Where do I go from here?......deposit not protected and possible illegal eviction

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Where do I go from here?......deposit not protected and possible illegal eviction

    Hi,

    I need some help please.... here is basic info as required:

    -Property in England
    -single tenant
    -AST #1-1st Nov 2011 (six months), £1500 pcm
    -AST #2-1st June 2012 (six months), £1500 pcm
    -£1500 deposit paid at commencement of AST #1 (1st Nov 2011)
    -LL not living in property
    -Rent arrears totalling £2500 (that I do not dispute)
    -No inventory
    -LL not UK resident
    -No section 48 (LL refused to give a UK address) (rent lawfully due?)
    -LL served me with S8 notice and in process of accelerated possession via the county court
    -In the interim, I served notice to quit:
    -1st NTQ-1st June 2014 (expired 31st June 2014)
    -Sent "cancellation NTQ" 2 weeks prior to expiry as new accommodation fell through!) LL acknowledged this cancellation
    -2nd NTQ-1st Aug 2014 (expired 31st August 2014)
    -LL forced entry, changed locks & kept my furniture on 7th August 2014), disposed of my furniture and re-let property


    I hope I have made the above clear (minus the waffle). Here is my issues:

    1. In my defence to the current claim (accelerated possession) I stated the following:

    -no S48 (rent lawfully due?)

    -Illegal eviction (at last hearing, judge asked if I wanted to apply for an injunction to re-enter property but I declined as I had now found a new place as I was homeless and also the LL re-let the property, so not sure how the injunction would have worked for the new tenants)

    -During my entire occupancy, I signed 2 TA's, both went periodic. LL made many false claims to mydeposits to gain a "valid" certificate in order to make his previous S21 (served 3 in past but I had them all squashed via the court) hence, now the S8 route we are going down. LL attempted to protect my deposit on one of the "periodic" TA, aswell as the two fixed TA's. Do I have a claim for 2 fixed and 2 periodic TA's? LL still has my deposit unprotected and refused to return it.

    We are due to return to court in Dec 2014 (after last adjournment), the LL has failed to submit a document that the judge requested two weeks ago, deadline. Therefore, I am unable to meet my deadline for re-submitting the above defence by next week)

    What happens now? I suspect the LL see's he has no reason to persue this method as he has the property back now and knows what my defence is. Is the LL in his rights to just ignore the next hearing and just jump straight to a moneyclaim?

    If so, does that mean that I would now have to sue the LL separately for the illegal eviction and penalties for deposit?

    My LL has no regard to his legal obligations as a LL, I suspect he is planning to make me BR before I can sue for my deposit penalty (as he is worried it may be a substantial amount)

    #2
    Sounds like a complex situation!

    Have you read shelters website? Some good advice on there http://england.shelter.org.uk/get_ad...legal_eviction this about illegal eviction. Says to get the council involved and a prosecution could be brought against the landlord.

    Suggest you also give shelter a ring.

    Not sure about how many deposit claims you have, if it is only one, I'd expect you to be awarded the highest possible I.e 4 x the deposit, was it £1500? So potentially £6000 in total.
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

    Comment


      #3
      AST #2 commenced 1 June 12, so assuming no expiry date stipulated, the SPT tenancy period is 1st to last day of month, so any T NTQ served on1st would expire on last day of following (not same) month.
      Once served a T NTQ cannot be withdrawn, without LLs written agreement. On NTQ expiry you become an excluded occupier' if you remain and LL is entitled to 2x daily rent for period of overstay. The tenancy ends on expiry of your NTQ.
      Was any AST in writing? Did it provide any UK address fo 'service of Notice'? Where/how did you serve your NTQs?

      Comment


        #4
        Put in a counterclaim now for 3 times the amount of the deposit. Take along the previous failed Sec 21 ruling(s).
        Pay the rent that you owe before the hearing. Take along proof.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          If the landlord refused to give a UK address when requested there is no rent due (from that point),
          so there are possibly no arrears.
          Who's address is on the tenancy agreement?

          Your claim against the landlord is an asset that would be considered in any bankruptcy hearing.
          Bankrupting you would be stupid as it will write off some of the debt.
          Even if you were bankrupt you could still claim.

          The June notice to quote is invalid as it was served late.
          It will depend on what it says if it was totally invalid or could be valid with the correct date (leave at end of July).
          The eviction's illegality will hinge on that (and the landlord's response to it).

          Even if the eviction was legal, the landlord can't sell furniture left after the tenancy.

          If you're already in the court process, there's no claim for illegal eviction, it's a criminal matter and the judge seems to be aware of it.
          If he offered you an injunction, that means he thinks there is at least a case to answer.

          Shelter is your best bet for advice from a person not a website.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Mariner-AST#2 was for six months, then went periodic. All TA (DIY ones!) are written, no address on them for landlord, all NTQ's and cancellation NTQ all sent to address on previous court paperwork via 1st class from two different post offices, LL acknowledged cancellation (in writing) but not the 2 NTQ's.

            thesaint-despite the LL failing to submit his correct paperwork that the judge requested (Particulars of claim in the correct format & not a DIY version), will my counterclaim still be accepted/considered by the judge when I re-attend in Dec 2014? Would it not be seen that the LL no longer requires to apply for possession because he now has the property back? it is now up to me to proceed separately with an illegal eviction case (if any).

            Do I apply for the 3 x penalty for both fixed TA's? and 2 periodic? or just one TA?

            If the LL does not attend the hearing, can he just apply for a money claim and forget this process? If so, would that mean I would have to sue separately (costing approx. £1000 to do!) for the penalties? (You will probably guess, I was hoping to counterclaim on the back of this possession to save me the costs and maybe the LL realises this and hopes I do not pursue the matter!)

            Comment


              #7
              jpkeates-as no S48 has been refused, TA has no address either, I have written proof I requested an address (no reply) dies that mean that the LL cannot just jump to a money claim process? Only address on TA is the rental address. Apologies, just checked the NTQ and indeed was end of july. I was aware (when I cancelled the 1st NTQ) that the LL could charge double rent but I had no choice and he acknowledged the cancellation (in writing)

              Comment


                #8
                If you had no address for the landlord, how did you serve notice?
                If your landlord has not given you a physical address where notices can be served, you have a defence against any rent arrears claim by the landlord. You might even consider claiming all the rent you have ever paid.

                The landlord would probably claim to have provided the address, and it would be up to a court to decide who was telling the truth.

                If you gave valid notice to quit it will be up to the court to decide if it remains valid or not.
                My feeling is that the landlord can't simply not turn up to court, as the judge has asked him to do something.
                Your ex-landlord is possibly in a very bad way.

                What I would do is write all this down, calmly and reasonably, and in court ask if you can hand it to the judge.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  You know this thread just sounds like another OP I was following on another forum !
                  Thunderbirds are go

                  Comment


                    #10
                    Originally posted by 45002 View Post
                    You know this thread just sounds like another OP I was following on another forum !
                    Put a link up?
                    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                    Comment


                      #11
                      I could be mistaken !

                      Originally posted by Wannadonnadoodah View Post
                      Put a link up?
                      Whoops, my apologies

                      http://www.consumeractiongroup.co.uk...re-AST-expires!!!

                      http://www.consumeractiongroup.co.uk...a-claim-please

                      I could be mistaken !
                      Thunderbirds are go

                      Comment


                        #12
                        jpkeates,

                        I served notice to an address that appeared on court papers from the LL as I did not want the rent to escalate out of control. Could it be that my TA is still on-going, liable for rent, if the LL has not issued a S48 and the NTQ void?

                        How do I put in defence if the LL has failed to submit the correct particulars of claim? Is there a form? Do I still attend the hearing date in December 2014?

                        Comment


                          #13
                          Like the Judge I am still confused.
                          If OP loses it will be due to their inability to comply, not that of LL
                          OP seems more concerned over how many separatecompensation claims for deposit non-protection can be made?
                          On the face of it - 4, but Judge may well consider that each relates to same T and award a combned claim at the upper end of 1-3x deposit.The complicating factor is that any before Apr 2012 would have to be decided on Statute & Case Law prevailing at the time.

                          Comment


                            #14
                            Originally posted by celiahope600 View Post
                            How do I put in defence if the LL has failed to submit the correct particulars of claim? Is there a form? Do I still attend the hearing date in December 2014?
                            Yes you should attend the hearing.
                            Originally posted by jpkeates
                            What I would do is write all this down, calmly and reasonably, and in court ask if you can hand it to the judge.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              I requested that this case be referred to the judge for direction, as the claimant failed to send in the required paperwork that the judge requested in the last hearing. I have received a reply and slightly confused what it means:

                              On the XX November 2014, District Judge XXXXXX,
                              at the County Court at XXXXXXXX.
                              Upon the courts own initiative without a hearing.
                              IT IS ORDERED THAT
                              Unless the Defendant complies with the payment of the order made here on xx th October 2014 by XXth
                              November 2014, the claim shall be deemed struck out.
                              Because this Order has been made by the Court without considering representation from the parties, the parties
                              have the right to have the order set aside, varied or stayed. A party wishing to make an application must send or
                              deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of
                              this order.

                              Does this mean:

                              1.The hearing will not go ahead in Dec 2014 that the court arranged? (this was assuming the claimant filed correct forms and I put in a defence)
                              2. Has the judge just made a decision without further hearings that I pay the amount the claimant is demanding? (this letter refers to the xx th Oct 2014, no payment was requested from me, this was the letter that states the claimant has to file a correct particulars of claim by mid oct 2014 and not at any point have any amount been confirmed on paperwork as a decision by the judge)
                              3. "payment order", I have never received any paperwork yet.
                              4. Is there an error in this letter and should read "unless the claimant complies with the payment of order made here........"
                              5. I just have to still put a defence by xxth Nov 2014, despite the claimant not submitting correct paperwork as ordered by the judge in Oct 2014?


                              What do I have to do by xxth November? Complete a form? (I disagree with the amount the claimant is claiming I owe)

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X