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Illegal Eviction in AST / HMO.


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Hi. I will try to be brief and to the point.

 

I took an assured shorthold tennancy on in a house of multiple occupancy as a cost saving exercise.

 

The landlord told me there was 3 girls living in the house and upon viewing the house it seemed clean and livable.

 

Upon moving in I found out only 1 girl lived there. The next day a new tenant also moved in. Let's just say he was from a diffeent walk of life. His standard of living was well below mine, and he had no social etiquette or co-living skills. Leaving his dirty plates and pans for up to 6 days or more and leaving his dirty washing all over the kitchen floor.

 

I told the landlord and he basically said 'shut up and deal with it and work it out' not in them words but pretty much something like that.

 

The new tenant was using passive aggression and doing odd things as almost mind challenges, anyway I thought this is not my problem and that I did not have to deal with it and told the landlord I would be terminating the contract as a result of this pig of a man who he had placed in after me.

 

The landlord said there was no way I was getting out of the tenancy without a suitable reason (clearly he had not listened - but like all these cowboy traders money is his god).

 

We exchanged emails for a week and in one email I stated something like 'I will be leaving soon, he is not my problem and I am not required to teach him how to co-live with people'. I had not payed my rent which was due 24 hours ago as I was not happy with the house and my plan was to get him to use the bond as months rent and any days left into the month that I would not be there.

 

Saturday at 4pm I get an email to tell me that all locks have been changed amd that 'if you want to recover your chattels then please call during office hours to pay the rent owed and a £100 late payment fine'... This guy is really on a high horse. The email was sent at 10am.

 

At this stage my rent was overdue by one day.

 

The email does not mention anything about the tenant I had to live with, it states that as rent is overdue by 1 day 'property has been siezed and will be removed in 7 days if rent not paid with fine'.

 

I was told by a friend to call the police before breaking in. None of the other tenants were in after repeated knocks (at least they did not answer). I got back to the house and caalled the police, they informed me that the landlord had in fact broken the 1977 Protection from Eviction Act Section 1. And that I had every legal right to break and enter and get my property. The bathroom window was open and I was able to get into the house but had to break down my bedroom door, a PCO turned up 30 mins later and helped me with my belongings into my vehicle (a good van load).

 

After the van was loaded I drove for 2 mins and pulled up and it hit me I was not technically homeless.

 

The law states that if you live in a AST in a HMO a landlord is required to give you 2 months notice, then he can start court proceedings, and after that apply for a bailiff to attend and remove property.

 

This cowboy trader didn't even give me 1 hours notice.

 

There was a note on the window that said 'if you want to regain your chattels (property) you must call during office hours to pay rent owed and fine. (I mean who even uses the word chattles these days).

 

Did he expect me to walk the streets with just a thin coat and shorts on till Tuesday morning (it was bank holiday and it was also Saturday 5pm).

 

I managed after 2 hours to find place to stay, I was at this point very hungry and fatigued.

 

I have since been staying on sofas, my belongings are all over place stored and I am starting to get painful back and so on. As well as the emotional distress and so on! I am a tough shell and won't even admit to myself when times are bad but my plan is to take this sucker down.

 

I have been to Citizen Advice who were pretty useless, a housing association who were pretty useless, local council who were pretty useless... The only luck I am having is with a solicitor who I am seeing this week, who see to think I have a strong case.

 

The charity Shelter were useful, they gave me a lot of sound advice on the steps to take, such as sending a 'letter before action', seeking out solicitors or no win no fee, local council / organization numbers (of which none worked).

 

I have done a lot of resarch and know quite a lot, such as this rouge landlord is liable to be paying between £100 to £300 a day for every day I am technically homeless or out of the house I was evicted from, plus all sorts of other compensation costs like misuse of bond (not putting it into a deposit protection service (bond and upto 1 to 3 times bond back) plus aggrevated damages.

 

I am seeing solicitors this week who will hopefully take my case on.

 

Because with my paper tenancy agreement and the email sent 32 days later, these two documents are proof that he has broken the law and illegally evicted me.

 

What are people's thoughts here?

 

I am still sleeping around at friends, my work / life mix is strained and my relationship with my girl is also tough as we can't spend time together as much!

 

Please let me know your thoughts.

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What type AST was granted? joint T or room only + shared facilities?

What date did AST commence & for what fixed term?

What date did you move out?

 

 

Despite the Police opinion, I am having difficulty finding you have a case for illegal eviction-

 

 

1 you told your LL you would be vacating (at end of rental period?)

2 You stopped paying rent when due

3 LL accepted your implied surrender and changed the locks

4 at not time did he serve valid s8/s21

5 You voluntarily vacated the T before locks were changed

You may have a case, but I would not count my chickens.

Is you agreeing Solicitor a qualified professional in this area of Law?

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