possession claim and counterclaim for unlawful eviction

[gruffle o'crumble]

Hi All,

this is my first post on the forum and comes at a very stressful time.

I received papers for a possession claim where I have a very strong counterclaim against the landlord who evicted me by force back in September. With a small baby and 4 year old I had to find a new place which I did in December, unfortunately it means I cannot get legal aid as any possession order would not leave me homeless. I did not know this and waited 10 of the 14 days for Shelter to get back to me to say they can't help! Can't slag them off too much they do excellent work but unfortunately can't help me in spite of my low income.

I have seen a solicitor who tells me my counterclaim as I have explained it is good and valid (Harassment, unlawful eviction, trespass). He has advised on how to piece together the counterclaim but suggested a random amount of damages to ask for which I am not happy with. Not only is it low, but he seems to have plucked it out of thin air and it does not seem robust. Even if I make a low claim I want to know the workings out so I can defend it in court if I need to.

I can't find any guidance online except the cryptic Sections 27 and 28 of the 1988 Housing act. Does anybody please know where I can access this sort of information or guidance?

I don't have the money for it, but I have applied to see a barrister for guidance on this matter, though I don't hold out much hope that they will actually see me!

Any advice greatly appreciated

Gruff

[45002]

Re: possession claim and counterclaim for unlawful eviction

Hi All,

this is my first post on the forum and comes at a very stressful time.

I received papers for a possession claim where I have a very strong counterclaim against the landlord who evicted me by force back in September. With a small baby and 4 year old I had to find a new place which I did in December, unfortunately it means I cannot get legal aid as any possession order would not leave me homeless. I did not know this and waited 10 of the 14 days for Shelter to get back to me to say they can't help! Can't slag them off too much they do excellent work but unfortunately can't help me in spite of my low income.

I have seen a solicitor who tells me my counterclaim as I have explained it is good and valid (Harassment, unlawful eviction, trespass). He has advised on how to piece together the counterclaim but suggested a random amount of damages to ask for which I am not happy with. Not only is it low, but he seems to have plucked it out of thin air and it does not seem robust. Even if I make a low claim I want to know the workings out so I can defend it in court if I need to.

I can't find any guidance online except the cryptic Sections 27 and 28 of the 1988 Housing act. Does anybody please know where I can access this sort of information or guidance?

I don't have the money for it, but I have applied to see a barrister for guidance on this matter, though I don't hold out much hope that they will actually see me!

Any advice greatly appreciated

Gruff

Hi

Have anyone told you to contact your local council housing department at all, councils have the power to carry out prosecutions.

It is a criminal offence for a LL to evict you, punishable with fines or up to two years in prison or both upon conviction under 1977 Protection from eviction act,

If LL used physical force on you and your 4 year old you should have reported him to the police...

[Kati]

Re: possession claim and counterclaim for unlawful eviction

tagging [MENTION=15129]Crazy council[/MENTION] and [MENTION=87380]Diana M[/MENTION] xx

[gruffle o'crumble]

Re: possession claim and counterclaim for unlawful eviction

Thanks for your responses.

The council have been well aware of this situation for quite some time but they haven't done anything to help! in fact they offered money towards setting up a new private tenancy because they couldn't assist with housing but rescinded the offer once I found a tenancy. I am aware they have powers of prosecution but seems they don't want to use them.

G

[Crazy council]

Re: possession claim and counterclaim for unlawful eviction

hi

I received papers for a possession claim where I have a very strong counterclaim against the landlord who evicted me by force back in September.

was the possesioin/eviction done at court, ie did the LL act before the court order

I have seen a solicitor who tells me my counterclaim as I have explained it is good and valid (Harassment, unlawful eviction, trespass). He has advised on how to piece together the counterclaim but suggested a random amount of damages to ask for which I am not happy with. Not only is it low, but he seems to have plucked it out of thin air and it does not seem robust.

Claimks for harrasment agaisnt a LL are quite easy to do if they have breached terms of the agreement, but the damages are limited, usualy around 2k for illkigal eviction. (that sort of meens any type of eviction thatdoes not fully comply with the legislation, or for when a LLs been letting themselves in

I can't find any guidance online except the cryptic Sections 27 and 28 of the 1988 Housing act. Does anybody please know where I can access this sort of information or guidance?

Maybe the soilisiotr that says youhave a claim will do it, and poay after. if not, offer them a few humdred pin monies ( £ 400 for initial costs), then pay the rest after

[gruffle o'crumble]

Re: possession claim and counterclaim for unlawful eviction

Hi yes, eviction done before s21 served.

NOt sure about pay some now and some later but i should ask- good idea.

I am not sure I agree with what you have said re damages, they vary wildly. If you look at the nearly legal blog it has useful court roundups for unlawful evictions. people seem to claim between 100-300 each night they are homeless. Unfortunately these sources do not explain how these amounts are arrived at.

G

[Crazy council]

Re: possession claim and counterclaim for unlawful eviction

If it was a Housing agency or council, you might get higher, buit if its a private LL, they will generaly get more consideration if they have debts to pay or other curcumstances related to them acting. They would still have to pay if they illegaly evicted you,

I must say, my experience of this is quite a few years out of date, i was a property manager for many years and kept myselfupdated on changes up to about 2009,

[gruffle o'crumble]

Re: possession claim and counterclaim for unlawful eviction

Hi I will take your comments on board, it's a useful perspective but it seems to me that this raises more of an issue for me in that there is so much to consider in asking for damages that I almost certainly have to ask a professional to advise (and pay for the pleasure!). The circumstances of the eviction are pretty extreme and I am seeking some sort of redress for that without going too deep into the details.

G

[45002]

Re: possession claim and counterclaim for unlawful eviction

Thanks for your responses.

The council have been well aware of this situation for quite some time but they haven't done anything to help! in fact they offered money towards setting up a new private tenancy because they couldn't assist with housing but rescinded the offer once I found a tenancy. I am aware they have powers of prosecution but seems they don't want to use them.

G

Hi yes, eviction done before s21 served.

NOt sure about pay some now and some later but i should ask- good idea.

I am not sure I agree with what you have said re damages, they vary wildly. If you look at the nearly legal blog it has useful court roundups for unlawful evictions. people seem to claim between 100-300 each night they are homeless. Unfortunately these sources do not explain how these amounts are arrived at.

G

Hi I will take your comments on board, it's a useful perspective but it seems to me that this raises more of an issue for me in that there is so much to consider in asking for damages that I almost certainly have to ask a professional to advise (and pay for the pleasure!). The circumstances of the eviction are pretty extreme and I am seeking some sort of redress for that without going too deep into the details.

G

What did they LL do to illegal evict you, break in throw you out using force, change the locks while you where out or something else ?

This LL needs to feel the full wait of the law on him/her..

[gruffle o'crumble]

Re: possession claim and counterclaim for unlawful eviction

I am uncomfortable divulging details in public in case the LL or someone on their team is reading this. He basically terrorised me for a year cut off all utilities and took extreme measures akin to changing the locks. But I agree, he should be held to account for what he has done.

[Crazy council]

Re: possession claim and counterclaim for unlawful eviction

the 2k suggestion was just for the illegal eviction part, if he has harrased you during the tenacy then you can claim for that as well as long as you can prove it. If he cut of the utulitys or changed locks hes in trouible.

[45002]

Re: possession claim and counterclaim for unlawful eviction

I am uncomfortable divulging details in public in case the LL or someone on their team is reading this. He basically terrorised me for a year cut off all utilities and took extreme measures akin to changing the locks. But I agree, he should be held to account for what he has done.

Fair point

I would contact your local Councillors/MP or both and ask them to write/contact local housing department on your behalf and ask why the council are not taking this more seriously...


https://www.gov.uk/find-your-local-councillors

http://www.parliament.uk/mps-lords-and-offices/mps/

[gruffle o'crumble]

Re: possession claim and counterclaim for unlawful eviction

Yep he has done all of the above more or less