Need help for a defense form regarding my landlord court possession claim (after has tried unlawful evictions)

[MoonTop]

Hi all,

 

I have received an Eviction notice (notice requiring possession under Section 8 & 21 of Housing Act 1988) (in fact several during the last 6 months but they were wrong and a correct one just a month ago) from my landlord. In the letter I have two months notice to leave the property (deadline is 28 January 2012).

 

I have a one year Assured Shorthold Tenancy Agreement that will end on 29 December 2012, but I have not found another accommodation due to my sickness.

 

When I went to see a Citizen Advice Bureau, they have told me that it after the given deadline I still in the property the landlord could sent me to the court and I will have the opportunity to to give my point of view to the judge: the problem is that the landlord could mislead me or her representative (other tenant) could destroy the notification letter from the Court so I could not attempt the trial.

 

Also, I would like to know if I should send a form 244 to the court by today or if it is better to wait for the Eviction court hearing.

 

Thanks in advance for your help,

 

MoonTop

 

Ps : The landlord had tried to unlawfully evict me several times few months ago.

My rent payment is presently up to date but I had two weeks delay during the last 10 months due to the Housing Benefit payment delay.

Edited December 23, 2012 by MoonTop

[45002]

Can this post be moved to http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings

 

Where more people advise on AST...

Edited December 23, 2012 by 45002

[citizenB]

Have moved to repossessions - in view of the notice of eviction.

 

I wonder if it would be worth a call to Shelter - I have linked you to their website and hopefully the correct pages.

 

http://england.shelter.org.uk/get_advice

 

If you click on the link for eviction, there is a lot of helpful advice - meanwhile site team have been alerted to your thread.

[MoonTop]

Ok thanks. I will try to contact Shelter today.

[mariner51]

First, you have not received an Eviction Notice, only formal Notice that LL may SEEK a repo order AFTER expiry date of Notice. A LL cannot legally evict a T until such time this repo order is granted.

If AST states last day of fixed term is 29th Dec, then that is the last day you can leave without giving due Notice,

What date did your T commence?

If less than 2 months rent owing on date of hearing, then s8 g8 will fail, but Judge could award repo on g10, 11 if persistent late payer. Does LL receive rent direct from HB dept? Does HB cover all your rent?

s21 is 'no fault' and repo will be granted, but can be suspended for 14-42 days.

Given the pressure on Courts around New Year, it is unlikely your LL will get a hearing for 6-8wk after Notice expires, so you may be able to legally remain until Mar/Apr.

LLs do make mistakes on Notices, but this one seems to have learned from previous errors & is not trying to illegally evict you. If you wish to contest the Notice, you should provide the Court with any info that may assist you as soon as possible after receiving official notification of hearing from Court.

[MoonTop]

Hi all,

 

I am presently sick an I have an eviction notice which will end in february 2013. However, the landlord came in the property today with the other tenants and have changed the locks.

 

I was inside and presently I cannot go anywhere. I have called the police : they came and notice that the lock has been changed but they are saying it is "a civil matter". I have explained them that the landlord have not given me the keys for the new locks and also I may have to force the door when I will go out and come back : they said that I will be then doing a crime. However, when I have asked them if it is not a crime the landlord has done these police officers have just said "no, because he is the landlord".

 

Thanks in advance for your help,

 

MoonTop

Edited January 5, 2013 by MoonTop

[antone]

Let's try this in the Residential Lettings forum - it may get more responses.

[citizenB]

I think you need to contact Shelter they dont just deal with homeless situations and have a dedicated department for this type of problem.

 

http://england.shelter.org.uk/get_advice

 

Are you saying that he has changed the locks even though the Eviction Notice gives you until February to move out ?

 

Who issued the Notice - the Court ?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?376777-Do-I-have-to-fill-the-form-244-to-stop-repossession-notice-now

 

This was your original thread - I wonder if it would be worth merging the two so the full story is in one place. ?

[MoonTop]

http://www.consumeractiongroup.co.uk/forum/showthread.php?376777-Do-I-have-to-fill-the-form-244-to-stop-repossession-notice-now

 

This was your original thread - I wonder if it would be worth merging the two so the full story is in one place. ?

 

Yes, you could merge both but it should be good to keep the title of the present thread.

[stu007]

Hi

 

If this is a private let so to speak you can also contact the Private Landlords section of your Local Authority to ensure firstly they are registered and to report that the landlord has proceeded with an illegal eviction ( you dont want them classing you as intentionally homeless).

 

(Please check they are required to be registered with the Local Authority first as not all local authorites require this).

[antone]

Yes, you could merge both but it should be good to keep the title of the present thread.

 

OK, done with the most recent title kept.

[MoonTop]

I think you need to contact Shelter they dont just deal with homeless situations and have a dedicated department for this type of problem.

 

http://england.shelter.org.uk/get_advice

 

Are you saying that he has changed the locks even though the Eviction Notice gives you until February to move out ?

 

Who issued the Notice - the Court ?

Yes, he has changed the front door locks and was claiming my room keys: today was the end of the assured threshold tenancy agreement but the eviction notice deadline is 05 February 2013.

 

The landlord had previously gave me an eviction notice but with a wrong date and did a new one with the date above.

[45002]

Hi all,

 

I am presently sick an I have an eviction notice which will end in february 2013. However, the landlord came in the property today with the other tenants and have changed the locks.

 

I was inside and presently I cannot go anywhere. I have called the police : they came and notice that the lock has been changed but they are saying it is "a civil matter". I have explained them that the landlord have not given me the keys for the new locks and also I may have to force the door when I will go out and come back : they said that I will be then doing a crime. However, when I have asked them if it is not a crime the landlord has done these police officers have just said "no, because he is the landlord".

 

Thanks in advance for your help,

 

MoonTop

 

Yes, he has changed the front door locks and was claiming my room keys: today was the end of the assured threshold tenancy agreement but the eviction notice deadline is 05 February 2013.

 

The landlord had previously gave me an eviction notice but with a wrong date and did a new one with the date above.

 

MoonTop

 

Please can you confirm has there been any court action,have you had any letter/paper work at all from your local county court ?

If you go out and LL has changed the locks with NO court order, LL then refuses to let you back in, this will comes under

Protection from Eviction Act 1977

 

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

 

1(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.

Court bailiffs enforce eviction,not LL's

 

Police seams to think it's a civil matter and nothing to do with them at all....

 

1(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.

 

I would personal go to the nearest police station and insist on making a written statement to the police,they cannot refuse to take a statement from you and see what happens.

 

Monday you need to contact a "TRO" tenancy relation officer the contact details will come under Housing department of your local council and tell them you been locked out of your home.

 

Your can also contact a Solicitor with a view to getting a injunction against this arse hole landlord or sue for damages or both.

 

I would personal sue for damages and illegal eviction, would you want to go back and live somewhere you have been illegal evicted from !

Edited January 6, 2013 by 45002

[MoonTop]

Please can you confirm has there been any court action,have you had any letter/paper work at all from your local county court ?

If you go out and LL has changed the locks with NO court order, LL then refuses to let you back in, this will comes under

I have not received any paper from the court. At the main time, since the neighbor/tenant who is a relative of the landlord is permanently trying to destroy my mail (I got the eviction notice letter by chance when he was trying to take and requested after that everything by recorded delivery from the landlord but I have never received any paper from the court) : if the court had sent something then this neighbor had destroy it.

 

I would personal go to the nearest police station and insist on making a written statement to the police,they cannot refuse to take a statement from you and see what happens.

I am sick and inside the property: if I go out I could not come back in. I have done this before and all time they refused to give me a copy of my statement. Yesterday, i had made a complaint by phone against the police officer whom came in the property and said that everything was normal: the DUTY officer whom called me back just told me the same thing and said that it will take 21 working days before I can get a copy of my statement.

 

Monday you need to contact a "TRO" tenancy relation officer the contact details will come under Housing department of your local council and tell them you been locked out of your home.

They told me few month ago that they cannot get involved (when the landlord at the first time tried to unlawfuly evict me few months ago).

 

Your can also contact a Solicitor with a view to getting a injunction against this arse hole landlord or sue for damages or both.

I had called one whom gave advice regarding my housing issue : he has just told me that I have to submit a form 244 in goal to stop the eviction but for this purpose I have to go out...and I would prefer to try to do everything from my room.

[MoonTop]

I would personal sue for damages and illegal eviction, would you want to go back and live somewhere you have been illegal evicted from !

It is the third time they have tried to illegally evict me (far before the end of my tenancy agreement): during the last three months i was desperately trying to find another accommodation but it is difficult due to the fact that i am sick, under benefit and do not have in advance the one month rent + one month benefit all the estate agencies were claiming.

[MoonTop]

Hi,

 

can somebody please help with filling out form 244 and whatever else is needed to prevent my landlord unlawful eviction.

 

I would like to submit the 244 form online using CAGMail.

[kaz320]

Hi

 

You can download court form N244 from your computer, just type in court forms, you will also be exempt from paying court fees as you are on benefits. Once this form is sent to the court the judge can if he see fit suspend the eviction. If it comes to the worse once you have become homeless contact the local council and they have a duty of care during the winter to house you, albeit it will be a bed and breakfast.

[raydetinu]

Please contact shelter immediatel they will help with your LL and any court action; they are very good.

what he done is illegal and is a criminal offence under the prevention of eviction act.

[MoonTop]

Hi

 

You can download court form N244 from your computer, just type in court forms, you will also be exempt from paying court fees as you are on benefits.

It seems that I have to print the form and fill it. I have stopped my JSA claim last tuesday in goal to claim for ESA which still in process. My housing benefit has not been stopped but it is now on 'zero income' based (instead of JSA based).

 

Once this form is sent to the court the judge can if he see fit suspend the eviction.

Since I cannot go out, can I scan the filled form and send it to enquiries@lambeth.countycourt.gsi.gov.uk , e-filing@lambeth.countycourt.gsi.gov.uk , hearings@lambeth.countycourt.gsi.gov.uk and phone them back?

 

If it comes to the worse once you have become homeless contact the local council and they have a duty of care during the winter to house you, albeit it will be a bed and breakfast.

I hope it won't go so far because I know the council won't help (since presently they don't do their job regarding tenants harassment and I know DWP expect this to happen to me (their manager had even sent me an email saying something like 'see you on 5 january 2013' since i had informed them about my emergency). I heard several cases where DWP/Job Centre did not come to rescue people even sick, and as a result this is not an option: I will do everything by phone and internet (and also stay in my room for weeks if necessary). Edited January 6, 2013 by MoonTop

[raydetinu]

shelter will attend court with you or for you, please contact them.

[MoonTop]

shelter will attend court with you or for you, please contact them.

Thanks. I will do it tomorrow morning since Shelter is closed during the week end.

[45002]

I have not received any paper from the court. At the main time, since the neighbor/tenant who is a relative of the landlord is permanently trying to destroy my mail (I got the eviction notice letter by chance when he was trying to take and requested after that everything by recorded delivery from the landlord but I have never received any paper from the court) : if the court had sent something then this neighbor had destroy it.

 

 

So the case Has been to court,but you received No paper work due to your LL/neighbours destroying you mail which you only just told CAG,s about ! http://www.consumeractiongroup.co.uk/forum/showthread.php?377671-Unlawful-Eviction-today-Landlord-has-changed-the-locks&p=4095119&viewfull=1#post4095119

 

They told me few month ago that they cannot get involved (when the landlord at the first time tried to unlawful evict me few months ago).

 

So why did the "TRO" tenancy relation officer say they cannot get involved,if there has been previous allegation of harassment/unlawfully eviction made !

 

 

You need to ring the county court 1st thing on Monday and find out the exact date you have been ordered to leave by ?

Edited January 6, 2013 by 45002

[MoonTop]

So the case Has been to court,but you received No paper work due to your LL/neighbours destroying you mail which you only just told CAG,s about ! http://www.consumeractiongroup.co.uk/forum/showthread.php?377671-Unlawful-Eviction-today-Landlord-has-changed-the-locks&p=4095119&viewfull=1#post4095119

 

 

I really don't know that the case has been in court or not : but based to the way they are acting in the property they are feeling confident in what they they have done (laughing, and told me if change the lock i will go to jail, etc... + a police officer called me saying that it was because I was not paying my rent and they have an order from the court (i am not sure about this last part since he didn't confirm it)).

 

Since the neighbors (business partners of my landlord) were destroying my mails I had requested in response to the eviction notice letter that every further letter my landlord will send me (by his agent) to be by recorded delivery (but they could have destroyed the postman notification in goal that I cannot go to collect the letter). In the eviction notice letter (a month ago), they lied that I had 8 weeks rent arrears while at this date I had just two weeks arrears due to the Housing Benefit two weeks delay (I have a proof of it since rent was paid through my bank account online). Presently, the rent is up to date.

Edited January 6, 2013 by MoonTop

[citizenB]

Moontop, I will try and find someone to help you complete the N244. For all issues relating to your eviction, can you keep them on this thread, rather than starting new ones all the time

 

45002.. thread merged - thanks