Was I illegally evicted?

[MrShed]

How much have you claimed for?

 

Did you speak to local council yet?

[goonerbst]

It equates to £8895.70 this is inclusive of £3000 punitive damages if the court sees fit. I suppose I could have claimed more and will make that apparent in court when allowed to speak but just want what is owed really.

 

Yes reported to the local council and the Metropolitan Police.

 

She has not contacted me either in the 7 days to settle but all 3 letters received as per royal mail track and trace and email opened via read receipt.

[MrShed]

This will not go to small claims track as the value is too high.

 

One thing you NEED to be aware of,as it will not go to SC - you COULD be held liable for legal fees of the defending party if you lose the case.

 

I personally consider it to be unlikely you will lose - but I am not a lawyer.

 

At this stage, I would strongly recommend that you consult with a solicitor on a chargeable basis (you do not need to retain them for the entire case) and get their input. A brief consultation should not be prohibitive in cost.

 

PainSmith solicitors are the best in the field, and it may be worth consulting with them.

[goonerbst]

Thanks as always mate, I assume it will be fast track then? How long for the court date? I am unable to afford a solicitor at the moment but will contact them this afternoon.

[MrShed]

Yeh mate suspect itll be fast track.

 

I would try and get at least some basic legal advice if possible.

 

I would hate for you to go to court and lose - its not such an issue for small claims, but for anything else it can be a concern.

[goonerbst]

Yeh mate suspect itll be fast track.

 

I would try and get at least some basic legal advice if possible.

 

I would hate for you to go to court and lose - its not such an issue for small claims, but for anything else it can be a concern.

Well she has just contacted me Mr Shed, can I PM you the email? Dont want to put it on here incase she searches google

[MrShed]

Please do.

[bedlington83]

Can one of you post up the gist of what she's saying in the e-mail so that those of us that are following this can keep up?

[goonerbst]

Can one of you post up the gist of what she's saying in the e-mail so that those of us that are following this can keep up?

Basically says she has been overseas and just got all my emails and letters. Says as I have lodged my case yesterday she will consult her lawyer and assumes the name of my lawyer is in the lodged application. I assume she is trying to see whether I am represetned or not which I am going to be.

 

I have replied back stating that as she has been away I will give her a further few days to speak to her lawyer and if she wishes to look at a settlement I will consider it. In the interests of not wasting mine or the courts time

[bedlington83]

Thanks, although "it's just a holding letter while she sees a solicitor" would've done just as well

[goonerbst]

Thanks, although "it's just a holding letter while she sees a solicitor" would've done just as well

In what way a holding letter, I have notified her that I have lodged my claim so she can see a solitcitor at any time one would assume? Would you not think it was more her trying to ascertain if I was legally represented?

[bedlington83]

You may be right but the way I read it is she's realised that she may have a problem and will give you a formal response when she's taken advice, no more than that. Whatever her tactics are you have an extremely strong case so I wouldn't worry about it (if you are) and just wait for her next move. What this is will depend on the solicitor that she consults

[goonerbst]

I suppose I shall see what she has to say today.

[goonerbst]

I think I may have made a bit of a boo boo on the Claim form I submitted. I requested that I be compensated under S27 of the housing act for the compensation of damage all done as a result of being made homeless and everything surrounding it. I am not sure now if I have quote the correct section and relative act of law.

 

Can anyone tell me what I should be quoting to depict conpensation for the harrasment and unlawful eviction? The punitive damages is what I am alluding to.

 

Thanks all.

[MrShed]

As long as it is the HA 1988 you have quoted, I think you are probably right actually.

[goonerbst]

As long as it is the HA 1988 you have quoted, I think you are probably right actually.

Yes it is section 27 of the Housing Act 1988. Seems reading it again though that this is only applicable to people selling the house when evicting someone? I see a provision in s28 but an very very unsure now.

 

I do not want to lose any compensation that may be due to me because of an oversight on my part.

[goonerbst]

Anyone confirm the above?

[goonerbst]

UPDATE

 

The papers took some time to go through due to them clarifying my remission status

 

Papers deemed served tomorrow and she has until the 29th to respond.

 

Quick questions,

 

Can she submit a defence of damage to property and therefore that is the reason for terminating tenancy?

 

Did the judge read my papers and make sure they are correct before she was served? and then they get sent to her for response?

 

When she responds as I know she will does the judge read the papers then and deem that she has no appropriate defence?

 

Thanks as always.

[xoAmyox]

UPDATE

 

The papers took some time to go through due to them clarifying my remission status

 

Papers deemed served tomorrow and she has until the 29th to respond.

 

Quick questions,

 

Can she submit a defence of damage to property and therefore that is the reason for terminating tenancy?

 

Did the judge read my papers and make sure they are correct before she was served? and then they get sent to her for response?

 

When she responds as I know she will does the judge read the papers then and deem that she has no appropriate defence?

 

Thanks as always.

 

She can submit any defence she wants, but if its not legal it doesnt count for toffee.

 

If damage is her defense, then as far as I'm aware it is a seperate issue to yours and there may be a counter-claim but it can never change the outcome of the judges decision on this issue alone. However, it could in the grand scheme of things affect the money involved, a successful counter claim could be 'offset' against what you may be awarded.

[goonerbst]

She can submit any defence she wants, but if its not legal it doesnt count for toffee.

 

If damage is her defense, then as far as I'm aware it is a seperate issue to yours and there may be a counter-claim but it can never change the outcome of the judges decision on this issue alone. However, it could in the grand scheme of things affect the money involved, a successful counter claim could be 'offset' against what you may be awarded.

Thanks Amy, I suppose what I am saying is will the judge read it and merely state that this is not a defence to the claim I am making? IE:

 

Reclaiming Deposit x 3 - A Damages defence is not a defence to this?

Illegal Eviction - A Damages defence is not a defence either?

 

If this is the case does he have to set a trial date?

 

Other than this I am aware she is going to make a counter claim for damage as that was the track she was trying to do before I brought the court claim up. I cannot see this holding up as there was no exit inventory and I refute all allegations here. Therefore I cannot see anything being granted therefore not offset, although I know a possibility.

 

If she does try and use this as a defence would she be directed to lodge her own claim or can she counter claim now?

 

Thx ;-)

[xoAmyox]

Thanks Amy, I suppose what I am saying is will the judge read it and merely state that this is not a defence to the claim I am making? IE:

 

Reclaiming Deposit x 3 - A Damages defence is not a defence to this?

Illegal Eviction - A Damages defence is not a defence either?

 

If this is the case does he have to set a trial date?

 

Other than this I am aware she is going to make a counter claim for damage as that was the track she was trying to do before I brought the court claim up. I cannot see this holding up as there was no exit inventory and I refute all allegations here. Therefore I cannot see anything being granted therefore not offset, although I know a possibility.

 

If she does try and use this as a defence would she be directed to lodge her own claim or can she counter claim now?

 

Thx ;-)

 

As far as I know, the court will make the decision whether she is able to counterclaim, if so they will also decide if the issue will be ruled upon alongside the issues you are claiming for, or if it should be issued as a completely seperate claim.

In terms of the deposit side of things, i've heard of cases where damages are ruled upon at the same time, and also of cases where judges feel that damages cannot be claimed for at all due to the nature of the deposit rules.

In terms of the illegal eviction, I believe the opinion of the judge will weigh heavily here too. However, in a strictly legal sense I fail to see how it can be an appropriate defense as there are many a procedures available to a landlord who believes a tenant has damaged the property.

There again, this is my opinion and judges are all individuals as well.

I do sincerely hope that you reach a successful outcome, and I'm grateful that you are keeping us updated

[goonerbst]

Many thanks Amy for your input. She did state ion our last communication that she will leave it to her lawyers when papers submitted. Therefore I would assume any solicitor worth his salt looking at the facts and my claim would probably direct her to make me an offer of sorts as she has no defence to anything really. I think this should be merely a case for her to settle out of court or for me to let the court decide accordingly. As with anything in life I know anything can happen and am not banking on this.

 

Will continuously update, for both those that have given their time to help and also for others who may search google or here who may find themselves in the same sort of situtaion.

[MrShed]

If she uses damage to claim that you were in breach of your tenancy, this is irrelevant.

 

She could have potentially took possession of the property due to this, but ONLY AFTER applying to the court under Section 8 of the Housing Act and having a possession order issued by the court.

[Nightmare4banks]

Hi All!

 

Goonerbst,

 

Please note:

 

1.I can confirm that Section 27 of The Housing Act 1988 is the correct section for claiming damages for unlawful eviction.

 

2.The level of damages is calculated with reference to Section 28 of the same act.

 

Anyway,I hope this helps.

 

Keep us posted.

 

All the best!

[goonerbst]

*******UPDATE*******

 

Not much of one but she has filed a acknowledgment of service. I see this gives her 28days from Service? I assume that this is from the date of when served papers?

 

Also the court stated that there are no solicitor details attached to the record so she seems to be representing herself unless she is using the time to seek legal representation?