SMF - Just Installed!

Illegal eviction

Started by Bellablue, August 12, 2018, 07:52:21 PM

Previous topic - Next topic

Bellablue

Hi all,

Could someone advise I have been privately renting a property since March 2018. All rent payments have been made par May where Santander had messed up my payments due to fraud resulting in the payment being paid into an incorrect account which I didn't know about until the landlord contacted me in June about by this time I had already paid the rent for June. It's taken almost a month to get the money traced and returned which I informed my landlord about. In July I was then taken into hospital for an operation and have been recovering at my parents house due to me needing assistance I have since found out that my landlord has cleared my flat and put it back on the rental market which I found online. I have tried to contact the landlord to ask where my possessions are but have received no communication from them. I never received any notices from them regarding any intent to evict or that they were going to clear my property. I was due to return back to work tomorrow but literally have nothing to wear all of my personal possessions and electricals have gone. What steps do I need to take next

Hippogriff

As this appears to have happened, rather than be happening - your first port of call will probably be your Council. Take a look at this URL, though, illegal eviction is a criminal offence - https://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction - and advises that you might call the Police. One expects that if you have no idea where your things are you may not have any idea of where your tenancy agreement is, though.

KTC

Get in touch with your council, if thye have any tenancy relation officer or such like. Contact Shelter for advice. Go to a landlord and tenant solicitor.

Bellablue

Thanks all yes I am currently in touch with my local council now. My tenancy agreement and off my identification was in the property. I am in the process of contacting the police now. The landlord is still not responding to me I have also sent emails with no response

Bellablue

Just an update after contacting the police the landlord finally responded he said that someone had contacted them and said that I wanted to have the flat cleared. Gave the name of the company and said that they had my stuff. I for one did not authorise this. I made contact with the company who informed me they were given access to the property and paid a deposit but would not tel me who did this. Obviously I want to retrieve my property but the storage company said they were told that payment would be received when the goods were picked up. Can anyone give any advice. I am due to attend the police station tomorrow to give a statement I just want my possessions back.

KTC

Get your stuff back first even if you have to pay out some money. Get receipt etc. Maybe even make it clear you are not acknowledging you are liable to pay if you can. Then you can take your time with a lawyer suing for illegal eviction.

Check with Shelter, CAB, council TRO first though.

Hippogriff

Quote from: Bellablue on August 15, 2018, 03:19:49 PM...the landlord finally responded he said that someone had contacted them and said that I wanted to have the flat cleared...

Convenient.

It doesn't matter, though, does it? Just like the Storage Company won't share who they dealt with (knowing now, it wasn't you - the owner of the stuff) the Landlord should not take instructions(!) from a party who is not the Tenant, i.e. you. Now... are you sure the Landlord cannot remember who it was that contacted them on your behalf and managed to persuade them that this was a good idea, without receiving your confirmation?

Because - as a Landlord - that is probably not something I would ever contemplate doing.

Hippogriff

As I stated before... Illegal Eviction is a criminal offence. The Landlord should be concerned if the facts are as they are relayed here.

heavykarma

Yes,I want to know what the police said? In your position that would have been my first phone call.It all sounds very nasty and,on the face of it,the police have taken the lazy option. 

KTC

If it's just illegal eviction, having already happened, there's not a lot the police could do never mind would do.

Police are notoriously bad at dealing correctly with illegal eviction. Many reported instances of them going to the property while someone is being illegally evicted saying "it's a civil matter, nothing to do with us" or even actively help the landlord in committing the offence. If it's actively happening in front of them, then the police could and should arrest the landlord to prevent an offence from being actively committed. After the fact however, the prosecuting authority for illegal eviction is the local authority and not police->CPS. If there's associated offences such as harassment or assult etc., then police may become interested.

Bellablue

Thanks for your responses I have got my stuff back but there are items missing and some damaged which I am going to claim for. The police have actually taken it further and are due to question him this week as far as their concerned fraud by deception has taken place amongst other things. I think they have taken it seriously because I'm actually a probation officer and I work with our local police. The landlord has since gone quiet I have now got myself a solicitor