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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
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my landlady seized my property

Customer Question

my landlady seized my property
Submitted: 3 years ago.
Category: Property Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Can you explain your situation a little more please?

JACUSTOMER-1uusv4t2- :

DDDD

JACUSTOMER-1uusv4t2- :

kiwklskss

Max Lowry :

Hello?

JACUSTOMER-1uusv4t2- :

i can now type

JACUSTOMER-1uusv4t2- :

hang on for a sec

Max Lowry :

Okay.

JACUSTOMER-1uusv4t2- :

I got this place from a friend of mine and i ve been paying regularly for place the past 2yrs. It was a council flat, which he told me that landlady has bought over the council. I only had a verbal agreement in which i will be paying him regularly and he will be paying the landlady. I dont think he got any written agreement with the landlady. Things started going wrong when she increased the rent for the month of feb, of which we agreed to pack out. Unfortunately she broke into my room before the agreed date because she wanted to show the room to someone else. so when i came back for the weekend i saw that she forcefully entered my room, of which i called her that i will report the case to the police. She then came around that morning, and then first called the police that we were staying illegally in her flat. When the police came, they saw that we were definitely living there contrary to her claim. But told us to try and a get a place as soon as possible since we dont have any written contract but told lady that we can only leave by a court order. But myself and my friend decided to leave, so i took some of my belongings that day with the aim to take the rest of them the following weekend. When i came to take the rest of my things, she had already changed the locks and was saying that i didnt have any more belongings there. She no longer picks my calls. They have advised to get a lawyer but it too damn expensive. Later on, i found that she has not bought over the flat from the council and that she has an ongoing court case for illegally subletting the flat. i want to collect my remaining belongings and my deposit but i don't know the best way to go about it. Furthermore my friend said he was paying the rent to her brother and not the landlady herself and therefore , here is no link that we paid her.

JACUSTOMER-1uusv4t2- :

hi there

Customer:

hi

Expert:  Remus2004 replied 3 years ago.
Thank your for your question. I will try to help with this.

I see my colleague has opted out.

How can I help with this?
Customer: replied 3 years ago.


I got this place from a friend of mine and i ve been paying regularly for place the past 2yrs. It was a council flat, which he told me that landlady has bought over the council. I only had a verbal agreement in which i will be paying him regularly and he will be paying the landlady, so both of us were sharing the flat. I dont think he got any written agreement with the landlady. Things started going wrong when she increased the rent for the month of feb, of which we agreed to pack out. Unfortunately she broke into my room before the agreed date because she wanted to show the room to someone else. so when i came back for the weekend i saw that she forcefully entered my room, of which i called her that i will report the case to the police. She then came around that morning, and then first called the police that we were staying illegally in her flat. When the police came, they saw that we were definitely living there contrary to her claim. But told us to try and a get a place as soon as possible since we dont have any written contract but told lady that we can only leave by a court order. But myself and my friend decided to leave, so i took some of my belongings that day with the aim to take the rest of them the following weekend. When i came to take the rest of my things, she had already changed the locks and was saying that i didnt have any more belongings there. She no longer picks my calls. They have me advised to get a lawyer but it too damn expensive. Later on, i found that she has not bought over the flat from the council and that she has an ongoing court case for illegally subletting the flat. i want to collect my remaining belongings and my deposit but i don't know the best way to go about it. Furthermore my friend said he was paying the rent to her brother and not the landlady herself and therefore ,t here is no link that we paid her.

Customer: replied 3 years ago.

Hi, did you see my question?


 

Expert:  Remus2004 replied 3 years ago.
Yes, but I need to know what your specific question is?
Customer: replied 3 years ago.

the question is how i will i get my property back?


 

Customer: replied 3 years ago.

what we will i do to get my property back?

Expert:  Remus2004 replied 3 years ago.
I'm really sorry but if this was a council let then its very unlikely she had permission to sub let.

If she did not have permission to let to you then you are just squatters unfortunately and you do not have a right to gain access to the property.

You have a very good claim against the landlady for the rent you paid but you cannot get back into a property that you do not lawfully rent.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Customer: replied 3 years ago.

so even as a squatter, i cant get my property back. is there any legal process where i could get my property back?

Expert:  Remus2004 replied 3 years ago.
It depends what you mean by property.

You can collect your personal effects from the property.

But you cannot get an injunction order entitling you to get back in to live unless you are lawfully there.

Delighted to continue with this but please rate my answer.
Customer: replied 3 years ago.

she wont let me have my things {tv, clothings}. she is trying to possess my things for free.


 


I would rate you soon. The rating means i have finished. isn't it?

Expert:  Remus2004 replied 3 years ago.
No, you can ask follow ups. People come back literally months after rating.
Customer: replied 3 years ago.

ok, you can answer this last question and i will rate immediately afterwards. how will i get my things back? is it by reporting to the council, or reporting to the police or is by getting the services of a lawyer?

Expert:  Remus2004 replied 3 years ago.
Whats her account for this?

What explanation is she offering?
Customer: replied 3 years ago.
She is denying that i Did not keep my belongings there. She is saying i took everything when i left but i took some of my belongings but because most of it wont enter my car, i decided to come the following week to collect it, of which she is denying that my property is there
Expert:  Remus2004 replied 3 years ago.
Do you have any proof that you left your belongings there?
Customer: replied 3 years ago.
hi, i mistakenly clicked on the wrong button but so far im happy with your response. When i left with my friend so he was aware that i left my belongs there{ TV and clothes}. I will definietely give you a good feedback
Expert:  Remus2004 replied 3 years ago.
I'm not sure what you mean about clicking the wrong button?
Customer: replied 3 years ago.

Hi, i appreciate all your answers so far. I meant i clicked on the wrong button below the screen which says im not satisfied with the expert because i was using my mobile phone to reply you because i was at work. Just to get back to my question, my friend who i got the place from, saw that the TV was in my room when we left together. so i have a witness. Please tell me what is the next step for me to take so that i could rate you. So far i'm impressed with your answers .

Expert:  Remus2004 replied 3 years ago.
If you can prove you left property there and she has disposed of it without making reasonable efforts to reunite you with the property then you do have a claim against her that can be pursued very easily.

You have two options.

The first is to sue at the small claims court for the actual value of the goods. That has the advantage of being cheap and quick. Also, if she has disposed of them then she cannot give them back however unlawful her actions were.

The second is to seek a mandatory injunction at the county court forcing her to hand the goods back. Thats not a good idea. Its very expensive and ineffective. It should really be used if there is something there that is really important to you that cannot be compensated by money.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69371
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

even my witness, under which law is she allowed to dispose my things?

Expert:  Remus2004 replied 3 years ago.
Not sure what you mean?
Customer: replied 3 years ago.

You stated that she cannot give me back my property even if she has disposed them away. I told you that my friend saw the my TV in my room before we left my room. I also told you that the police told her that only the court has the right to evict us. When i came to collect my things, that when i found she has changed the locks. Furthermore, my friend paid into her account for 2 months before she changed the account to a different name. i think i have a case some how to argue. There should be a way to prove that there was a verbal agreement. Our neighbour is even aware that we have being staying there.

Expert:  Remus2004 replied 3 years ago.
Well, as I said really. If she has disposed of them then she cannot return them. She no longer has them. Its impossible.
Customer: replied 3 years ago.

Disposed them. please tell me how she is allowed to dispose herr tenant's property, or be it squatters which the police have it in their records that we actually came there. please i need a solution, i can't be intimidated this way. i know you can come with a solution

Expert:  Remus2004 replied 3 years ago.
I think I've covered this above really.

Its as I've said.

I can't copy and paste because I'm on the ipad.

In short, you would have to sue in the way I suggested.
Customer: replied 3 years ago.

ok

Expert:  Remus2004 replied 3 years ago.
No problem.

All the best.

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