Landlord changed locks

[juliejason 10]

can anyone give advice plz, iv recently moved out, (after recieving a summons for eviction proceedings,) there was still things in the house and on the garden, but my landlord has changed the locks and disposed of all my things i couldnt collect the day i moved. id not yet informed him of my move because there was still items in the house etc. iv been back 3 days later and everything had gone and locks changed.

CAN HE DO THIS ?

[swfcowls 10]

can anyone give advice plz, iv recently moved out, (after recieving a summons for eviction proceedings,) there was still things in the house and on the garden, but my landlord has changed the locks and disposed of all my things i couldnt collect the day i moved. id not yet informed him of my move because there was still items in the house etc. iv been back 3 days later and everything had gone and locks changed.

CAN HE DO THIS ?

 

Why did you receive summons?

[dave_dave 10]

I'm guessing that depends on why you were evicted/if there was a specific date set?

[OOmpa 10]

Yes of course he can, you have been evicted and should have taken all your belongings when you left the house. The landlords not going to wait around for you to keep going back to pick your other bits up is he ?

[juliejason 10]

the first hearing is supposed to be on 10th march, but he served me an invalid notice anyway, i was scared..... so moved because i couldnt cope with the stress of it, i suffer badly with depression and other health probs. ....so i moved to my sons.

[Andy 10]

I would suggest calling Shelter on 0808 800 4444 for advice.

 

I think it may depend on a number of factors such as the reason for eviction and whether it appeared that you had abandoned the property. However disposing of your property sounds wrong. If Shelter can't help, they will probably be able to put you in touch with someone who can.

 

Good luck.

[littlewonder 10]

hi, he cant do that he has to give you relevant notice of his intent to dispose of your goods.

 

put it in writing to him the full claim of cost of items he disposed of, give him 7-14 days yourchoice after which time ifhe doesnt pay up for your items that he illegally disposed of you can take him to the small claims court

[Loops 10]

Well until your landlord has served you with a valid notice, obtained a court order and subsequently a baliffs warrant then you would still have a legal right to occupy the accommodation.

 

You landlord may argue if you left that he thought you had gone but my understanding is that even if a landord may think you have vacated the premises he would still have some duties for a short period to protect your belongings. Like mentioned previously he should make reasonable attempts to contact you.

 

It may be that your landlord may be leaving themselves open to proceedings for damages to your personal items and in view of the fact you left because you were worried possibly also harassment. As previously mentioned speak to Shelter/CAB or Housing Advice at Sheffield Council.

[MidsummerMan 10]

You need to go to an advice centre like a CAB. Go to your nearest one or try Sheffield Law Centre who do housing cases or the council's housing advice service (not just for council tenants). Tell them everything. It sounds like it hasn't even gone to court yet and as such it would be an illegal eviction. This could be a criminal offence by your landlord. But go to an advice service with all the paperwork (court letters, lease, etc). They should be able to help you. Just don't give in. Fight it all the way. Also, try to get the reasons for the eviction sorted out. Was it financial? Behavioural? Get to the root cause of the problem and deal with it as well as the eviction itself. Good luck.

[kaymarie 10]

the first hearing is supposed to be on 10th march, but he served me an invalid notice anyway, i was scared..... so moved because i couldnt cope with the stress of it, i suffer badly with depression and other health probs. ....so i moved to my sons.

 

When a S21 notice is served under a shorthold tenancy, the court will normally grant possession as a paper exercise, ie no hearing unless you have filed defence or if the paperwork is wrong your landlord will need to reserve you the notice and apply for possession again. Why is there a hearing? Possession under "grounds" (reasons, for example arrears, anti social behaviour etc) will certainly result in a court hearing as the grounds need to be proved.

 

Theres alot of "if what and maybe" advice on here....what tenancy do you have, how long have you been there and why exactly did your landlord want the property back?

 

This must be established first before anyone can even consider giving specific advice.

Edited March 14, 2011 by kaymarie

[kaymarie 10]

hi, he cant do that he has to give you relevant notice of his intent to dispose of your goods.

 

put it in writing to him the full claim of cost of items he disposed of, give him 7-14 days yourchoice after which time ifhe doesnt pay up for your items that he illegally disposed of you can take him to the small claims court

 

before even looking into this you need to establish what the full scenario is. Dont threaten to do this until you have taken proper advice from someone who has all of the facts surrounding your "eviction".