Housing Eviction Dispute
The client is facing an illegal eviction issue at their residence in Western Australia. A court order mandates possession of the property, citing rent arrears of approximately AUD 3,600. An eviction notice is set for a later date indicating enforcement by a bailiff. Evidence shows correspondence from a local politician, suggesting the eviction notice received may not be legally binding and recommending legal advice. Local councils are mentioned in relation to housing and rent payment issues.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal remedies are available to me in an illegal eviction case?
In cases of illegal eviction, you may be able to seek a court injunction to halt the eviction and regain access to your home. Additionally, you can apply for a mandatory order requiring the landlord to allow you back into the property. Legal aid may be available if you qualify financially. You can also report the issue to your local council's housing department, as illegal evictions are a criminal offence. Engaging a solicitor with expertise in housing law can further guide you in this process and represent you in court if necessary.
How can I prove that the eviction was illegal?
To prove an eviction was illegal, demonstrate that proper legal procedures were not followed. Key evidence includes a lack of proper notice, such as a court order or notice served by a county court bailiff, as required by law. Highlight any discrepancies in the eviction notice, such as absence of a court's seal or incorrect claimant details. Your communication with a local politician suggests that the letter you received isn't legally binding, further supporting your claim.
What compensation or damages might I be entitled to if the eviction is found to be illegal?
If the eviction is found to be illegal, you may be entitled to compensation for damages. This could include reimbursement for any costs incurred due to the eviction, such as temporary accommodation and moving expenses. You might also claim for loss of quiet enjoyment, which refers to the distress and inconvenience suffered as a result of the eviction. It is advisable to document any financial losses and emotional distress to support your claim.
What is the typical timeline for resolving an illegal eviction case?
The timeline for resolving an illegal eviction case can vary but typically involves several stages. Initially, you should seek an injunction from the county court to halt the eviction, which can take a few days to weeks. If the case proceeds to a full hearing, this could extend the timeline by several months. Factors such as case complexity and court availability affect the duration.
Are there any immediate steps I should take to protect my rights while this matter is being addressed?
To protect your rights, do not vacate the property until you have sought legal advice, as eviction must follow a court process. Keep all relevant documentation, including eviction notices and correspondence, organised for any legal proceedings. Notify your local council about the situation, as they may investigate the validity of the eviction notice.
