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Ask Max Lowry Your Own Question

Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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My tenancy agreement is finished on 30th September 2013, my

Customer Question

My tenancy agreement is finished on 30th September 2013, my landlord gave me one month notice on 19 August 2013, the council said that its illegal notice, they should give us 2 months notice. The council said that we have a right to stay in the property until possession order is granted by a county court. He is threatening us in different ways. Today the landlords son came inside and yelled at my father that when you going to leave the house and his another brother called my dad in other room meanwhile he took my room keys and my laptop. I went to police station and told them to protect us from the landlord and even I showed him my tenancy agreement but I want to know that what is the legal process if I couldn't find a house in one month?
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to the site. My name is Max and I will help you with your question.

Max Lowry :

The police should take action on your behalf. What they are doing sounds like unlawful harassment with a view to unlawfully evicting you from the property. This is a serious offence.

JACUSTOMER-xhanory2- : Today the police told me that they have arrested the landlords son who has taken the laptop
Max Lowry :

Yes, that doesn't surpise me that they should arrest him!

JACUSTOMER-xhanory2- : but they don't have any proof whether he took it or not
Max Lowry :

They might not be able to convict him, but part of investigating is arresting and interviewing.

JACUSTOMER-xhanory2- : So they told me if he commits that he has taken it and tell us where is it then we can give your laptop back
JACUSTOMER-xhanory2- : but if he denies so we can't do any thing
Max Lowry :

It might be difficult to take it further unless they can show beyond all reaonable doubt that he took it. The criminal standard of proof is quite high.

JACUSTOMER-xhanory2- : So I just want to know whether I can live in the. House if my tenancy agreement has expired because I couldn't find the house until now
Max Lowry :

Yes, you can stay there until a court orders you to leave. A one month notice is likely to be defective, as it's usually 2 months under an AST that is used.

Max Lowry :

This is what the council are telling you - they know what they're doing, they see this all the time.

Max Lowry :

So you just carry on as you always have, continue paying the rent, and remain there.

Max Lowry :

Only when a proper notice is served and the court makes an order do you have to leave.

JACUSTOMER-xhanory2- : But why is police asking me to leave the house immediately as possible
JACUSTOMER-xhanory2- : because landlord can come inside anytime
Max Lowry :

They're probably saying that to try and keep the peace, make their job easier!

Max Lowry :

Landlord cannot come in legally whilst you are there without your consent.

Max Lowry :

The police can, and will, stop him if you involve them and tell them he is trying to evict you without a court order.

JACUSTOMER-xhanory2- : i told that to the police but they told me that if I would be the landlord I would have sued u
JACUSTOMER-xhanory2- : So now what I can do and where should I can go for help
Max Lowry :

The police are not civil lawyers - they deal with keeping the police and prosecuting crime. Don't ask too much of them to expect them to advice you properly on landlord and tenant law, it's not their job.

Max Lowry :

You go back to the police for help and tell them you want to make a complaint that the landlord is trying to evict you unlawfully.

JACUSTOMER-xhanory2- : I told them but they said totally different as to what you are saying
Max Lowry :

Then you should ask to see a more senior officer.

JACUSTOMER-xhanory2- : But I don't know any senior officer
Max Lowry :

I don't expect you would know them, but you just need to ask to see one and make a complaint.

Max Lowry :

That is a standard complaints process.

JACUSTOMER-xhanory2- : And they told me that if the landlords going to take the order and call us so we have to kick u out of the house
Max Lowry :

Sorry, I don't understand what you mean?

JACUSTOMER-xhanory2- : Police said to us that if the landlord gets the order then we have to kick you out
Max Lowry :

If the landlord gets the order, then yes, they can help bailiffs remove you.

Max Lowry :

BUT the landlord doesn't have the order, does he?!

Max Lowry :

And, he will not get it, if he has served short notice of 1 month.

JACUSTOMER-xhanory2- : Order by court right ?
Max Lowry :

That is why the council are telling you that the landlord has done wrong.

Max Lowry :

Yes, order by the court.

JACUSTOMER-xhanory2- : is it not possible that police can't stop the landlord entering the house without my permission
Max Lowry :

The police will stop the landlord re-entering without a court order- it's their job.

They will do this - you may have spoken to one officer who was not very good. Ask to see a more senior officer.

JACUSTOMER-xhanory2- : can u send an application on behalf of us to the forest Gate police station, in east london
Max Lowry :

I can't I'm afraid, you would just need to pick up the phone and ask to see somebody, there are no application forms.

Using the police is very easy.

Max Lowry :

They don't let us do anything outside of this website unfortunately.

JACUSTOMER-xhanory2- : So can I file a case against the landlord for what all he had done today with us
Max Lowry :

Yes, you can do this.

JACUSTOMER-xhanory2- : so what will court do for us for the stressful situation we are goin through
Max Lowry :

The court can award you an injunction to prevent the landlord doing this again, and it can award compensation too.

Max Lowry :

The police is the easiest and quickest way though in most cases to stop this kind of behaviour.

JACUSTOMER-xhanory2- : what do u mean by compensation ?
Max Lowry :

A sum of money.

JACUSTOMER-xhanory2- : Sir how long can I talk to you here
Max Lowry :

It can sometimes be the difference between the value of the house itself with and without a tenant.

JACUSTOMER-xhanory2- : and how much you going to charge
Max Lowry :

You can chat with me a short while longer, I'm happy to clarify any points for you.

Max Lowry :

the only cost is what you have already paid to the site - nothing more.

JACUSTOMER-xhanory2- : So how much more time do I have to chat with you ?
Max Lowry :

Would you be happy with another 10 minutes? Say, until 7.15pm?

JACUSTOMER-xhanory2- : Yes
Max Lowry :

Okay.

JACUSTOMER-xhanory2- : The landlord has also started the construction work in the kitchen area
JACUSTOMER-xhanory2- : 20 days before
Max Lowry :

Whilst you are still there?

JACUSTOMER-xhanory2- : And just 10 days before he stopped the work
JACUSTOMER-xhanory2- : yes
Max Lowry :

Was he working in the house whilst you were there?

JACUSTOMER-xhanory2- : So right now I don't have a kitchen to cook, sink wash dishes
Max Lowry :

Has he done this with a view to making it hard for you to stay there?

JACUSTOMER-xhanory2- : and I wash my dishes in the bathroom into the tub area
JACUSTOMER-xhanory2- : iYes I even complained private housing sector
JACUSTOMER-xhanory2- : and they are even coming on Tuesday
Max Lowry :

Then again, this really is something you need to explain to the police, and make the point that he is trying to force you to move out without a court order and that you want to make a complaint.

Max Lowry :

I think if you put your complaint in this way, the police will take action for you.

JACUSTOMER-xhanory2- : But the police is saying that your agreement is expired
JACUSTOMER-xhanory2- : So the landlord can force u to leave
JACUSTOMER-xhanory2- : But uptil now I haven't received any court orders
Max Lowry :

There is a lot of useful information on this type of issue, about unlawful evictions etc., here: http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/illegal_eviction

Max Lowry :

The police are wrong.

Max Lowry :

You need to ask to speak with a senior officer, such as an Inspector or above. I promise you, you will get a different approach.

JACUSTOMER-xhanory2- : So then what should I do ?
JACUSTOMER-xhanory2- : ok
JACUSTOMER-xhanory2- : so can I call them now
Max Lowry :

Yes, you can call the police at any time.

JACUSTOMER-xhanory2- : cannow an we email them sir ?
Max Lowry :

Tell you what, give them a call, tell them what I've told you and ask for a senior officer, and if you don't get this resolved to your satisfaction, let me know?

Max Lowry :

I can't get in touch with them for you, as I said, I can only answer your questions here. The police are best dealt with by calling them anyway.

JACUSTOMER-xhanory2- : sir can I get your number
JACUSTOMER-xhanory2- : if its possible
Max Lowry :

You can't - only communication via this site.

JACUSTOMER-xhanory2- : ok
Max Lowry :

Go call them and mention what I've said to them. You can come back to me on here tomorrow.

JACUSTOMER-xhanory2- : Ok sir
Max Lowry :

In the meantime, would you rate the answer as highly as you can for me please. Then, I will be happy to follow up with you tomorrow.

JACUSTOMER-xhanory2- : thanks alot
Max Lowry :

Thank you - hope it goes okay.

Max Lowry :

You're more than welcome.

JACUSTOMER-xhanory2- : fora lot for your advice
JACUSTOMER-xhanory2- : I hope so
Max Lowry :

Good luck.

JACUSTOMER-xhanory2- : Everything is gonna be fine
Max Lowry :

It will :)

JACUSTOMER-xhanory2- : Ok bye then :)
Max Lowry :

Goodbye. Please remember to rate the answer for me.

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