Here is a rather technical question for the Blog Clinic from Peter (not his real name) who is a tenant:
1). Possession Order was stayed. This was remitted to be treated to be treated with other issues by the Judge that would hear permission to appeal. The Judge hearing permission to appeal refused to deal on these issues remitted however denied permission to appeal. The Drawn order did not remove the stayed poossession order as per CPR40.2(2). What is the implication of this within the law?
2) Is it possible for the landlord to move our belongings from the flat without a law enforcement officer, like the bailiff or police to supervise the removal of the belongings from the flat to the store they took our things to?
3) If a law enforcement officer was there, don’t we have any right to be informed to collect our properties ourselves since we had brought a van same day of eviction but denied to collect our belongings, rather for those about half of our belongings released to us violated in the sense that placed mixed extremely and books inside plastic bags? No care to sort clothes from books etc.
4) We have looked at the Torts (Interference with Goods) Acts 1977 but we do not know how best to use the provisions in the court hearing coming up in few days time.
Here are some answers for you. Readers may have others.
1. From what you say it looks as if the possession order is still stayed, and the landlord will have to get the stay removed before he can enforce the possession order. Although from the rest of your answer it looks as if the landlord has already got possession so I am a bit confused here.
2. It will be illegal (and grounds for you to claim compensation) if your landlord physically evicts you other than via a County Court bailiff or (if the case is transferred to the High Court) High Court Sheriff.
3. You should be given warning if a bailiffs appointment is made. There will be less notice if the Sheriffs are used, but I am less familiar with their procedures. Most people, once they know the bailiffs are on their way, will take care to move out before the appointment. If the bailiffs / sheriffs have already recovered possession of the property for your landlord, then it will be up to you and the landlord to sort out a time for you to collect your belongings if any still remain there.
4. If you have not been physically evicted yet, then it is not relevant. If you have, then your landlord is not supposed to dispose of your belongings without giving you an opportunity to collect them. Ben did a post about it here.