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Landlord Illegally Evicted Me - I am fighting back

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Author Topic: Landlord Illegally Evicted Me - I am fighting back  (Read 235 times)
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Posts: 13

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« on: December 11, 2020, 01:22:13 AM »

    I have been a long time visitor to this site both as a landlord and a tenant.

    I have self represented before in landlord tenant cases - and won every one of them !    My landlord is a bully and his agent a moron.

    This is a popcorn story that is going to take many months to go through the courts and conclude.

    I hope this journey will be amusing and/or useful as an eviction/tenancy example of what is going on in this whole coronavirus situation that continues to evolve

So lets begin....

I am currently suing my (ex) landlord for illegally evicting me during the summer whilst I was in a 12 month fixed term tenancy that isnt due to end until 2021

The landlords agent issued a money claim online against the guarantor after entering the property and changing the locks when I was out and he is claiming abandonment to justify his actions - later back peddling several weeks later to say he changed the locks back - after i found alternative accommodation

I have counterclaimed for illegal eviction and am self representing (with help to pay court fees because I am on a low income)

The counterclaim and money claim are being dealt with by one court (after the landlords agent named the guarantor as the first defendant and the guarantor asked for the proceedings to be transferred to a court near him.  That case is taking plenty of time because of the pandemic, fee remission applications etc

The landlords agent then issued a section 21 possession claim in his local court with several months left on the fixed term but claiming "abandonment".

The Landlord and agent presumably dont know details of the counterclaim against the landlord because it is still being processed by the different court as above...

The landlord issued a section 21 notice during the fixed term and then withdrew it via email a couple of months before illegally evicting me

The Section 21 possession claim has been defended (on paper) and a judge has asked the landlords agent to prove landlord owns the property and (I think - iirc) that I/landlords agent can apply to have the case struck out - which is confusing me a bit because  the judge has a copy of the tenancy agreement and the landlord has issued these proceedings during the fixed term so I dont understand why the landlords agents case has not failed/been chucked out  on that point alone - unless the mere fact the landlord says i have abandoned and i have said there is anotehr case where i am counterclaiming for illegal eviction is sufficient for the judge to continue to progress the section 21... presumably because the court would need to make a determination of whether or not i was illegally evicted or abandoned the property....

So having paid my contribution (due to low income) of the more than 2k application fee (the rest being paid under the low income scheme) I am waiting to se if the landlord gets added to the Money Claim court case and what happens in the section 21 court case.

As Landlords are regularly warned on this blog, my tenancy agreement is a joke ..for the Landlords agent and a sad example of how poor this agent is in a profession they claim to have been operating in for over 15 years,,

  • The tenancy agreement does not specify rent is to be paid in advance - my rent was up to date when he illegally evicted me
the tenancy agreement includes a six month break clause which is then not defined/elaborated on - and all this happened around a time when i might reasonably claim I could have invoked that break clause - or indeed the landlord might have  tried to instead of issuing the section 21 notice wit ha 2 month notice period back in early summer - not that it would have flown because  it wasnt defined.
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I have a well evidenced claim against the landlord for failing to disclose a neighbour had right of access across the property - which caused a lot of issues with the neighbour 0 further exacerbated by covid lockdown - resulting in me asking for a rent reduction - before the landlord issued the s21 notice

I have a well evidenced claim against the landlord for failing to repair a large section of rear and front garden fence he appears to be legally obliged to repair in any case but offered to repair and ordered to repair by the council (during issues as above with neighbour and right of access etc)

The landlords abandonment claims rest on him entering the property, changing locks and informing the guarantor not me of the situation and then over a couple fo weeks demanding I tuern up to their office to explain myself to police etc etc before hed consider giving me the new keys..

The agent didnt follow the suggested abandonment practice as outlined in the yet to come into law clauses in the Housing and Planning Bill 2016

The agent keeps filling in court claims instead of the landlord - with no obvious involvement/permission in those forms that they have the landlords permission or indeed without giving full details in their particulars of claim or following any pre action protocol,     

The agent and landlord got a solicitor to write to me claiming abandonment, defending illegal eviction, offered to settle and then went quiet before landlord agent issued posesion claim as a lit - ie without the solicitor doing it  - so they are not paying that solicitor to represent them any more and have obviously ignored much of his advice or obscured facts from him

So we are now waiting the next set of decisions from the court...

In the mean time I do have somewhere to live and wont need to rent again until called back to office when covid settles...




« Last Edit: December 11, 2020, 01:32:59 AM by Thunderballs »
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« Reply #1 on: December 11, 2020, 08:09:51 AM »

I checked twice, but didn't pick up on any question here..?
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« Reply #2 on: December 11, 2020, 11:08:40 AM »

I can't understand why,if you had no arrears,they were evicting you? What are they trying to claim from the guarantor? Your first comment about numerous court cases instantly makes me think there is another side to this.I am not saying you are a vexacious litigant,but it is quite unusual for such situations to occur even once for a tenant or landlord.
Newbie
Posts: 13

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« Reply #3 on: December 23, 2020, 04:31:13 AM »

We didnt have arrears. the agent just thought we did because he hadn't read his own contract. 

He was also claiming for rent in advance until the end of the fixed term as though we had abandoned the property. 

The original issues were that we asked for a discount to rent because he hadn't fixed the fence and because he hadn't disclosed the neighbours right of access which would have caused us to rent somewhere else.

As a result of that he issued a S21 notice at about the 5 month mark of a 1 year fixed tenancy asking us to leave in 2 months from date of issue.

Obviously it is a mess.

Under a section 21 process how can a judge issue a possession order if the landlords agent claims we abandoned the property but we say he illegally evicted us and the matter is the subject of a money claim / counterclaim for illegal eviction - in a different court...? 

I am not a vexacious litigant because I always win my court cases.       I am just smarter than most of the solicitors I come across and way brighter than the dumb agents,   landlords or employees of corporate housing businesses that screw with me and then employ those solicitors to act for them.

I hate useless agents and landlords that break the law (deliberately or through willful ignorance) and bully tenants.   Someone has to take them to court - police and councils wont and many tenants are too afraid or dont have the expertise or legal aid to do it.
« Last Edit: December 23, 2020, 04:57:08 AM by Thunderballs »
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« Reply #4 on: December 23, 2020, 05:38:37 PM »

Sorry,but you have a most unfortunate way of presenting yourself,and any tenants reading your "advice" should ask themselves what can be gained by being deliberately belligerent towards a landlord who may well be acting within his rights.Your comment about tenants not being responsible for stuff poured down the sink is pure nonsense for example.I say again,anyone who speaks of numerous court cases is highly suspect in my book.
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« Reply #5 on: January 05, 2021, 05:58:27 PM »

Sorry,but you have a most unfortunate way of presenting yourself,and any tenants reading your "advice" should ask themselves what can be gained by being deliberately belligerent towards a landlord who may well be acting within his rights.Your comment about tenants not being responsible for stuff poured down the sink is pure nonsense for example.I say again,anyone who speaks of numerous court cases is highly suspect in my book.

Agreed. Unfortunately there are a small number of people who are consistently a pain in the backside in all manners of ways, and almost certainly believe they're smarter than everyone else. They usually just make life harder for everyone else without really putting these so-called "smarts" to better use.
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