I travel freequently and even if I have another flat 7 mins away, I can show proof I have been there constantly throughout from Nov 2012 to Oct 2013. B told the landlord i have been gone since Nov 2012. Truth is that I have been i n hospital twice in april and June 2013 and on hospital records discharged to B (My b.f and fiance) twice and recuperated there. Anyhow does it matter how many days I stayed in that flat? I am in a joint lease with private landlord and that lease I maintain is valid. I can have a neighbor prove that she was asked to look after the 2 cats in a august 2013 while B , his dad and I were on vacation in cornwall together!!
B and I moved to the UK (we are swedish citizens exercizing treaty rights to live in the UK as EU nationals) B and I are registered partners under Swedish law but are constantly arguing after we moved to the UK. B has lied to the landlord to get a new lease under his name as sole tenant (recently, I believe as of Nov 2013)
The locks have been changed on me and I was told I have no legal right to enter that property since the new lease doesnt have my name on it.
Have you spoken to the Council yet please? Did the Landlord ever write terminating the tenancy?
No he did not write, he told me on the phone that he wrote a letter and sent it to the Dorset mews (flat in question) ..I didn't receive this letter and did not agree to my name taken out of lease.
Why speak to the council, this is a private flat with private landlord
tenant B also did not give me the letter
Did he ever get a Court order?
No course not...court order for? He the Landlord also warned me twice over the phone saying I would be wasting my time and money in pursuing this legally after I told him he did not exercize his legal duty using the break clause to remove me from a joint lease that to the best of my knowledge is still in place!
He the LL simply believed the lies B told him that i had left the UK and cannot be traced or contacted.
Have you complained to the Council yet please?
why the council
why would the council help me if this is a private lease with a private landlord?
If you have been evicted unlawfully then the Council can prosecute the Landlord for you. Further you could seek protection from the protection from eviction act 1977.
The first thing is to complain to the Council.
Second you can seek relief from the Court.
You need to write and set out your you have been unlawfully evicted and seek a remedy within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not give you a remedy then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
I am back let me read what you wrote.
If the locks have been changed and the Landlord says that the joint lease with my name on it is no longer valid, that a new lease has been signed with B as sole tenant does that mean I have been evicted ?? I have not been served any eviction notice not that i have received any.
In the scenario i have written from the start of this query, do you consider this an eviction under UK law(different countries have different definitions for legal terms)
This is my first time trying out this service on a trial basis and I have decided it is NOT worth the £33 fee .I wish to cancel my trial subcription and cancel my temporary account as of today Dec 12, 2013 and also not be charged any fees whatsoever. I have not been satisfied by the answers given by the Expert. I have outlined the scenario as best as I can yet the answers were rather vague and I was told to contact the council when this is with a private landlord and not council housing and the council has no jurisdiction whatever to help me.