Illegal Eviction

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  • Illegal Eviction

    Hi There,

    I bought this property about 3 months ago for my main use, Due to personal circumstances I put one room to rent (Only for one month)and the Lady started her tenancy without paying any deposit and she always paid her rent late. I was actually away from the Country during her stay and when I came back, I asked for rent and deposit and she never did. I never stopped her coming into the house and I only asked for the deposit and rent. So I adviced her to leave the property after one month (When her contract ended).

    Now I have recieved a Inconjunction Notice that I have illegally evicted her and changed my door locks.
    What shall I do ?

    Please help??

  • #2
    Do you live in the house as well? It makes a real difference.

    Comment


    • #3
      I bought this place 3 months ago and I spent 40 days redecorating the whole and me and my brother lived there with another friend. As we were going abroad, I decided to put one room on rent to cover the finances.

      Comment


      • #4
        Originally posted by dynamiq View Post
        I bought this place 3 months ago and I spent 40 days redecorating the whole and me and my brother lived there with another friend. As we were going abroad, I decided to put one room on rent to cover the finances.
        Yes but what were the relative timescales of you living there and moving out, and her moving in and out? (The length of time it took you to decorate isn't at issue...)
        Last edited by Ericthelobster; 28-01-2008, 23:04 PM. Reason: typo

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        • #5
          If your main residence is elsewhere, then its illegal eviction

          If it was your main residence before you got a tenant/lodger and always has been since, and you can prove it, then its not illegal evicition.

          Get a solicitor now.
          All posts in good faith, but do not rely on them

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          You can search the forums here:

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          • #6
            This is and has been my main residence since i bought the place in Oct 2007. It only been three months and I have not changed all the addresses. My brother and my friend also been living with me and I can take them as a witness for proof. The only problem is we made an Assured Shorthold tenancy Agreement which I have downloaded from internet and used it by mistake.

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            • #7
              If you never actually shared or lived with her, she is most likely a tenant.

              You will be in big trouble; get legal advice before she sues the pants off you.
              All posts in good faith, but do not rely on them

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              • #8
                Originally posted by Bel View Post
                If you never actually shared or lived with her, she is most likely a tenant.

                You will be in big trouble; get legal advice before she sues the pants off you.
                Well she has sued me and asking for 6K in damages, Now I have consulted the Solicitor and he is asking in the region of 5-15K and I will not get any costs because of her on legal aid. Please help!!
                I don't know what to do

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                • #9
                  Originally posted by dynamiq View Post
                  Well she has sued me and asking for 6K in damages, Now I have consulted the Solicitor and he is asking in the region of 5-15K and I will not get any costs because of her on legal aid. Please help!!
                  I don't know what to do
                  "Consulted the solicitor"? Hers, I guess, so not impartial.
                  Consult your own solicitor pdq, to staunch your potentially large liability.
                  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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  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).

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                  • #10
                    So it hasn't gone to court yet?

                    So does she want 6K and to be re-instated? Or just 6K?

                    Sounds like you should either pay it, or try to negotiate it down and pay it.

                    Or get a quote from another solicitor.
                    All posts in good faith, but do not rely on them

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                    You can search the forums here:

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                    • #11
                      Jeffrey; regarding legal aid.

                      Do people only get it if the chances of them winning are high?
                      All posts in good faith, but do not rely on them

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                      • #12
                        Originally posted by Bel View Post
                        Jeffrey; regarding legal aid.

                        Do people only get it if the chances of them winning are high?
                        Yes, although that's not always the only parameter.
                        Some solicitors offer "No win, no fee", which can (and usually does) apply to clients ineligible for Legal Aid [or whatever it's called this week].
                        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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        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).

                        Comment


                        • #13
                          Originally posted by jeffrey View Post
                          Yes, although that's not always the only parameter.
                          Some solicitors offer "No win, no fee", which can (and usually does) apply to clients ineligible for Legal Aid [or whatever it's called this week].
                          But 'no win-no fee' clients can have defendants costs charged against them, but not legal aid clients?
                          All posts in good faith, but do not rely on them

                          * * * * * ** * * * * * * * * * * * *

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                          • #14
                            Originally posted by Bel View Post
                            But 'no win-no fee' clients can have defendants costs charged against them, but not legal aid clients?
                            Yes, I think so- but, as it's not my area of specialist practice, I cannot be certain.
                            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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            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).

                            Comment


                            • #15
                              If you only advised her to leave verbally at the end of her tenancy and she did, and you gave her no written demands that she leave, or indeed made any kind of threats, surely you can just stick to your guns and say the tenant chose to leave at the end of the tenancy? Am i missing something here?

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