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Need help with potentially Illegal Eviction

Hi all,
I’m new here so take it easy. I’m a fateher of two girls aged 8 & 3. My wife and I were renting a privately rented unfinished flat. Initially we’ve had 6 months tenancy agreement and never got renewed however, we’ve lived in the same property for over 18 months before we’ve had to go to India to attend a medical emergency of a family member.

We departed in the first week of July and had a return date of early September in mind. However, my father in laws medical condition was getting worse hence we failed to return. Our landlord was well aware of this, we’ve also left the keys with him and agreed an emergency access As well as permission to turn on the heater if needed.

Then we’ve had an email from the landlord in October informing that he will take control of the property and our belongings which he will store for 90 days as best as he can in a garage shed! He also made it clear that we’re now being evicted. He did not issue any legal forms as all these being done over email.
Naturally, I kept pledging him not to take this action as that flat contains our everything including clothing, furniture, electronics, sensitive documents, jewellery etc etc. Most importantly I tried not to be homeless and it wasn’t possible for me to return and negotiate. I was in rent arrears at that time due to a struggling business venture which he knows. He also knows that I’ve sold the business and waiting for the money to be paid and I will clear all arrears with him. At one email I even asked “ARE YOU NOT BREAKING THE LAW?” He replied saying that what he is doing is perfectly legitimate as we don’t have never renewed the tenancy agreement!

Anyway, we were evicted in November and our belongings were under his control as he emptied the flat. We’ve been hit harder with another medical emergency in our family in industry a and the sale of my business was delayed and I had no fund to return. And being homeless with two daughters didn’t help my mental state as well. After a long while a friend offered to accommodate us temporarily so we can rent again and be ourselves.

We’ve returned in late April and now renting again. As per our belongings, we’ve got most of our clothings in rotten state, found 1 out of 2 TV and our double bed without any fittings. All of our valuables including jewellery aren’t to be found. The landlord says he had to dispose most of our stuff!! He even boast himself saying some of the electronic items were donated to a lady who was going through rough time!!!

I’m a veteran and all of my military records were in the flat. We’ve had personal computer, iPad Xbox one etc which contained our very personal data. None of them are to be accounted for or no evidence of disposal.

Please help as this is really starting to hurt us as a family. Our current mental state is beyond ones imagination especially, our 8 year old daughter. Luckily, the 3 year old doesn’t have a clue!

Thanks in advance.
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Comments

  • diggingdude
    diggingdude Posts: 2,445 Forumite
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    so you were away from the property september - october? Did you pay full rent during this period? I think the landlord has a point as you arguably abandoned the property
    An answer isn't spam just because you don't like it......
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    Have you reported the theft of your property to the police?
  • Manh28
    Manh28 Posts: 6 Forumite
    No, should I? Is it not a civil matter? We did have all of our life’s belongings in the flat. Most of it are irreplaceable.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    edited 16 May 2018 at 9:59PM
    so you were away from the property september - october? Did you pay full rent during this period? I think the landlord has a point as you arguably abandoned the property

    Even if the OP hadn't paid the rent that does not give the landlord the legal right to do what he has. He would need a possession order from the court and then for the court to appoint bailiffs first.
  • Manh28
    Manh28 Posts: 6 Forumite
    so you were away from the property september - october? Did you pay full rent during this period? I think the landlord has a point as you arguably abandoned the property

    I couldn’t pay the last few month however, he was informed that my business sell was about to be completed which should be enough for me to clear all arrears.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Manh28 wrote: »
    No, should I? Is it not a civil matter? We did have all of our life’s belongings in the flat. Most of it are irreplaceable.

    No it is not a civil matter, illegal eviction is a criminal matter. I assume that you were a tenant and not a lodger ie you did not share living space with your landlord.

    The police are not always well versed in housing law so my advice is to contact Shelter first thing tomorrow.

    https://england.shelter.org.uk
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    The question is, were you illegally evicted or did your landlord Dot the i's and cross the t's?
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
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    edited 16 May 2018 at 10:10PM
    I think you are correct, you were illegally evicted but there are a few 'depends' there.

    1) Legal Eviction?

    Eviction can only take place 'legally' if the LL has gone to court, obtained a possession order and appointed bailiffs. Were court papers ever issued to you (even sent via email). However he could also send to your last known address (the empty property and they will probably be deemed as served.

    He can legally evict after serving a S21 giving two months notice (as you were not in a fixed term of your previous Tenancy agreement), then after that 2 months, get a possession order and appoint bailiffs.

    If you were 2 months behind on the rent, he could then start eviction proceedings after serving S8 paperwork for rent arrears.

    2) Property
    As you were gone for so long, although he should have stored your items properly, it may be decided in court that you were just gone for too long and the LL had a right to dispose of the goods. You might find he will start proceedings for rent arrears.

    Then there is another issue

    3) If you paid a deposit, it should have been put in a protected scheme. Did this happen (if you paid a deposit). If he didnt', you can take him to court and he will have to pay you 1-3 times the deposit. He should also have served prescribed information.

    But the most important issue is were you evicted legally? Phone Shelter UK (if you live in England) https://england.shelter.org.uk/get_help and see if they will help. If you weren't, you can take the LL to court and he could be in for some serious losses. But you do need to check if the eviction happened legally. I am not a legal expert, so you need proper advice.

    Given what's happened to your property do not lose/destroy or whatever any texts or email conversations you have had with the LL. Go through everything you still have and see if you have any paperwork,including bank records of what you paid etc. Even if you don't have a tenancy agreement left, you can prove the tenancy existed if you paid rent regularly to the LL.
  • HampshireH
    HampshireH Posts: 4,471 Forumite
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    edited 16 May 2018 at 10:05PM
    OP - Just out of interest. How do you know that the Landlord didn't pursue a legal eviction, serve notice, apply for a warrant etc.

    If you haven't been to the property between September 2017 and April 2018 how would you know if you had been served? Bailiffs had attended with a warrant?

    Its a genuine question.

    Contact the court and ask for a copy of the paperwork (you will have to pay a fee)

    Edit: Also have you contacted you contents insurer. Presume they knew you were away from the property and continued to insure you.
  • John-K_3
    John-K_3 Posts: 681 Forumite
    Pixie5740 wrote: »
    No it is not a civil matter, illegal eviction is a criminal matter. I assume that you were a tenant and not a lodger ie you did not share living space with your landlord.

    The police are not always well versed in housing law so my advice is to contact Shelter first thing tomorrow.

    https://england.shelter.org.uk
    While this may be the legal situation it’d be a rare landlord who’d allow the property to be empty for ten months and in arrears for most of that without taking action.

    You cannot leave for nearly a year, stop paying rent and be surprised if it turns out badly.
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