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just done 50 hours in a police cell

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posted on Apr, 20 2012 @ 07:10 PM
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Originally posted by teapot
reply to post by davesmart
 


Rough s* man! Feel for you. Police once took someone else's word against me and I was 'processed', including charge. Innocent until proven guilty is a joke in this country. Police are not called plod for nothing.

Did you counter complain? Press charges for theft of the items the landlord removed? Is there a Housing Aid centre near you? They may be able to help provide support or advocacy because even though you did not have a written agreement, I'm pretty sure the law says that by accepting your rent payments for so many years, the relationship between you and the landlord was that of 'landlord and tenant' and this would imply tenancy? In which case, he illegally evicted you as he should have served notice. You could probably sue for damages. Especially if the criminal damage case is found in your favour (by proof/reasonable doubt over ownership of the now defunct white goods).

Another thought; it occurs to me that problems only arose because you advised him you intended applying for housing benefit? My daughter had a dodgy landlord and when she was out of work, applied for housing benefit only to learn the landlord was already collecting housing benefit on the property! The landlord was charged with fraud!

Not sure about the weaponary. Could they be classed as antiquities? Might be helpful if they can.





hya
thx so much for your advice
i have spent hours studying what you said
i think ive got the stupid evil bugger
cant say anymore, but your bloody right
cheers pal
dave
edit on 20-4-2012 by davesmart because: (no reason given)




posted on Apr, 21 2012 @ 03:07 AM
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Originally posted by davesmart
I'm pretty sure the law says that by accepting your rent payments for so many years, the relationship between you and the landlord was that of 'landlord and tenant' and this would imply tenancy?


Legally there is no doubt you had a tenancy agreement. A contract doesn't have to be in writing. If you have paid rent for your flat for 11 years and the landlord has been accepting it, you are landlord and tenant.

I did some research on English law


You have a tenancy agreement and it appears to be a shorthold tenancy.

The landlord has a right to repossess the flat if you owe at least two months’ or eight weeks’ rent.

The landlord cannot evict you without a possession order from the court unless the agreed period of the lease has come to an end.

If there was no stated/agreed lease period, the length of the tenancy agreement is

(1) implied by the actions of the tenant and landlord

or more likely if no length of tenancy is implied

(2) he must give you reasonable notice to end the lease, which in this case would appear to be two months.

www.communities.gov.uk...

Assuming that the landlord has legally evicted you (which doesn't look like the case at all) he has a right to seize your property left in the flat (a right of lien) under English law.

Goods he can't seize are

• wearing apparel (clothes)
• tools, apparatus and books of a trade orprofession
• school books
• a family library
• family portraits and pictures
• one couch, two living room chairs and a dining table and chairs
• beds and bedding
• kitchen furniture and utensils
• food and foodstuffs
• medicine and medical supplies
• one automobile and one truck
• agricultural implements
• children’s toys not commonly used by adults

recenter.tamu.edu...

You said he had thrown your daughters goods in the bin. He had no right to do this if it was clothes, toys or school books.


To put a narrative on this.

You said you had been in the property for 12 years .You have a tenant/landlord lease with your landlord. You had a legally binding lease. Just because nothing was ever signed doesn't mean there was no agreement.

The landlord is entitled to repossess the property if the period of lease has come to an end. No period was ever agreed so he needed to give you reasonable notice. This is likely to have needed to be 2 months in writing.

If your rent was 2 months behind and he hadn't given you 2 months notice, he has a right to repossess the flat. He needs to have obtained a court order.

Once he has legally repossessed the flat (which he hasn't by the looks of things) he has a right to seize your things to pay for the unpaid rent. You said your fridge and micro and washing machine cooker were there.

If he had legally removed you from the flat, he then 'owned' those goods. If he hadn't legally removed you from the flat (which looks to be the case) those goods were still yours.

I can't really comment anymore with the information you have supplied.

Did the landlord give your 2 months written notice?



edit on 21-4-2012 by ollncasino because: (no reason given)



posted on Apr, 22 2012 @ 12:21 PM
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reply to post by ollncasino
 


hi oll

thx sir
no the bugger gave me no written notice
no tenancy agreement
i also had to buy old 50 pences of him for the 50p meter
ive done some research and have seen his statement
he states
when removing my property he came across 2 handguns and live ammo
(The C.I.D said this to me prior to interview)
he said he had them in his shop for a couple of monthes...
anyway thanks to all u for your advise
im expecting suspended jail for breaking in
the ammo is a different case
anyway thx all
dave



posted on Apr, 22 2012 @ 12:40 PM
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Was the cell clean?

Or was the cell dirty?



posted on Apr, 23 2012 @ 05:22 AM
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Originally posted by WarJohn
Was the cell clean?

Or was the cell dirty?




hahaha
yes the cell was clean
and food and tea were there wen requested
the police were brill
till you get to the court cells
the screws there are bastards
the police doctor doped me up with diazepam
and the court screw dragged me into court whilst drowsy
and i fell over lol




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