possible illegal eviction ?

phat256 · 28th June 2008, 15:49

My ex-landlord calim to have served us a section 8 and 21 on the 24 th of May and took over the property on the 27th later on while we were moving out.

5 days later she got me3 arrested for aparently steling items tha she had threw away ( i have proof of this text message of her confirming such action and the council removing the item) plus receit confirming this were ours. anyway the charge are being dropped.

we couldn't get our rest of the items left as she has changed the lock while we were out . so we couldn;r take away our last item, cleanm the flat befoer we left and left the key at the property.

i was just wondering if it is an illegal eviction ?

MrShed · 29th June 2008, 08:40

IMO yes.

Are you saying the notice was served on 24th of May and you were evicted on the 27th of MAY? Nowhere near enough notice period.

phat256 · 29th June 2008, 10:14

yes that 's right we were served with a notice to quit ( one month) from our ex-lanldady / landlord the 24th of may and she took possesion on the 27th of May thinking that we have abondonned the property.

she caliemd to have serve noptice but we never received any paper we discoverer that when she made a claim for rent arrears.

however we had still the key of the property in our possesion as we had some of items left there such as a computer, furniture . we couldn't get access as she has ethe lock and put some new tenant already in. we couldn;t also wrote to her as we didn't/don't have any address for her.

to date she has completelyt ignored our request to calim back our items and she had the cheek to make some allegation that i have stole soem items......

moreove, during this month we were about to rent anonther place and we inform her (by text message) that we were about to move out this month ... does is still count as an illegal eviction even though we were about to move out?

Conniff · 29th June 2008, 10:45

So is she claiming that she served proper notice and waited for that notice to expire before she took possession?

MrShed · 29th June 2008, 12:25

No Conniff - she is claiming the OP abandoned the property.

Conniff · 29th June 2008, 12:35

So she served notice, but didn't wait for that notice period to end before taking possession, so she is in breach of the regulations.

It also says "she served notice on the 24th but no papers were received" so how do the op know that notice was served.

Why would she believe that it was abandoned when there was property still belonging to the tenants in there and why has she let herself in without making an appointment.

Sorry, but the posting is a bit mixed up.

phat256 · 29th June 2008, 12:38

she didn't actually claimed as per se tht we have abaondonned the property . when i received her POC she said that she had witness to sprove that she had served with an evcition notice on the 24th may ... then 3 days later she entered the property then 5 days alter she went to the polcie claiming that i have stolen some items.... however what she had failed to mentioned that she is withholding our belonging or more per se i am pretty sure that she threw it away....

she has never waited that the notice has expeired to take possesion of the property she just served it then went ahead . at the time we were trying to move out but there is quite a lot furniture left behind and we couldn't clean th eproeprty before leaving as she has changed...

she is claiming that i send her a text message saying that i have premanently moved out .

phat256 · 29th June 2008, 12:43

sorry conniff i was shown the notice of evcition with the cout paper at the middle of this month.

we had received two week agos a claim form and a POC from her saying that she had served notice on us on the 24th of May then caliming that she took possesion of the property on the 27 th of may.

then 5 days later she claimed that we have stolen some items which belong to us and are shown in the inventory as ours and have the original receipt to confirm it. so she si stuffed with this claim.

beforehand i have never received anything so i put her to prove that she did actually served personnaly this paper, she claimed to have witnesses.

we have had so many issue with her in the past ... i am trying to get som of my belongigns back but it is difficult when u don't know her real name and address.

Conniff · 29th June 2008, 12:44

Going by the above post phat am I right in assuming that English is not your first language?

If so -

Quote:

moreove, during this month we were about to rent anonther place and we inform her (by text message) that we were about to move out this month

- could it be that you didn't make it clear that you were 'moving' as aposed to 'moved'?

phat256 · 29th June 2008, 12:57

yes english is not my first english so please bare with me lol

she was harassing us since january we have all proof al police crime refenrece and so on ......

she was aware that we wanted to move out as our Tenancy Relation Officer told he that her action were intimidatory harasing and quite franklly illegal ( she threaten us before of changing our lock while will be out i have proof of this also) police got involved so many times with her. it is a really long story.
she mad eit clear that she will issue notice of eviction in mAy as she wanted us out as "she didn't want our type " so fien and well we arranged everything when we tried to reenter to take our final belongign we realised that our key wasn't fitting and as such the lock must have been changed. she has also tampered with our mail etc...

phat256 · 29th June 2008, 12:59

she requested also to meet me at my work place to discuss the checking out to which ihave refused knowing her aggressive behaviour ....

she is also claiming in her POC that we didn;t pay her rent that month so as such she is intentiaonlly declaring that we had still an interest in this property ?

the council told us to stop paying her any rent until she declared her name and address under 47-48 of the ladnlord act 1987 she was made also aware of that by the council ....

Conniff · 29th June 2008, 13:02

I believe you started another thread on this so it is becoming a bit confusing.

Please stick to the one thread on the same subject.

Conniff · 29th June 2008, 13:29

This seems to be going around in a big circle without a goal phat.

What exactly do you want from the landlady?

phat256 · 29th June 2008, 18:05

i appreciate your comment conniff but what do uthink i want from the ex-landlady ? well guess what peace and quiet.

we though that by moving out everytign will be quiet and fine and guess what ? no it is not. she is calling me everyday at work. she has been told off by the police but she doesn't care. she thinks the law doesn't applied to her.

we have moved out and she is still harassing us , making false allegations and well she is refusing to give us back our belonging all because , and i quote her word "she doesn't like our type of people " andafer all she "can do what she want".

what i was asking today was just a clarification on one issue for my defence, there is quite a lot of technical jargon being used which i am not too sure too to understand. my defence is already done but i just want some clarification ....

and you are right the action of my ex landlady has no goal she is just fishing hoping we will get done for something it is the third time we had to face some false allegations and we hope this one wil be the last one. the other two were thrown out.

Conniff · 29th June 2008, 18:26

Then get an injunction from the courts, it is the only way.

Fill this in and send to your local court.

http://www.hmcourts-service.gov.uk/c...s/fp3_1205.pdf

Make a list of all she owes and issue a small claims summons as well.

phat256 · 29th June 2008, 19:04

thank you conniff will do that .

phat256 · 29th June 2008, 19:08

sorry can i apply for this injunction myself or do i need someelse to do it ?

caledfwlch · 29th June 2008, 20:25

Phat, I strongly advise you to visit the CAB, and discuss with a fluent english speaking friend all your issues and take them with you, or maybe get them to write out all the issues for you, and then post them on the board. But seriously, go to CAB, or possibly more usefully, speak to one any (if there are some in your area) charities/organisations that help migrants/immigrants, they at the very least could help you with the CAB, by maybe sending someone who speaks your language to ensure that your problems are detailed properly, it would be dreadful if you loose out simply because you are having trouble explaining things, they may also have their own legal advisors who would help you to start sorting this out.

As I understand it the issues are:

The Landlord has carried out an illegal eviction (experts, surely 5 days is not long enough to be sure of abandonment of property???) 5 days after issuing a section 21, or something purporting to be such.

The Landlord has stolen goods belonging to the poster, and is refusing to return them

the Landlord is harrassing and attempting to intimidate the poster,

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