hi new member needing evicting advice

[oscar1173]

Hi all I was wondering if anyone could help. I was issued a section 21 for eviction for the house I live in. I started to empty it out last week in to my new property and got.a call to.say someone was inside it I rung police as I was told it was my landlord and when I got there he said he was securing his property as he was told it was insecure . The only way he would of known this is if he had tried the door. Anyway he changed locks and was told to give me the key for the house an away he went since then I've had a mixed shifts at work and still haven't gotten round to removing all my things and the date on his section 21 is the 29th of Oct . Am I within my rights to take a little longer or do I have to be out by that date I will probably only need another week or so but just want to know where I stand . Hope someone can help regards mike

[Kati]

Re: hi new member needing evicting advice

[MENTION=15129]Crazy council[/MENTION] ... one for you?? xx

[Crazy council]

Re: hi new member needing evicting advice

Hi

Yes you are within your rights and your LL can not do what he did.

Anyway he changed locks and was told to give me the key for the house an away he went

He ended his right to charge you further rent from then on forward, and he is now legaly responsible for your items.

To clear up - A LL can enter a property to secure it, or let gas/water/elecy engineer to commence emergency repairs, ( i have had to do this before ) BUT

1. You have to try contact the tenant first ( reasonable efforts balance with the type of emergency )
2. Affix a notice to the door or notify the tenant were the new keys are

Did you have a deposit ?

If you just want this over, with no messing from your LL , write/email to him, informing him the day you want to collect your stuff,

he has no right to restrict you up till the end date of that notice. If you restrict a tenant from the peaceful and lawful occupation of the property ( cant remember the correct wording ) , you can not charge them rent, and may be liable for further costs,

Depending on what you said to him at the time you handed the keys back, it could be classed as an illegal eviction, although,, in the last 2 weeks of a tenancy, depending on the wording of the tenancy contract, a LL can enter for certain curcs ( doing assessments of peroperty, , showing new tenants arround )

But, they can not restrict your acsess to the property, during your tenacy

Am I within my rights to take a little longer or do I have to be out by that date

Yes you should be out by that date, but the LL would have to take court action ( can be very swift on section 21s ) ,

My advice, your LL should not have restricted you acsess to the property, so ask him to allow you a further week to get your stuff out..

[oscar1173]

Re: hi new member needing evicting advice

Hi

Yes you are within your rights and your LL can not do what he did.



He ended his right to charge you further rent from then on forward, and he is now legaly responsible for your items.

To clear up - A LL can enter a property to secure it, or let gas/water/elecy engineer to commence emergency repairs, ( i have had to do this before ) BUT

1. You have to try contact the tenant first ( reasonable efforts balance with the type of emergency )
2. Affix a notice to the door or notify the tenant were the new keys are

Did you have a deposit ?

If you just want this over, with no messing from your LL , write/email to him, informing him the day you want to collect your stuff,

he has no right to restrict you up till the end date of that notice. If you restrict a tenant from the peaceful and lawful occupation of the property ( cant remember the correct wording ) , you can not charge them rent, and may be liable for further costs,

Depending on what you said to him at the time you handed the keys back, it could be classed as an illegal eviction, although,, in the last 2 weeks of a tenancy, depending on the wording of the tenancy contract, a LL can enter for certain curcs ( doing assessments of peroperty, , showing new tenants arround )

But, they can not restrict your acsess to the property, during your tenacy



Yes you should be out by that date, but the LL would have to take court action ( can be very swift on section 21s ) ,

My advice, your LL should not have restricted you acsess to the property, so ask him to allow you a further week to get your stuff out..

Hi thank you . He only gave me the key back as police were there otherwise I wouldn't if gotten it. When I entered the property the following day he had proper things against the back door to stop me gaining access that way... I did give a deposit which he told me he used to to pay off my arrears but if I'm honest I don't think he ever placed it in the scheme. I sent him an email and my reply was no I want you to leave on the 29th no arguments . So now a bit stuck

[oscar1173]

Re: hi new member needing evicting advice

Hi thank you . He only gave me the key back as police were there otherwise I wouldn't if gotten it. When I entered the property the following day he had proper things against the back door to stop me gaining access that way... I did give a deposit which he told me he used to to pay off my arrears but if I'm honest I don't think he ever placed it in the scheme. I sent him an email and my reply was no I want you to leave on the 29th no arguments . So now a bit stuck

Also I never handed keys back we left the property unlocked until late at night as we still went in and out . He turned up at 8.30 walked around property with torches an that's when I was alerted . I sent him a message to tell him he was not allowed to gain access an was breaking and entering. I was told he left property but when I told him I'd alerted police he was back telling them he knew property was unsecure. How I don't know as we had keys to lock and unlock . That's when he told police he changed locks and he was made to give me the key to new lock. He also out heavy items against the backdoor to stop access he can't of had a lock for that as it's same one I have key for . I wasn't contacted by him to say he was entering for any reason. If police hadn't turned up I wouldn't of hot in to the property again . He's a very sly person always has someone with him that does the talking thus time his girlfriend