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Original poster

Has my landlord broken the law?

43 replies

lynsey91 · 31/01/2018 11:26

Our landlord got an eviction notice and we should have been out yesterday. There were problems with our removers so we had to leave a fee things. Texted landlord to say we would be coĺlecting them today. He replied ok.

Been today and landlord has broken down back gate in order to get into garden. We think he may have bèen in house via the back door as he has a key for it (he lost his key for front door).

Now we never said we had actually moved out and although our car wasn't there I could have been there on my own.

I know once the eviction notice was up he needed to instruct bailiffs if we didn't go so has he broken the law?

OP posts:

Fattymcfaterson · 31/01/2018 13:31

If you move out and have left things behind are you planning on paying the LL a storage fee??

MiniCooperLover · 31/01/2018 16:01

Surely you wouldn't want bailiffs involved? You'd have to pay their costs ??!?

sirlee66 · 31/01/2018 16:12

Agree with PP. Why did you have an eviction notice?

Weezol · 31/01/2018 16:19

It's tricky. High Court Baliffs/Sherriffs can allow you to come back to the property as part of an eviction to collect possessions, but rogue landlords abound and seem to be unchecked in most local authorities.

What kind of idiot breaks down their own gate and incurs further costs with a locksmith?

I suggest asking Shelter for advice, but if your ex-landlord is like I think he is, you may have to write these possessions off and approach the Ombudsman to get your deposit back. Again, Shelter will advise on this.

Doctordid · 31/01/2018 16:27

'Bluedoglead

You had an eviction notice and the date was yesterday.
Why the fuck would you think it’s still your tenancy at that point? The law said you had to be gone. Yesterday.'

It doesn't quite work like that, once a date passes on an eviction notice if the tenant has not vacated the property then the landlord must return to court for possession and high court enforcement officers will come out to change the locks and complete the eviction.

The landlords still at that point even after bailiffs have been have a duty of care and must store the tenants belongings and give adequate time to collect.

That said I'm a bit confused how the op didn't tell him that they had moved out while texting him asking could they still collect things tomorrow.

If he had broke into the property and they hadn't gone (after the eviction date but before the instruction of HCEO) yes he has done wrong.

If he was given information to believe they had already left then all he has done is broke his own gate.

I'm a bit confused about the dog bit. If you were just collecting stuff then what does the dog have to do with it.

Bluedoglead · 31/01/2018 16:28

But the op text and said they’d left some stuff they’d be back for. Which surely means they had gone?

Doctordid · 31/01/2018 16:42

If he was given reason to believe they had gone (and I'm utterly confused about op then saying that they didn't tell him they had gone ) then he absolutely didn't need to wait for bailiffs and the court.

specialsubject · 31/01/2018 18:13

If a tenant leaves stuff in the property, the landlord is an involuntary bailee and has to follow legal procedures. Dumping it can get you sued big time even if it is a pile of literal shit.

Been there - fortunately I did get tenant go ahead to pay to get rid of the abandoned filth. Lucky me...

Dizzywizz · 01/02/2018 07:04

Op if you’re saying the LL didn’t protect your deposit then you have some recourse there...is that what you mean?

AgathaF · 01/02/2018 08:13

You're making a meal out of nothing. You left yesterday, you'll collect your possessions later. Your landlord rightfully entered his own property, knowing (because you texted him and because you were legally evicted) that you had left.
Really, what's the issue?

LIZS · 01/02/2018 08:23

If you had raised the lack of deposit scheme etc in court the Section 21 would not have been granted.

FluffyWuffy100 · 01/02/2018 09:53

As for "poor sod" you know nothing about what has happened. The landlord has been a total pain in the arse and has done nothing required by law i.e. our deposit, smoke alarms, gas safety checks etc

Fab, then you can clam for 3x your deopit. Happy days for yourOP!

bettydraper31 · 01/02/2018 09:57

^this. You left? Why are you now getting your knickers in a twist over this? If you’ve left who cares! Go and get your stuff and move on with your life!!!!

Marvellousmarge · 01/02/2018 09:59

Another perfect example of why so many are reluctant to let long term, prefer airbnb and why rents are sky high.

Every time an entitled twat waits to be evicted , another landlord thinks fuck this for a laugh.

I used to long term let a house. Now I airbnb. Will never, ever long term let again.

johnd2 · 01/02/2018 10:02

99% of the replies on this thread are completely wrong, not to mention rude.
Whether or not you have a tenency or not is separate from whether you have possession.
The notice given by the land lord is to end the tenancy. Without a tenancy you are still in possession of the property until you either give it up, or are evicted by the Bailiffs.
If the landlord entered his property still in your possession he is trespassing. If he has excluded your access he is also breaking the law as it's an illegal eviction.
The only question in my mind is whether you had indeed given up possession or not. Whether or not the landlord said whatever, who owns the house, and anyone's financial situation are totally irrelevant.
I think you need legal advice or at least try money saving expert where people are more sympathetic.

My final thought would be think about what you want the result to be, not about who has done what wrong. Otherwise you'll get stressed and waste effort. Good luck.

MyKingdomForBrie · 01/02/2018 10:02

Why does it matter if he did? He hasn’t caused you any harm or upset, it’s obviously been a long and unpleasant saga, just leave it. You must have somewhere to go as you weren’t in the property over night (bloody hope your dog wasn’t there alone).

MrsMoastyToasty · 01/02/2018 10:04

Go onto the Shelter website and see what your rights are.

Needmoresleep · 01/02/2018 10:36

Unless a tenant hands over the keys it can be really difficult to work out whether they had gone. I was in a similar situation in that I had given my tenant notice, he had said he would go, but was a bit vague when. Neighbours saw him packing but I could not get hold of him and he did not leave keys.

I had to go into the flat anyway with a workman to do a repair he had requested, and guessed he had gone, but there were still a lot of stuff, food in the fridge etc.

I could have gone through the proper legal channels to gain formal possession but it would have taken months, and have cost a lot. The solicitor's unwritten advice was to wing it, the balance of probability was that he was gone. I got an inventory clerk in to document what was there along with the property condition. She felt he had taken everything of value, eg the gin was gone, the tonic remained. Luckily there was a basement store so I packed possessions carefully and put them down there. Though I could not change flat locks the building management felt they could unprogramme fobs for communal entrances. In this case I made the right call. He was wanted by the fraud squad and had done a flit. But OP is right. I was probably acting illegally. The flat is owned by my elderly mother and the rent is used to pay her care costs.

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