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Landlord pursuing us.
We started to move out of the property but the landlord must have locked us out as our key wouldnt work with loads of goods still inside. We had to break a window in order to let ourselves in. At the time we owed a couple of months rent as we had to get a deposit for the next property but would have paid with keys handed in. On return to fix window and continued removal and cleaning he refused us entry and said hed changed the locks, so we neednt bother. See you in court! As the landlord had illegally locked us out we knew he was in the wrong. We received court papers which we defended . Months passed so we went to court and they said nothing had happened.(enquired on progress) In the meantime our next landlord decided he wanted to sell up(which the neighbours said he tells all his tenants,despite saying it was a long term let. Upheaval and expense again, followed(not surprisingly ) by my husband having a heart attack and emergency stent plus 3 months recovering. So we forgot to tell the court a change of address. Six months later when just back into work the sheriff turned up. Of course i denied it was us but discovered the landlord had got a sheriff and it went to court without us knowing . HE PUSHED A form through the door which said he wanted the car. Of course we removed the car to safer shores. He didnt come in or explain anything ,just pushed it through and didnt attach a notice or anything. Immediately we paid £80 for a stay. Eventually the nasty little judge didnt think my husbands heart attack was a good reason and seemed impatient that wede moved again(as if we wanted to). He said speak outside to creditor who ran off and said "see my sheriff".We caught up and offered him £50 per month so we shook hands. Then we got an email telling us the sheriff told him he would be liable for the sheriff fees if he agrees with us so he cant accept the offer or would owe £2500. Our debt ordered by the court was £1300. Back to square one nursing a grudge that we were treated illegally by a landlord and when we felt wede lost we arent allowed to pay but have some extortionate sheriff extraxt fees for one visit of £2500 i suppose. Now what. By the way you seem a lovely welcoming group,which is encouraging and a change to the sharks outside.:tinysmile_cry_t:
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Re: Landlord pursuing us.
Hello Had Enough
to Legal Beagles.
I'll take a look at this in the next couple of days. You seem to have two Landlord/Tenant issues going on here. The first one looks like an illegal eviction but I can't be sure until I've asked you some more questions. In the meantime here's some information on your legal rights if it was an illegal eviction:
http://england.shelter.org.uk/get_ad...legal_eviction
It may make sense to start two separate threads (one for each problem)
Keep the current bailiff issue on this thread but if you want me to take a look at your previous tenancy problem maybe start a new thread in the Landlord/Property section.
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Re: Landlord pursuing us.
Did you get your property back? If you didn't, what was it's approximate value? Was the Right of Lien mentioned at any time?Originally posted by had enough View PostComment
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Re: Landlord pursuing us.
well we think it was illegal but in our absense the court gave the case to him. On appeal he didnt accept it was a good excuse for not giving the court a new address so it stands, illegal or not. Of course the window wasnt fixed as he changed the locks and refused us entry to fix it so he claimed for it. But now we are back to the sheriff and will probs get saddled with costs for them if they do anything else
Thanks for your reply :tinysmile_grin_t:
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Re: Landlord pursuing us.
We got most of it except a couple of bikes.Comment
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Re: Landlord pursuing us.
no mention of right of lien.Comment
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Re: Landlord pursuing us.
Possibly because it may not apply in your case.Originally posted by had enough View PostComment
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Re: Landlord pursuing us.
Are you in England/Wales or Scotland?Comment
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Re: Landlord pursuing us.
England.Comment
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Re: Landlord pursuing us.
the main concern is how can we pay this off without the sheriff being involved again. Will we now be liable for his fees though the court didnt order this as far as we know. We dont think we should be paying but if we have to we havenr been given any opportunity to pay and im peeved that british justice is so onesided and should be helping people to pay not wreck their lives.Comment
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Re: Landlord pursuing us.
You mention the Sheriff. Is this the "Sheriffs Office" HCEO as per thge TV programme or a county court bailiff?Originally posted by had enough View PostComment
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Re: Landlord pursuing us.
You say you applied for a Stay previously & were turned down - what grounds did you apply on? In the meantime download Form N245 ready to submit a Variation Order.Comment
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Re: Landlord pursuing us.
yes it is them xComment
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Re: Landlord pursuing us.
we applied because we didnt know it was still being pursued or the court date because we moved and hubby had heart attack and emergency stent with a 3 month recovery period so had other things distracting us. We did think hed dropped it though as he had acted illegally.Thank you. i think we did an n244,may have been wrong one but cost £80Comment
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Re: Landlord pursuing us.
If not too busy this afternoon I'll try & get back to you, otherwise it will be this evening.Comment
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