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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How do I apply injunction to prevent illegal evicti

Resolved Question:

How do I apply for an injunction to prevent illegal eviction?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.
Hello. Yes - long story short. I have an Assured Shorthold Tenancy agreement to live in a shared house with other tenants which was issued when the Landlord lived elsewhere. I have already been illegally evicted once and was very ill for about two months. The Landlord let us back in within 24 hours after realising it may be illegal and before I managed to get an injunction. I do not have anywhere else to move and am on a low income - I am trying to sort something with a last resort of possibly asking the council to rehouse us once we had a possession order. The Landlord said, after we were let back in, he would apply for a possession order. I then received one month's notice to quit (which was confusing as I had already had a Section 21) and told they would apply for possession if I had not moved within the month. I have now had a letter from their Solicitor saying they don't accept I have a tenancy and the Landlord is within his legal rights to lock me out if I haven't moved out by Friday. Clearly I don't want to be locked out on Friday and I don't know what to do.
Expert:  Ash replied 1 year ago.
Thanks - is there a possession order currently in place?
Customer: replied 1 year ago.
The House I live in was divided into two houses and the Landlord lives next door in an adjoining house but is now saying I share a house with him. I have already had the tenancy confirmed by a Solictor as being an Assured Shorthold tenancy as the Landlord lived elsewhere when it was issued. I am the last tenant in the shared house now.No there has not been a possession order - that is what I was expecting to get and their Solicitor has now sent a letter saying he doesn't need one and can just lock us out.
Expert:  Ash replied 1 year ago.
Ok - then you should get an injunction asap. If there is an AST then they MUST have a possession order.But you need to complete forms N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16a:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court will set the matter down for an urgent hearing and decide whether to grant an injunction.If the Court does and it is breached this may be contempt of Court which they may be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Yes please - does that mean I can apply for an injunction now and not wait until after I am locked out. I don't understand why they are doing this because they all know there needs to be a possession order - I think they are hoping they can just say I am a lodger or something and have maybe not been completely honest with their own Solicitor. I have it in writing from their Solicitor that the Landlord will either apply for a bailiff or lock us out after 5pm Friday. And today they took away the back door key.
Expert:  Ash replied 1 year ago.
Yes you can do it now, beforehand. If they have threatened being locked out then you can seek an injunction NOW.Does that clarify?Alex
Customer: replied 1 year ago.
Yes thank you - except the threat is from their Solicitor so that confuses me as to how I can do it.
Expert:  Ash replied 1 year ago.
Indeed. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Customer: replied 1 year ago.
Thank you. Apologies for asking one more thing. If the threat is from their Solicitor and says I do not have any rights and the Landlord can legally lock me out, then surely that sounds more convincing than me without a Solicitor.
Expert:  Ash replied 1 year ago.
If you have a tenancy or you occupy the property without a live in Landlord, they MUST get a possession order first.Does that clarify?Alex
Customer: replied 1 year ago.
Thank you - what I meant was - is it still classed as a threat if it is from a Solicitor rather than from the Landlord?
Expert:  Ash replied 1 year ago.
Yes because the Solicitor acts as agent for the Landlord.Does that help?Alex
Customer: replied 1 year ago.
Yes thank you. Best wishes. I am so nervous - can I do the injunction on my own - I don't think I could get a Solicitor to do one quickly enough as they don't seem to have appointments before Friday.
Expert:  Ash replied 1 year ago.
I would see Citizens Advice, you may get legal aid. But if I could ask you to rate before you go and best of luck. Alex
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Customer: replied 1 year ago.
Thank you.
Expert:  Ash replied 1 year ago.
Good luck. Alex

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