landlord help of eviction

[antonia26]

Hi i.ve a friend in the street who unfortunatly was in a domestic violence relationship and due to this lost her kids cause of social services.

 

Her ex recently smashed her window just after the kids was put under special guardianship theres been no contact with each other for nearly a year but wanted to get her back. Police can.t do nothing they said . Landlord wanted her to pay for window shes on esa can.t afford it but also shelter as said its landlord responsability to fix it .

 

Her discrepinary payment as not gone through so behind on rent 320 she owes. So now.landlord wants her out. The house is nothing special its cheap cause of needing updating badly the excuse for eviction is shes selling house . But we found out a wk before that its cause they have another tenant for it the landlord as told all her family about it they.ve been back and fore there pestering her the landlords daughter and grandson as they all live local.

 

They.ve told all the neighbours in the street shes thrown her out and got someone else for it. 2 toilets broke in there over flowed been blocking up since moved in the upstairs was wires inside very old toilet and one morning got up it flooded through the ceiling .

 

I.ve tried helping her out and had a go and her landlord as the girl is only 21. They have talked to the tenant like **** saying she broke toilet on purpose to claim compensation shes complained for 2 years about them. Window been broke for about 6 wks very dangerous and still not fixed.

 

Shes given her 1 moths notice which is up nexk wk she has no where to go even though short term tenancy is this all allowed also never put deposit in the scheme and said shes not having it back.

 

Sure to god she can.t be slagging her off to neighbours and telling everyone what shes done evicting her even her family have told other people ao wondering if there is a way she can take her to court over the eviction and insults shes told about her i.m discusted how a landlord can act this way

Edited July 12, 2015 by citizenB
formatting

[citizenB]

I see you have already spoken to Shelter, what do they have to say about this ?

 

Has your friend spoken to anyone at the Local Housing Authority ?

[antonia26]

I see you have already spoken to Shelter, what do they have to say about this ?

 

Has your friend spoken to anyone at the Local Housing Authority ?

only spoke to shelter about window so not seen them yet went and seen citizen advice but not much help shelter in our area only open certain days and times this friend as depression badly and trying to get her up to go is not easy shes promised she will go tomorrow. Was wondering if she can go telling people this

[i hate bailiffs]

I would contact the local council about the living conditions

They can and will take enforcement action against the landlord

 

Need to contact the

Local housing authority tomorrow

[stu007]

Hi antonia26

 

I am going to move your thread to our Residential Lettings area as I feel you may get more advice there.

 

I will leave a short redirect so you can find your thread

 

Its administrative so nothing for you to do.

 

To assist those could you provide some more information:

 

1. What type of Tenancy Agreement do they have?

 

2. When did the Tenancy Start?

 

3. Did they pay a Deposit (is it protected in a Tenancy Deposit Scheme (TDS))? https://www.gov.uk/tenancy-deposit-protection/overview

 

4. Was there a Move In Inventory taken?

 

5. Exactly what Notice to Quit was given?

 

6. Have they kept a record of all the repairs report and still outstanding?

[antonia26]

Hi antonia26

 

I am going to move your thread to our Residential Lettings area as I feel you may get more advice there.

 

I will leave a short redirect so you can find your thread

 

Its administrative so nothing for you to do.

 

To assist those could you provide some more information:

 

1. What type of Tenancy Agreement do they have?

 

2. When did the Tenancy Start?

 

3. Did they pay a Deposit (is it protected in a Tenancy Deposit Scheme (TDS))? https://www.gov.uk/tenancy-deposit-protection/overview

 

4. Was there a Move In Inventory taken?

 

5. Exactly what Notice to Quit was given?

 

6. Have they kept a record of all the repairs report and still outstanding?

 

Hi its shorthold tenancy the eviction notice said just a few lines stating they are selling house so out in 4 wks. Butbinfact its cause they got another tenant.

 

Nothing in the house was thiers matter of fact kitchen was falling apart and a friend gave her one to replace it. Landlord bought new doors but took them only 2 was ever fitted by her father 1 door was broken cause the handle was broke and couldn.t always open it kids got locked in frint room ao door was kicked in the was screaming so had no choice only frame beoke but was easy to repair.

 

Upstairs toilet broke since moved in amd downstairs constantly leaked flush hardly worked this resulted in massive water bill over 3000 for 2 years. The landlord neverbonce had boiler checked either she refused to do it. .

 

Today while she was getting dressed after having bath for her kids birthday party the landlord partner walked in as eviction was today and chucked her out . Police was called by both partys and the threatened to arrested the women for breach of peace the man was allowed to stay there. I told them it was a unlawful eviction all police said was its a civil matter we.re here for breech of peace they would not allow her to stay there and removed her from premises told her to seek help monday.

 

Shelter had already said police would help its a criminal offenece to remove her from there without court order but they allowed it her tablets are all in there as she suffers depression the police officer pushed me out of the property cause i called that man a **** he had no right entering a property when a girl of 21 was dressing thats discusting we don.t know how he got in key was in door and it was locked in front of door key was broken in there so he must of broke in .

 

What legal action can be taken now all her things are there i.m discusted the way police have handled this. They didn.t pay into the depostit tenancy either which is against the law now.tenancy started 1st april 2013

Edited July 18, 2015 by honeybee13
Language.

[i hate bailiffs]

Sounds terrible and unlawful

Not the correct procedure for eviction by along way

What arrangements have they offered in regards to property still inside

It is a shame the police failed to act in correct manner

 

What did local council have to say did she ever get in contact

[antonia26]

Sounds terrible and unlawful

Not the correct procedure for eviction by along way

What arrangements have they offered in regards to property still inside

It is a shame the police failed to act in correct manner

 

What did local council have to say did she ever get in contact

only got in contact with shelter all they said was its a invalid eviction they can.t remove her it has to be done through right channels police was a waste of space i.m.made a formal complaint against them . Honest to god they know u can.t remove anyone with out a court order but they was going to arrest her for breech of peace she done nothing wrong he was there unlawful aswell as not his house they not married and its is girlfriends she wouldn.t even come there lucky 37wks pregnant or not i.d of hit her. Even the police officer pushed me out of the house they didn.t have a clue all we got was its a civil matter. Well i.ll civil them i.ve contact the head of police and now contacting the news paper to see if anyone will take the story on

[mariner51]

Antonia, your thread is hard to follow mainly because of too many she's, so please clarify using T for female tenant.LL. LL for female LL & LLs b/f or Ts ex partner as appropriate.

On 14th you were advised to get T (friend) to contact Council's private res housing officer. Did she/you contact him?

It appears LL did follow correct procedures for legal repoe. If he served s21 then 1 month is insuff (min 2 mo) and invalid if deposit not protected in time. LL cannot take further recovery action (ie bailiff eviction without Court Repo Order, unless T vacates voluntarily. Also poss counterclaim for harassment/coercion against LL. due to partner's subs action.

Both sides called Police and rightly IMO defused a pot breach of the peace, but 'illegal eviction' allegation is still a 'civil dispute' until decided by a Judge.

Moving back, LL has duty to repair but can require T to pay cost of repair. T then reclaim cost of repair from perp.

Did T report broken window to Police at time and obtain a Crime Ref No?

 

Letting/renting is like a game of snakes & ladders IMO, both sides need to know the Rules.

[antonia26]

Antonia, your thread is hard to follow mainly because of too many she's, so please clarify using T for female tenant.LL. LL for female LL & LLs b/f or Ts ex partner as appropriate.

On 14th you were advised to get T (friend) to contact Council's private res housing officer. Did she/you contact him?

It appears LL did follow correct procedures for legal repoe. If he served s21 then 1 month is insuff (min 2 mo) and invalid if deposit not protected in time. LL cannot take further recovery action (ie bailiff eviction without Court Repo Order, unless T vacates voluntarily. Also poss counterclaim for harassment/coercion against LL. due to partner's subs action.

Both sides called Police and rightly IMO defused a pot breach of the peace, but 'illegal eviction' allegation is still a 'civil dispute' until decided by a Judge.

Moving back, LL has duty to repair but can require T to pay cost of repair. T then reclaim cost of repair from perp.

Did T report broken window to Police at time and obtain a Crime Ref No?

 

Letting/renting is like a game of snakes & ladders IMO, both sides need to know the Rules.

Hi t reported the broken window as soon as she was told about it t had a friend who told her it was the ex who done it which makes no difference shelter said cause he was ex for over a year landlord is responsable for the damage. T. Has been illegally evicted from property by the police and not even the landlord we are now looking at taking this to court for compensation and to see if we can get the landlord done aswell. Compensation for property bond illegal eviction and compo for them telling everyone about all this over last few wks its not what a landlord should do. The landlord is not fit to be one ll also did not put in a section 22 or anything it just stated that they want to sell house that was it. Its why shelter said its not a valid eviction and also shes been there over 2 years shes entitled to 2 mths notice

[ericsbrother]

she will ahve to take the matter to the police complaints authority and that will take a long time. In the meanwhile see if the local CAB has a pro bono solicitor or perhaps Shelter have one on their books, many do.

[antonia26]

she will ahve to take the matter to the police complaints authority and that will take a long time. In the meanwhile see if the local CAB has a pro bono solicitor or perhaps Shelter have one on their books, many do.

hi found out today that the police helped the landlord partner commit a criminal offence they kept saying it was a civil matter but infact it was a criminal act as not only did the landlord partner have no rights to be there but he broke in and and the police done nothing and helped him to perform a illegal eviction. We seeked some advice today from a friend who is a solicitor and the police can be taken to court and payout compensation and so will the landlord aswell everything was illegal i.ve got all the information to take to shelter tomorrow what police have done wrong we was told shelter looks down on illegal evictions and will also help take this to court she should be entitled to legal aid as it was a criminal act by both police and landlord they also said could be nice payout from police and landlord takes time but we have the evidence and grounds . All she wanted was a legal eviction nothing about a house could of been done until that happened as it wasn.t valid but telling us that police would help her not landlord was total bull. Police didn.t have a clue i knew more than them. But police know i can not remove anyone unless a court order and baliffs

[SabreSheep]

Well the failure to protect deposit = a 3x deposit value added to part of the claim for a start

[45002]

hi found out today that the police helped the landlord partner commit a criminal offence they kept saying it was a civil matter but infact it was a criminal act as not only did the landlord partner have no rights to be there but he broke in and and the police done nothing and helped him to perform a illegal eviction.

 

We seeked some advice today from a friend who is a solicitor and the police can be taken to court and payout compensation and so will the landlord aswell everything was illegal i.ve got all the information to take to shelter tomorrow what police have done wrong we was told shelter looks down on illegal evictions and will also help take this to court she should be entitled to legal aid as it was a criminal act by both police and landlord they also said could be nice payout from police and landlord takes time but we have the evidence and grounds .

 

All she wanted was a legal eviction nothing about a house could of been done until that happened as it wasn.t valid but telling us that police would help her not landlord was total bull. Police didn.t have a clue i knew more than them. But police know i can not remove anyone unless a court order and baliffs

 

Hello antonia26

 

Assuming this is in England and Wales (very slimmer laws apply in Scotland and Northern Ireland)

 

It's is indeed a criminal offence to evict a tenant with out a court order

 

Protection from Eviction Act 1977

 

http://www.legislation.gov.uk/ukpga/1977/43

 

Part I Unlawful Eviction and Harassment

 

(1) In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.

 

(2) If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.

(3A)

 

(4)

 

A person guilty of an offence under this section shall be liable—

 

(a) on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both;

 

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

(a) is at the Magistrate court.

 

(b) is at the Crown court.

 

Plus a tenant can sue a LL for damages via the civil courts http://www.legislation.gov.uk/ukpga/1988/50/part/I/chapter/IV

 

1988 Housing act, 50, 1, IV, Section 27

 

(1)

 

This section applies if, at any time after 9th June 1988, a landlord (in this section referred to as “the landlord in default”) or any person acting on behalf of the landlord in default unlawfully deprives the residential occupier of any premises of his occupation of the whole or part of the premises

.

 

If the OP is saying the police helped with the Illegal Eviction, there is case law on this where police where sued for damages

 

Naughton v. Whittle and Chief Constable of Greater Manchester Police at Manchester County Court

 

http://www.landlordlawblog.co.uk/2010/07/21/unlawful-eviction-case-%E2%80%93-the-police-finally-brought-to-account/

 

antonia26, See a Solicitor ASAP ....