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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.
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?
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.
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
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.
Originally posted by WarJohn
Was the cell clean?
Or was the cell dirty?