One joint tenant had already left- claims unlawful eviction

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    One joint tenant had already left- claims unlawful eviction

    Hi Folks,

    I obtained a court possesion order for my property. The possesion order states that any persons residing in the property must vacate by th 16th April. On the evening of the 15th I waited for the tenant to go out before changing the locks and placing his belongings on the driveway. The tenant did come back later and was expecting it, he has left without any trouble.

    However, his partner who vacted the property around mid January is seeking legal action against me for illegal eviction. She and her children have been victims of domestic abuse by the male tenant and have been in the care of social services since January. She has already rejected two offers of housing by social services and is currently on record as staying with friends/relatives.

    The social services have backed me up saying that she no longer lived at my property and that she has had more than enough time to collect her belongings.

    She is seeking help using legal aid.

    Can anyone tell me what is the most likely outcome?

    To whom did you let: him only or both of them?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


      Both of them


        Strictly speaking you should have waited until the expiry of the possession order as you were not entitled to possession until 1 second past midnight of 16th.

        The female had no interests in the property, she had left it - she was not in possession when you did your "eviction" - I cannot see on what basis she could claim from you.

        It all sounds like a bit of sabre rattling to me!


          Sure, the male tenant excepted it and left without problem.

          A solicitor has acted on the female's behalf and sent a letter to my solicitor asking that I allow full access within 48 hours or face proceedings for illegal eviction. The solicitor is most likely obtained through Legal Aid. My solicitor advised that I have a strong case and he suspects that Legal Aid will not cover a court hearing if the probability of winning a case is not clear-cut, does anyone know anymore on this?


            Also, the female tenant has left a few belongings at the property, how long should I store them for before disposing of them?


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