possible illegal eviction ?

[phat256]

yes i did on numerous occasions they send a transcript of the meetign with them and my exd-landlord and confirm all the harassement details and the fact that my ex landlady was told about the legal procedure that she must comply with but she choose to ignored it.

we have also acknowldegement from our utilities company to prove that she has tried to passe herself as my wife in order to get our new details ( new address and so on ) after we wer forced to moved out. the utilities confirm hey was a breach of data protection from theri part. we have also other proof that she has tampered with our mail.

[phat256]

i rang up shelter and legal aid which confirm that she did indeed a wrongfull eviction and we calim compensation about it as she had issue a notice of eviction then she would had towait until expired or to obtain an immediate possesions court order for her to give access to the property . also the fact there was till my belonging and i was inpossesion of the keys then the property was not legally surrendered or abaondonned.

2nd issue: legal aid told us to issue a CPR part 18 to our exlandlord as her POC was so poor and did not disclose enough ,if any, sufficient information to issue a proper defence and counterclaim.

i received a leter from my ex LL which object to it on the ground that CPR are not there to disclose further information and wil cost her too much and as such she object to it and refuse to answe r any question

this is why in short she is refusing to comply with CPR part 18 because :
- it will cost her too much
-she doesn't see the logic of such request
-secondly she doesn' have any evidence to show as she does not have our defence ( then why proceed with a claim based on hearsay) and as such she doens't know how to proceed.


however she sent what seems to be copy of a tenancy agreement. and i can tell you that the document sent has tampered with in so many way .... many information have changed or disappear , my signature has changed to although slightly .... name of the actual landlord who signed the agreement has been removed so it is know an unexecuted agreement.

so not sure how to proceed now (sorry i cannot afford a solicitor way too expensive) any advise welcome ! thank you

[MrShed]

You need to speak to a housing officer at the local council and take it from there.

[Conniff]

Lets lay it all out and you can confirm if it is correct.

You were a tenant with a contract.

She issued you with notice to quit but entered the property 3 days later and changed the locks.

She then issued a court claim against you for theft of some of her property.

You have received this court claim.

There is still some of your property in the flat and she is refusing you entry to retrieve that property.


Is that correct ?

[phat256]

hi conniff:

- i had a contract with a guy called john from 2002

- in the beginning of 2008 we have a woman in our doorstep claiming to be our landlord, no letter no nothing to say there was at least a transfer of interest.she decide that she doesn't like us then told us to moved out if not she will change the lock. She made our life very difficult from then on we have witnesses police log etc...

- she issued a notice last month then 3 days later entered the property while i was out . she didn;t warned me or even told me that she intended to take immediate possession without a court order. then she changed the lock so for the moment i am living at a friend house i am technically homeless.

- then 5 days l;ater from the wrongfull eviction she called the polcie saying that i have stole three items. told the polcie that i will be difficult for me to stole soemthing while i thrown out... the police don;t care arrested me at work. then dropp the cahrges as it was obvious that she is making false allegations.

- then she issued a court claim for theft and rental arrear 2 weeks later

- she is refussing to let me entry to the property, has she has moved in new tenant and apparently she threw away my belonging as "they are to luxurious for me " ( her own word) and completely ignore any demand. the belongigns left worth quite a bit ....

- she did other things which are criminal such as fraud etc....

- all my post are now redirected.

Mr shed the council cannot help me as i am apparently in adequate accommodation ( i am not in priority need)they only send me a transcript of the meeting with me and my ex-landlord confirming the harassment


yes conniff it is more or less correct

[phat256]

i forgot to mentioned that 2 weeks before she changed the lock, i had called the environmental officer to carried out an inspection for the disrepair of the property i was living as i didn't have any hot water, etc.... and she refused to do anything about it.

[MrShed]

Phat you miss my point. I'm not saying go to the council regarding housing. Go regarding the illegal eviction. She has committed a criminal offence, and the council have an obligation to act. If you get fobbed off, insist on action being taken. It is a serious criminal act that can result in a custodial sentence, and significant damages.

Are you past the point where you can countersue with regards the court case? Where is your local authority?

[phat256]

sorry mr shed no i understood the point....

the council told me they cannot do anything as my ex LL has already started a civil claim.

the council told me as she has started a civil court claim i can countersue for illegal eviction and disrepair plus my belonging that she does not want to give back. although they told me this will be the court to decide the compensation figure. this why they sent the transcript of every meeting to show to the court the behaviour of my ex LL as proof.

i went to report to the police they dont care they told me they rpefer to look after "little old lady who was been ripped off " as my problem are only civil !

[MrShed]

Your council are wrong. They are correct that you can countersue(and you should) but this is a CRIMINAL OFFENCE. If the council housing department refuse to deal with this, you need to make an official complaint.

[phat256]

ok i might do that ! however i have to say they are helpfull at providing evidence that i need for my counterclaim and defence. i wil countersue i amwritting it down for the moment it will look a bit like my defence but shorter lol ...

aparently legal aid were impressed by me defence and said i have a really strong case to put forward ... so i crossed the finger that i will win

when you file your defence do you have to do 3 copies also one for the court one for the cliamant and one for me ? what document to enclosed with it ? sorry for this little nagging question lol

[heartopp]

What happend...

[phat256]

well a lot happened i di a CPr part 18 as advised by legal iad as her POC is very bizaare and based solelly on hear say. she refused to complied so i made an application noptice and a draft order with my AQ .

we find a solicitor to which we had an half hour free what a lot of informatin we gathered.

then she filed her AQ claiming now that we owe her 10 000 pounds no explonation to why he has gone up and to what it correspond to, she want us to pay her legal fee to progress her own claim and want us to pay 10 000 pound as security cost to court office because she is worried that we are not able to pa if she is susccessfull. her draft order she want her claim to be passed on to multi-track and ask to the court that the hearing will last well over 2 days as she is arguing that her case involve difficult point of law which one we don't know !

well she might be worried as we are now officially bankrupt. Nothing to do with her she is not our major creditor far form it. it was planned well in advance thanks to national debtline advise they have been great with us.

anyway she is trying to have our defence and counterclaim struck out because our defence does not disclose any resonnabler claim of course we still dont know what we have to defend as has does not want to comply with any pre-action protocol to date she has not delivered the document she wished to rely on in court to us and to the court.

Our defence is based on the fact she did not comply to any pre action protocol and she has not answerd to our CPR part 18 and as such we cannot particualrise our defense ...

the police told us our best bet was to counterclaim which we did and they made a written statement confirming all incident of harassment and illegal eviction deception and fraud so we can including it into our bundle.

her claim is very bizarre ,now she is denying to us and the court that she ever did start this claim and as such she doesn't not the law and she want to have legal representation soa nd so and so forth basically that she is naive and we are a bunch of nasty to ever dare to file a counterclaim / defenc against her this is her evidence to have our defence and counterclaim to be struck out as we do not disclose any legal and contractual reason and we are abusing the court process by asking her to disclose her document so we can file a proper defence! apaprently the solicitor told ud that it is her desperate attempt to get out as she knows now she will not get anything out of us and we wil get what we are asking for compensation and damages....

legal aid told us that so far all of our action were professional and do really show to the court that her behaviour is highly abusive and unreasonnable they told us to continue, as the more we dig in the more nasty thing we are revealing about her ( which to date i cannot mentioned now but will later on, some of which are really troubling to say the least !)

to come back on Her Allocation questionnaire it is a very funny read. on Part C she claimed that she has follow all pre action protocol and that has has served to us all document which we are still waiting! then below she mentioned that she does not have to follow any pre action protocol and will not do as it is not a claim based on possesion but on arrears and damages and it doesn't not applied to this case ,one of her witness is a locksmith who apparently acknowledge the state of the damage to the property to what expertise he can conclude that i do not know ? and again another dodgy witness which we can use to prove that she did entered illegally into our home without any court order and bailiff.

we come to realise that this woman is seriously deluded apparently the police confirm that her behaviour falls into hate crime

[MrShed]

She is struggling - nice to see her squirm!!

[phat256]

oh yes i am enjoying that for once the table has turn to our side trust me she hadn't expexting us reporting all incident to the police since january even though they did nothing i can show to the court that she is a bully !!!!! she kept goign that tyhefact we have no leg to stand on well we prove her wrong so far !

She keep saying that we have sureender voluntary the property weell oh she will explain that we have still have the door and letter box key and the acces gate card then ! sknow she is denyoing to have ever served us notice and shewas not aware of eviciton procedure even though the council warned her that if she ever changed lock without court order and bailiff she risk an heavy fine emprisonment and so on.. again the council had made a written statement for our bundle confirming that.
and ihave so much more to prove her deception and fraud ...

[phat256]

sorry i forgot to mention she expalined in her defenceto my part 20 claim that her father was acting as her agent. However there is no mention into the tenancy agreement that he was acting as her agent. i was wondering that under the housing and tenant act that if it was her agent it should have been put into the contract as such with his address .

the fact she hasn't done that can we argue that the contract was invalid ? and also the fact that she has used another name and shenever replie dto our request of landlord name and address , hen she is no legally liable to any rent ?

[MrShed]

No. It doesnt really matter that she never mentioned the agent. Also, if her name and address(AN address, not neccessarily her MAIN address) was on the tenancy agreement, then rent is payable.

[phat256]

hat is the things on the tenancy agreement no address of her is showing not even the agent as well only one of a solicitor .

when i went to see a TRO at the council they issued her a letter which formally requested her address to serve notice under section 48 of the housing act she has never responded back to it .... this was served by hand to her on a meeting in april police was involved as she was very abusive... i found her address from a police officer.

a copy of that leter was served to the solicitor mentioened in the tenancy they wanted to charge me 400 pounds to release such information this was said by the so called agent !! i said no .

the fathyer is to whom we signed the contract with at no point he did mentioned he was agent on behalf of his daughter whatsoever...

as she has not responded to it we were advised to stop paying rent by the council and shelter .. which we did then she changed the lock while i was away during a week end after she serve dus with a notice. from then i am living at a friend house.