Help with Eviction Query

molerat

I am trying to help out a young couple with baby.

They lived in a rented property and knew that the landlord wanted the property back and were waiting for a notice to quit. They went away for a long weekend. When they got back the key would not fit the door !! The locks had been changed and all their property removed and no one will tell them where it is. They are left with only the property they took away with them. They have now been put up by the council in temp accomodation. They reported this to the police but they have said it is purely a civil matter and won't budge on this. I would have thought at least theft is involved. What are your thoughts.

neverdespairgirl

Were they tenants?

If so, go back to the police, and politely and calmly make a fuss. Point out the offence of illegal eviction, and that this isn't remotely a civil matter.

Phone Shelter, as well - they are great and can really help with this type of problem.

Your mates should easily be able to get a court order allowing them re-entry. Again, Shelter can help advise on this.

gemmyk16

I would also try and contact the illegal evictions team at the council

jamesd

Did they have an AST as their tenancy and did this weekend happen at the time of the monthly rental payments becoming due? I'm wondering if the landlord may have served them a Section 21 notice at the time they commenced the tenancy. If that happened and was done properly no additional notice was needed and their tenancy ended once the fixed time expired.

If this is not the case then the eviction appears to be illegal and they are entitled to both an order instructing the landlord to let them return and compensation for the illegal eviction. The illegal evictions team at the council should be able to assist.

neverdespairgirl

Thinking of this again, I'm appalled that the police said it was a civil matter.

With this type of housing problem, though, there are fortunately lots of law centres who know what they are doing (and are free) and legal aid is available as well.

The tenants should be looking at a quick injunction, then aggravated damages. Don't let this one go.

teeni

I am apalled at the police attitude too but not surprised, many police officers have no idea that illegal eviction is a criminal offence, but then many landlords either dont know or choose to ignore the fact as well.

As neverdispair girl has already pointed out the tenants should be applying for an injunction to restore them to the property and aggrivated damages. There is no wasy they should let this one go.

diana11

jamesd wrote: »

Did they have an AST as their tenancy and did this weekend happen at the time of the monthly rental payments becoming due? I'm wondering if the landlord may have served them a Section 21 notice at the time they commenced the tenancy. If that happened and was done properly no additional notice was needed and their tenancy ended once the fixed time expired.



Even if this is the case, the landlord still needs to apply to the court for an eviction order if tenants still reside in the property. If they still don't go, then only court baliffs can legally evict them

neverdespairgirl

jamesd wrote: »

I'm wondering if the landlord may have served them a Section 21 notice at the time they commenced the tenancy. If that happened and was done properly no additional notice was needed and their tenancy ended once the fixed time expired.

It's still an unlawful eviction, though, to go in when they are out and change the locks, unless it's a court order and baliffs situation.

molerat

Speaking to them again today it seems that the landlord had been granted possession by the court ( the court action was purely to gain council accomodation) and were in discussion over a date. They were phoning the landlord daily and he was aware they were away. He was advised by his solicitor that as they were absent for 4 days that legally constituted that they had vacated the house and he could dispose of any property remaining.

clubheadz

Hi,

I would say this is an illegal eviction. You cannot be evicted in England and Wales without a court order to do so.

Can I just ask what kind of tenancy your friends had? If it was an Assured Shorthold tenancy then the process to eviction could have been quicker (Accelerated method being 2 weeks to possible possession order + no hearing required + time to acquire warrant of eviction) than the usual method (28 days + hearing then possession order then application for warrant of eviction). Your friends MUST have received some court paperwork letting them know this was going to happen for it to be legal.

I would suggest they contact Community Legal Service Direct on 0845 345 4 345. It's a Government run local rate number organisation that should be able to give you some legal advice and direction. Otherwise contact the CAB as something is definitely amiss here!

Hope this helps?

clubheadz

I've just seen the last reply, oops!

I think the best thing to do is seek some legal advice. Your friends may be able to make an application to the court to get their goods returned.