Belongings stolen or withheld after EVICTION - Any Remedy?

[Sokoto]

We are already in Court and the hearing few days away. We need some urgent direction and ideas.

 

The Bailiff wrote that Eviction was due on 2 August. We tried to get the Eviction notice suspended but to no avail. When we got back home the landlord said the property has been handed over to them by the Bailiff. That the premises has been boarded all through and any attempt for us to try and get close will be a police case.

 

We kindly asked to collect out belongings same day as we quickly negotiated a storage facility and got Removan Vans to the premise but was not allowed that we must only come on appointment. After series of talking we were told to come back the following day 3 August to collect the belongings. The following day we were told our belongings were no longer in our "former" home and directed us to a dirty looking store. The problem is that more than half of our belongings were not there. We asked to be allowed to collect the rest from our former home as we believe that about half of the belongings must still be in the home. We were then escorted to the former home and when they open it we all found that about half of the belongings were still there. We were then ordered to leave and asked to write officially. We accepted and left to make the official request immediately since the Removan Vans were outside.

 

We were surprised when we were told all the belongings were already given to us. This could not be true as we weren't dreaming when we went into the home and saw about half of the items still in there. After series of plea we decided to go to court as they insisted they have given us all our belongings. The hearing is now a matter of days.

 

Are there any laws to protect us during the hearing as the landlord appeared to have instructed a firm of Solicitors and an experienced City Advocate. Are there specific way we could comport ourselves before the judge for us to be treated equally?

 

Thanks in lieu.

[rebel11]

Hi soko

 

This could be relevant, but you should clarify with CAB or Shelter.

 

Torts (Interference with Goods) Act 1977

 

http://www.legislation.gov.uk/ukpga/1977/32/contents

 

Look up - Cashmere v. Walsh, Downing and Veale – Central London County Court, 27 October 2009

[Sokoto]

Thank you rebel11. I was not able to check the case you referred from the web site www.bailii.org where most materials are stored.

 

The problem we face is to know what rights we have got. The Torts (Interference with Goods) Act 1977 appeared silent as to our specifiic case.

 

1) That is was the Landlord correct to remove our belongings without first informing us to collect it ourselves in the same flat we were evicted?

 

2) If they were right to remove it without informing us despite we were there with a van to collect our things ourselves after the locks have been changed and thewindows boarded on the same day, is there any law or case laws to help us regarding how the inventory should not be honoured for us to be there or Bailiff or Police officer?

 

3) Would be pleased for any further help?

 

4) Another somewhat question: Is there a law that any witness who gave a written witness statement of truth must attend the hearing?

[rebel11]

http://www.landlordlawblog.co.uk/2010/04/27/landlord-rights-over-tenants-possessions/