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landlord lied about receiving deposit

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504 views 4 replies latest reply: 11 May 2016
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Tenant

recently been issued Section 21, that time has passed and we are still in the property, landlord applied for accelerated possesion and lied about receiving a security deposit and was not put into security deposit scheme, even though local council paid the deposit and have proof.  

what can i do?

he is now threatening to send his own bailifs to property on date of N26A Order for possesion(accelerated procedure)(assured shorthold tenancy)

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Administrator

Hi Danny

If the landlord sends his own bailiffs then that will be an illegal eviction – only court appointed bailiffs can touch your belongings and remove you from the property. An illegal eviction is a criminal offence so a landlord is risking prison and/or fines if he does this. More info here.

However, if he has an N26A Order it sounds like the bailiffs will be court ordered bailiffs. If he has that order then he would need to have provided proof that he had received and protected the deposit. So is the landlord saying a deposit was never received? I’m not a lawyer but as far as I can make out that order would only be granted if there was a deposit and it had been properly protected.

How long does the order give you to move out? The time is normally between 14 and 42 days. If you have only been given 14 days then you should be able to apply to the court for a longer period of time. It depends what you want from this situation. Either way, it might be worth contacting Citizens Advice or speaking to someone at Shelter or a Law Centre so that you understand where you stand and what will happen next.

Alex

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Tenant

Today is our eviction date 9/9/15 it was issued by northampton county court 4/9/15.

Landlord has said he is getting (HCEO) bailiffs to attend the property today to change the locks and seize property for monies owed.

Accomadation Concern have written a letter to give to landlord/Bailiff explaining that a warrant of possession is needed and that without it he is breaking the Law.

Roughly (know it varies) what timescale do we have before Court appointed bailiffs evict us?

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Tenant

Thank you by the way for your post.

On the defense papers for the N26A he stated no deposit was received.

The deposit and first months rent were paid by our council and they have those records

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Tenant

Hi there 

My previous landlord which is a housing association has lied to the reference company that I have been in constant arrears, despite the fact they have been receiving regular payments each month in full which I do have proof of.

There is an outstanding complaint against and I feel that they are holding a grudge against me, hence the reason for lying to the reference company.

Plus the landlord owes me money.

what should I do?

 

 

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