Change the locks last night.

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    Change the locks last night.

    Hi everyone I would be grateful for some advice, we had a young girl of 19 staying in my son's flat, she pushed to have the flat around 17th Dec even though it wasn't quite ready for anyone, but my son took pity on her, she paid 450 for her first rent but she didn't have the deposit, Jan 17th came and went and finally we got £350, £100 short, February 17th came and to date no money, she has turned out to be a nasty piece of work, shes broken the bed and washing machine the place was a mess and refuses to let my son in to check things out and also told him shes not paying anymore, her mother signed as guarantor.
    OK,next I know we have done wrong but felt we would face the music after, Last night we went over we knew she had gone for the night and taken her dog with her, we quickly got in change the locks and left a notice on the door, this afternoon her dad called my son but he passed it to his dad, he explained what has been going on and his daughter said shes paid, we told him we would not have evicted her if she was paying, hubby told him her mother has signed the lease as guarantor, he promptly said that she did not sign anything, Hubby said she introduced herself to him last week when he went over to try and sort things out to see if she would pay but flatly refused, again he said it wasn't her mother ? Her dad asked if he could meet with us at the flat at 3.30 today to clear all her stuff out, me and hubby went there, well!! what a well brought up young girl she was NOT, kept our son away which I'm so glad I did as I'm sure she would have gone for him, the language was unbelievable but we keep quite, at one time she was so bad towards us, I asked her father to ask her to stop and have some respect she came back with "I'll F***ing slap her in a minute"
    Anyway they packed everything away there were two large mirrors which I was weary that the were my son's but wasn't 100% so said nothing, I heard her dad ask her are these yours she said yes and I heard him say are you sure she said yes just take them to the car, but now have found they were my sons, is that theft ?, before they left the father said " you do know this is illegal eviction and I will be talking to our solicitors on Monday" which she shouted "cant wait to get my f***ing compo" the father did mention "I have money" well! My hubby wanted to say, why don't you get a flat for your daughter and grandson then, what I cant understand is why did they come and get all her stuff out if they didn't have to ? now she's cleard out all her stuff would she be able to re-enter, She was having DHSS they have paid her 2 months but we have only had one payment and that was short, we will go to the benifit office on Monday and explain what has happened, we know we have done wrong, SO GUY'S would like to know what to expect if they take us to court, to be honest if its a fine I would rather pay that than get my son into more arrears with the mortgage, or will they lock me up and throw away the key.
    Has anyone gone through this if so what happend

    #2
    Gotta be a troll - surely nobody would be that daft & commit a criminal act like that that could land them in jail.

    Very amusing
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Illegal eviction can result in a prison term.

      Sadly trolls don't get anywhere near a severe enough punishment!

      Comment


        #4
        Has OP not got full stops on her keyboard?
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

        Comment


          #5
          1977 Protection from eviction acts

          Originally posted by welshangel View Post
          Hi everyone I would be grateful for some advice, we had a young girl of 19 staying in my son's flat, she pushed to have the flat around 17th Dec even though it wasn't quite ready for anyone, but my son took pity on her, she paid 450 for her first rent but she didn't have the deposit, Jan 17th came and went and finally we got £350, £100 short, February 17th came and to date no money, she has turned out to be a nasty piece of work, shes broken the bed and washing machine the place was a mess and refuses to let my son in to check things out and also told him shes not paying anymore, her mother signed as guarantor.
          OK,next I know we have done wrong but felt we would face the music after, Last night we went over we knew she had gone for the night and taken her dog with her, we quickly got in change the locks and left a notice on the door, this afternoon her dad called my son but he passed it to his dad, he explained what has been going on and his daughter said shes paid, we told him we would not have evicted her if she was paying, hubby told him her mother has signed the lease as guarantor, he promptly said that she did not sign anything, Hubby said she introduced herself to him last week when he went over to try and sort things out to see if she would pay but flatly refused, again he said it wasn't her mother ? Her dad asked if he could meet with us at the flat at 3.30 today to clear all her stuff out, me and hubby went there, well!! what a well brought up young girl she was NOT, kept our son away which I'm so glad I did as I'm sure she would have gone for him, the language was unbelievable but we keep quite, at one time she was so bad towards us, I asked her father to ask her to stop and have some respect she came back with "I'll F***ing slap her in a minute"
          Anyway they packed everything away there were two large mirrors which I was weary that the were my son's but wasn't 100% so said nothing, I heard her dad ask her are these yours she said yes and I heard him say are you sure she said yes just take them to the car, but now have found they were my sons, is that theft ?, before they left the father said " you do know this is illegal eviction and I will be talking to our solicitors on Monday" which she shouted "cant wait to get my f***ing compo" the father did mention "I have money" well! My hubby wanted to say, why don't you get a flat for your daughter and grandson then, what I cant understand is why did they come and get all her stuff out if they didn't have to ? now she's cleard out all her stuff would she be able to re-enter, She was having DHSS they have paid her 2 months but we have only had one payment and that was short, we will go to the benifit office on Monday and explain what has happened, we know we have done wrong, SO GUY'S would like to know what to expect if they take us to court, to be honest if its a fine I would rather pay that than get my son into more arrears with the mortgage, or will they lock me up and throw away the key.
          Has anyone gone through this if so what happend
          Hope you got a good Solicitors welshangel

          Up to two years in Prison or Unlimited fines or both,upon conviction at the Crown court
          Fed up with nitpickers and rivet counters...

          Comment


            #6
            T's complaint for illegal eviction is against LL (your son) and poss anyone aiding and abetting (you) In a seperate action you/son could claim theft of 2 large mirrors. So maybe T is not a good poker player, not wishing to share the same outcome.
            At best your son was nieve as there is no mention of credit checking the T or G or whether the G owned property.
            Whilst our opinions are based on Law I think we can all appreciate (if not condone) your actions. Unfortunatlely such action has enforced unacceptable T rights

            Comment


              #7
              Originally posted by welshangel View Post
              Has anyone gone through this if so what happend
              Here's a link to reports of a few illegal eviction civil claims, to give you an idea of the sort of compensation which can be awarded.
              http://nearlylegal.co.uk/blog/2010/0...-legal-action/
              In these examples it's between £10,000 and £20,000.

              If a landlord is also prosecuted, in the Crown Court the maximum penalty is an unlimited fine and a 2 year prison sentence.

              Good luck

              Comment


                #8
                You should look at what you have described and rise above it. The low life who have subjected you to this are not on an equal footing with you. This is also a lesson to any landlord how unless a tenancy is set up properly things will go wrong. Some tenants appear extremely adapt at messing around people with property who are perhaps setting out on renting the first time. I notice that at either side of this forum there are firms offering Landlord Insurance and there is somone who offers training. I also believe that the deposits which tenants are asked to deposit are pathethic. Anyway you should write down what happened whilst its still fresh in your mind and get your husband to sign it.

                Comment


                  #9
                  There are several laws that you have broken including (but not exhaustive) Protection From Eviction Act 1977, Protection From Harrassement Act, Criminal Law act 1977, Unfair Terms in Consumer Contracts regulations 1999 ... the list goes on! I really hope that your T as an excellent Solicitor, if not I can recommend one. You have broken so many laws and as not the LL yourself could well end up with the Police on your doorstep which personally I think you deserve. Did you not consider the Legal route to evict your T???

                  Monday morning your T can go to court ex-parte and get an Injunction against you to gain access to the property. And can claim compensation for your actions.

                  You need to get Legal advice asap!

                  Comment


                    #10
                    Originally posted by Always Problems View Post
                    Anyway you should write down what happened whilst its still fresh in your mind and get your husband to sign it.
                    There have been several cases where Judges will not see partner as being a good witness in situations like this. Perhaps paying for an independant person would be better?

                    Comment


                      #11
                      Don't worry, there's a minute chance that your son con be jailed, however it's extremely unlikely. Luckily for your son, he did not give his authority for the locks to be changed.
                      Members do tend to go a bit overboard when matters like this arise.


                      First thing I would do is to change the locks back to the original ones, and offer the property back to the tenant.
                      Call the housing benefit dept, and get the tenants claim suspended(if it hasn't been already) and let the housing benefit department that you believe that she has left. Give them a contact number for her so that they can verify this.

                      If she does return, write to the housing benefit dept and ask them to pay your son directly due to the likelihood of being paid is slim.
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #12
                        LL can only get LHA paid direct if they can prove that rent is 8 weeks / 2 months / quarter in arrears and that they have protected deposit etc and without a Court Order this is only at the T's consent!

                        "theSaint" may offer good advice after the fact; BUT you have posted on on a public forum that you have broken the Law and your T can now use this against you in Court; and I hope she does

                        Comment


                          #13
                          TheSaint - changing the locks back and allowing T access does not change what this LL has done, ie broken the Law! Covering your rear end does not have much effect in Court when posts like this can be used as evidence - this is a Public Forum and there is nothing at all stop posts being used in evidence .... uness someone wants to argue???

                          Comment


                            #14
                            Originally posted by kittikat View Post
                            LL can only get LHA paid direct if they can prove that rent is 8 weeks / 2 months / quarter in arrears and that they have protected deposit etc and without a Court Order this is only at the T's consent!
                            Incorrect.


                            Originally posted by kittikat View Post
                            "theSaint" may offer good advice after the fact; BUT you have posted on on a public forum that you have broken the Law and your T can now use this against you in Court; and I hope she does
                            The OP is not a landlord, therefore, has no tenant.

                            Originally posted by kittikat View Post
                            TheSaint - changing the locks back and allowing T access does not change what this LL has done, ie broken the Law! Covering your rear end does not have much effect in Court when posts like this can be used as evidence - this is a Public Forum and there is nothing at all stop posts being used in evidence .... uness someone wants to argue???
                            As above, the OP is not the landlord.
                            As for "Covering your rear end", do you believe the advice I have given to minimise any action to be incorrect?
                            If so, what do you suggest?
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment

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