ask what compensation can I claim for in the county court?

My property is obviously one thing, but as a result of not having a place to stay when I was released from court on a community order, I had additional accommodation costs as a result of the eviction including having to stay in a hotel. Can I claim for this as well? Are there other damages that can be awarded as a result of an illegal eviction?

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Comments

  • caprikid1
    caprikid1 Posts: 2,625 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    Hi, was the rent and bills being paid and up to date ?

  • CrazyHorse99
    CrazyHorse99 Posts: 16 Forumite
    10 Posts Name Dropper

    Sorry I should have mentioned this, but what happened is that a new landlord took over the property and this new landlord didn't give me their details so I could pay the rent. It was up to date with the previous landlord.

  • elsien
    elsien Posts: 38,046 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Did you have anyone checking the property and your post while you were in custody?

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have not could of.
  • CrazyHorse99
    CrazyHorse99 Posts: 16 Forumite
    10 Posts Name Dropper

    No because I'd been locked out by a crazy housemate, but they were sending me me emails so they clearly considered my tenancy active.

    I had informed my previous landlord that I was on remand, so I had informed the landlord that I would be absent for over 28 days as per the tenancy agreement.

  • bazdvd
    bazdvd Posts: 229 Forumite
    Third Anniversary 100 Posts Name Dropper

    how many weeks rent did you owe when he got rid of your belongings and changed the locks?

  • TroubledTarts
    TroubledTarts Posts: 1,018 Forumite
    500 Posts First Anniversary Photogenic Name Dropper

    The cheapest way for you to challenge a landlord over this is to list down all expenses you incurred because of being illegally evicted, the cost of all your possessions (be realistic with prices of things here) and put in a money claim online.

    Be factual and realistic and avoid an expensive solicitor.

    Have you got a signed tenancy to support your evidence?

  • CrazyHorse99
    CrazyHorse99 Posts: 16 Forumite
    10 Posts Name Dropper

    4 to 6 weeks I think. I'm still waiting for exact dates on things.

  • CrazyHorse99
    CrazyHorse99 Posts: 16 Forumite
    10 Posts Name Dropper

    Yeah I don't intend to get a solicitor it's what £20 for a county court claim with help for court costs?

    I have a signed tenancy agreement yes, and receipts for my property etc to evidence what items were in there?

    What happens with my deposit, would it automatically have been registered under the new landlord?

  • silvercar
    silvercar Posts: 51,261 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper

    Does your tenancy agreement require you to nto be absent for 28 days or to inform the landlord if you are going to be absent that long? If the former you are in breach of the tenancy agreement.

    Is a landlord required to serve papers/ notice to anywhere other than the rented property? (I really don't know). If you are in custody for any length of time, you can't also be resident in the property, so it may be that the landlord is obliged to keep your personal property safe, but that is it.

    You must know when you stopped paying rent.

    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Section62
    Section62 Posts: 11,545 Forumite
    10,000 Posts Fifth Anniversary Name Dropper

    No because I'd been locked out by a crazy housemate…

    Would you be able to prove the landlord disposed of your property (e.g. they admitted it in writing) vs them claiming the 'crazy housemate' may have stolen or disposed of it?

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