illegal eviction

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    illegal eviction

    Hi

    I have a friend who has been illegally evicted the landlord changed the locks and disposed of all her stuff when she was out. Struggling to get the police to act
    if he is charged with a criminal offence will she have to pursue losses via civil court or will the criminal court order compensation thanks

    #2
    Whether he gets charged iin the 1st place, is something that depends on the circumstances.
    I think looking at compensation is a long way away.

    Unconventional repossessions happen regularly, and mostly go unpunished.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Hi yes I agree it is a long way off just need to know if you have to pursue compensation via civil court or if the police do it for you thanks

      Comment


        #4
        Tell your friend to also contact the tenancy relations officer at the council, and not to be fobbed off.

        In a criminal case the LL can be either fined or imprisoned, your friend will need to take their own civil action against him for compensation most likely, you might find either the police or council are too lazy to prosecute. If that is the case make sure you report them to the IPCC and Local Government Ombudsmen respectively. Their oft reported dereliction of duty in this area is unacceptable. Also write to the Chief Constable, Local MP, and Police and Crime Commissioner asking just why it is they think some laws don't need to be enforced.... or better yet go and sit in his office until he explains himself, and tell the local paper what you are doing.

        http://www.landlordlawblog.co.uk/201...viction-cases/ - there are 5 case studies of illegal eviction so you can get an idea of the possible outcomes depending on the circumstances.




        If it were me and it didn't happen too long ago I'd demand the police attend while I effect peaceable re-entry, and once again, if they refuse report them to the appropriate authorities. A tenancy can only be ended unilaterally by a landlord with specific legal processes, if these haven't been followed then your friend still has a tenancy and legal estate over the property in question.
        I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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          #5
          Thank you for your reply its what I thought but did not want to say until I had confined it here I will pass on this info its much appreciated

          Comment


            #6
            Tell your friend not to back down, take the LL to the cleaners, the law is 100% on your friends side, even if the council and police have forgotten who they work for.
            I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

            Comment


              #7
              Word of caution, we only have OPs version of friends account.
              What are the circumstances surrounding the alleged 'illegal eviction'?

              If indeed illegal eviction, then criminal offence, as is theft of another person's property. Report LL for illegal eviction and prob theft of property.
              Compensationis usually a matter for civil Courts

              Comment


                #8
                AIUI only Police or council can do the criminal.

                Think friend can start civil case.

                On the basis of what you state friend should call Shelter on 0808 800 4444 for advice or engage a landlord/tenant specialist solicitor. Damges in £10ks have been awarded depending on circumstances

                Bent criminal landlords (or tenants) should be pursued to the death
                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...

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