Illegal eviction question

[Ferru123]

I was recently illegally evicted from my landlord, with immediate effect.

 

He's refusing to give me my deposit back or my unspent rent.

 

Assuming I can prove in the small claims court that I was illegally evicted, can I sue him not only for the above, but also for the distress he caused?

 

Thanks,

 

Jeff

[tezza1234]

How long was you in the property for, did you have a contract, what type of tennancy was it, did you get any notice, what reason did LL give.

[SabreSheep]

If it was a truly illegal eviction that is a criminal offense.

[mariner51]

What type of Tenancy did you have?

Did LL live in same building?

Why do you think LL 'illegally evicted' you?

Did you do anything ro warrant summary eviction?

Sounds like you may have been a lodger, not a Tenant,

[Ferru123]

If it was a truly illegal eviction that is a criminal offense.

 

Yes, it was and it is, although I don't know yet if I'm going to get the police involved.Jeff

[Ferru123]

What type of Tenancy did you have?

I don't know. Hopefully my tenancy agreement will still be in my old room when I go back next week to collect the rest of my stuff.Did LL live in same building?

Yes.Why do you think LL 'illegally evicted' you?

There's no think about it - he did. :)He originally threatened to change the locks and throw my stuff out. When I phoned the police and they confirmed that would be illegal, he downgraded his response to merely threatening to make my life hell if I stayed.Did you do anything ro warrant summary eviction?

 

 

No. I told him that my last rent would come out of my deposit, which was a bit cheeky, but not deserving of such a response.Sounds like you may have been a lodger, not a Tenant,

I had a tenancy agreement and was paying him monthly rent, so I'd say I was a tenant.Jeff

[SabreSheep]

did the LL live in the same property?

 

Why do you think it was an illegal eviction?

[SabreSheep]

ok you answered above while I was typing.

 

On the face of it, with the LL living in the property you would be an excluded occupier

 

You would now have an uphill struggle to prove that you had a tenancy and not a lodging agreement.

 

You will need to look to see of your agreement grants things that make it a de facto tenancy.

 

If you upload your agreement (Remove all personal details) people may be able to help you

 

http://www.spareroom.co.uk/content/info-flatsharing/rights-for-renters-for-tenants-and-lodgers

Edited November 29, 2015 by SabreSheep
link added