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

[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

[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

[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

[45002]

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

 

NO

 

I didn't say move it again to here,I said here

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings

 

More people with knowledge of AST post there away (rant other)

------------------------------------------------------------------------------------

I really don't know that the case has been in court or not :

 

Moon Top

 

You need to phone the County court 1st thing on Monday morning and find out if a possession order has been granted and what date you have been ordered to leave by ?

Until you can find out this from county court it's pointless filling any forms out

 

If this is eviction for 8 weeks or more rent arrears,a possession order is mandatory.

 

You do realizes with a AST eviction can only be delayed by a matter of weeks and cannot be permanently stopped...

 

Sorry to be Blunt,but you do need really to start finding somewhere else to live ASAP.

Edited January 6, 2013 by 45002

[45002]

45002 probably has more knowledge/experience than I do , so I really cant say. .

 

My knowledge of AST is limted,but

 

the eviction notice end on 05 February not 05 January.

 

Could be the date on s21 LL served on tenant ?

 

 

I understand...It is only that I totally disagree with '45002' (I have called two differents 24h legal advice yesterday and both have told me the form N244 is the first thing I have to submit (unfortunately they were no able to help me further because I don't live in their borough).

 

And write what Exactly on a N244 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

 

And sent it to which county court !

 

 

Moon Top

 

You need to phone the County court 1st thing on Monday morning and find out if a possession order has been granted and what date you have been ordered to leave by ?

Until you can find out this from county court it's pointless filling any forms out

 

OK then

I will do this but at the same time I was not aware of anything

 

Lets All wait then and see what MoonTop finds out from local county court on Monday 1st thing...

http://www.nhas.org.uk/county_court_search.htm

Edited January 6, 2013 by 45002

[45002]

The best advice is to ring Shelter first thing in the morning, they know the law regarding rental evictions inside out and will be ble to help you -

0808 800 4444 the lines are usually quite busy so you will have to keep trying.

 

An N244 is used to request a hearing for mortgage evictions but I don't know if that's appropriate in your case, Shelter will know.

 

N244 http://england.shelter.org.uk/get_advice/complaints_and_legal_action/court_action/court_forms

 

which is used to make an application (for almost anything) in a case that has already been started.

OP has posted early on in this thread,there post has gone missing ,destroyed or stolen !

 

OP needs to find out if any court action has been taken against them by contacting there local county court 1st thing on Monday morning...

[45002]

It's not an N244 for illegal eviction,

 

No one said anything about using a N244 for illegal eviction,OP wanted to use it for if the case had already gone to court,I think the OP is somewhat confused especially with the threats of illegal eviction !

 

 

 

The reason for the confusion appears to be because no one is clear as to whether or not a possession hearing has actually taken place.

 

OP has posted there Post/Letters has gone missing/stolen ? which is why I advised them to contact local county court 1st thing Monday morning.

 

 

Then there is reference to 8 weeks of arrears

 

That was my mistake and my apologies to MoonTop.

 

OP has posted HB is paid direct to tenant and tenant has said they have proof there rent is up to date.

 

 

 

One worrying thing is,MoonTop landlord is acting like a court bailiff by changing locks,Bailiffs do the eviction in the UK and not Landlords MoonTop cannot go out anywhere because they have No keys now to there home..

Edited January 6, 2013 by 45002

[45002]

 

Good luck. I won't be assisting any further.

 

And I went on to say

 

No one said anything about using a N244 for illegal eviction,OP wanted to use it for if the case had already gone to court,I think the OP is somewhat confused especially with the threats of illegal eviction !

........... Edited January 6, 2013 by 45002

[45002]

MoonTop

 

I don't think anything more you can do today Sunday 6th or advice people can give you.

 

As you said early on your post/letters have gone missing/stolen !

 

Please ring your local county court 1st thing Monday morning 7th and try and find out if any legal action has been taken by your LL against you if anything ?

 

Let us know on CAG what the court have to say in the morning...

 

I know it's difficult for but please try and relax get something to eat and drink and get some sleep....

[45002]

Hi, it seems that Shelter was the better option since they told me to call the Community Legal Advice at 0845 345 4345. This service seems to be fine : they had made my assessment for Legal Aid then forward me to a specialist who seems to be very professional. This last has just told me that they are going to call my landlord (and agent) and ask him to put the original lock back or to give me a copy of the new keys.

 

Hi MoonTop

 

Happy to see your getting somewhere at last,Keep CAG's posted........

[45002]

Have you tried the council, they often have a list of property's to let. Its worth a try.

 

You could also try the homeless officer at the council they maybe able to find you an emergency accommodation.

 

I am quite shocked the council didn't do more to help you.

Freedom from harassment and illegal eviction

This could include things such as changing the locks, cutting off your water or electricity supply, interfering with your possessions or threatening verbal or physical behaviour. The law offers protection to tenants in these circumstances, always seek advice immediately. The Environmental Health Department of your local council has powers to investigate such actions

 

http://renting.housingadviceni.org/prs/advice-for-tenants/harassment.html

 

http://renting.housingadviceni.org/prs/advice-for-tenants/harassment.html

 

http://renting.housingadviceni.org/prs/advice-for-tenants/harassment/help-with-harassment.html#wipLive-12979-3

 

 

Your LL is completely out of order and what they are doing is illegal. Please read the above links, lots of information there on what you can do.

 

seanamarts

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?377671-Unlawful-Eviction-today-Landlord-has-changed-the-locks&p=4095103&viewfull=1#post4095103

MoonTop lives in England,Not Northern Ireland..

 

Unfortunately It's not that easy,MoonTop lived on his own in one room and Had no witnesses !

 

OK MoonTop landlord had changed the locks,but MoonTop had not left his home for sometime due to illness.

 

It wouldn't have been until MoonTop had gone out and could not get back into his home,then the "TRO" Tenancy relation office/Solicitors could have acted under Protection from Eviction Act 1977.

 

I believe the Police could have acted under Protection from Harassment Act 1997 http://www.legislation.gov.uk/ukpga/1997/40/contents

 

Repeated Harassment MoonTop had suffered from ?

Edited January 13, 2013 by 45002

[45002]

My smartphone has a good recorder...

 

 

Good Idea

 

 

I am not sure to understand this part....

 

By changing the locks and stopping you from going out ?

[45002]

Hello there. The way I read it, 45002 is agreeing it's harassment, but hopefully they will confirm. 45002 is a regular contributor here and seems to help people, I hope you don't decide to ignore them.

 

My best, HB

 

Correct.

 

Hello MoonTop.

 

It is very important that you keep looking for somewhere else to live.

 

Simple reason is once your landlord has served correct papers on you,got the dates right,so on and Judge is happy everything is correct....

 

Assured Short hold Tenancy will end in your Lawful eviction by court bailiffs.

Edited January 14, 2013 by 45002

[45002]

Correct.

 

Hello MoonTop.

 

It is very important that you keep looking for somewhere else to live.

 

Simple reason is once your landlord has served correct papers on you,got the dates right,so on and Judge is happy everything is correct....

 

Assured Short hold Tenancy will end in your Lawful eviction by court bailiffs.

 

Sorry to be blunt again,what have you done to find alternative accommodation

 

Your LL will win in the end with a AST !

Edited February 7, 2013 by 45002

[45002]

Thanks 45002 but my problem presently is that I am sick and I am not even sure that I could go to the court hearing due to my sickness.

 

The court hearing could go ahead without you,if your LL can prove rent arrears im afraid it's mandatory possession order with a AST..

 

No, last time the sent me 'Community Legal Advice' who use a 0845 number (and I had more that £100 as mobile phone bill).

 

A bit odd that as Community Legal Advice will always tell you they will ring you back !

[45002]

Sorry to be blunt again,what have you done to find alternative accommodation

 

Your LL will win in the end with a AST !

 

MoonTop

 

I don't think you fully understand or dont want to understand

 

How easy it is to evict a tenant with a AST via the courts and bailiffs ...

 

Your best bet is to find somewhere else to live asap and then sue your current LL in the courts for damages for attempted illegal eviction.

 

Good luck ....

Edited February 8, 2013 by 45002

[45002]

For reference

 

http://www.landlordzone.co.uk/forums/showthread.php?53006-How-to-fill-a-counterclaim-need-the-name-of-the-form-and-the-process

 

http://forums.moneysavingexpert.com/showthread.php?t=4380437

Edited February 10, 2013 by 45002

[45002]

the OP has been given good advice on this and other problems, however rather than act on it he seems to question everything if it is not the answer he thinks he should have, at the end of the day he has prehaps a bad landlord, rather than keep arguing with him I think his energy should be expanded into moving out as for whatever reason it is obvious that he is not wanted at this property & everything seems to be getting more and more confused.

 

MoonTop.

 

What does OP mean !

 

OP stands for 'original poster'

 

The original poster is the person who started a discussion thread, and OP is used to refer back to that person as the responses grow.

Edited February 16, 2013 by 45002