Tenant has changed the locks: what now?
Discussion
Evenin' all,
I'm informed that my tenant has changed the locks without telling me, my agent or providing a spare set.
As she's given her one month notice, the agent instructed her that they'd be coming round to check the place prior to advertising it on the market again. Of course they can't now gain access as she's away...
What are my options and what are my rights? Can I force entry? Bit severe, but I'm thinking worst case scenario that the notice is a ruse for her to try and remain there unlawfully. Can I employ a locksmith, for example?
Grateful for your thoughts. Thanks.
I'm informed that my tenant has changed the locks without telling me, my agent or providing a spare set.
As she's given her one month notice, the agent instructed her that they'd be coming round to check the place prior to advertising it on the market again. Of course they can't now gain access as she's away...
What are my options and what are my rights? Can I force entry? Bit severe, but I'm thinking worst case scenario that the notice is a ruse for her to try and remain there unlawfully. Can I employ a locksmith, for example?
Grateful for your thoughts. Thanks.
Do NOT attempt to force entry. You would be potentially leaving yourself open to a criminal offence and/or a claim for damages.
If she won't leave voluntarily at the end of the tenancy, you're going to have to go to court to get a possession order then instruct a bailiff (or transfer it up to the High Court and instruct a High Court Enforcement Officer) to evict her.
If she won't leave voluntarily at the end of the tenancy, you're going to have to go to court to get a possession order then instruct a bailiff (or transfer it up to the High Court and instruct a High Court Enforcement Officer) to evict her.
tenfour said:
As she's given her one month notice, the agent instructed her that they'd be coming round to check the place prior to advertising it on the market again. Of course they can't now gain access as she's away...
Then they quite simply can't do the inspection/viewing, since they don't have her permission to enter her home. Keys or no keys, the agent can't "instruct" her, they can only ask her.While her tenancy is ongoing, the only way that you'll know the locks have been changed is if you/your agent attempts to enter the place when she's not there. And you need her explicit permission to do that.
tenfour said:
but I'm thinking worst case scenario that the notice is a ruse for her to try and remain there unlawfully.
If she doesn't leave at the end of the notice period, then you can start proceedings to gain possession. Until that's been granted, she's there lawfully, and it would be unlawful for you to try to gain entry without her permission.I know a couple of people who had to do this in rented accommodation as the LL had a habit of entering to check the house without giving any notice. He was told he could either have the old locks put back on or the new keys when they left.
They have since done it in every place as a matter of their own security. Annoying for the LL but not illegal and is now a habit for them when they move house.
They have since done it in every place as a matter of their own security. Annoying for the LL but not illegal and is now a habit for them when they move house.
patmahe said:
No much help to you OP but hearing crap like this is exactly why I've opted to sell rather than rent my house. Life is just too short.
We live abroad now, so better to have the money doing something and getting a monthly income from it that being sat in a fund or something.It is a ball-ache though!
Thank you all for your replies so far. Much appreciated.
As you may have guessed from my tone, the tenant has form and so this is just another challenge she's thrown at me. However, rules are rules and I shall respect her rights to refrain access until the termination of the lease.
Fingers crossed she leaves on time.
As you may have guessed from my tone, the tenant has form and so this is just another challenge she's thrown at me. However, rules are rules and I shall respect her rights to refrain access until the termination of the lease.
Fingers crossed she leaves on time.
garyhun said:
Do you know why the tenant has done this, OP?
Maybe the agent has been a little too 'aggressive' with inspections in the past? Worth finding out the reasons.
To be fair to her, she is - on first encounter- a sweet little old lady and hence, she's probably just trying to protect herself. She has been an utter pain in the arse though. Long story.Maybe the agent has been a little too 'aggressive' with inspections in the past? Worth finding out the reasons.
We'll be using a different agent hereafter. He has proved himself mediocre, which in a crowded London market, is not something I'm willing to accept.
What does the tenancy contract say regarding changing of locks and your entry notice period (including if you are unable to contact them)?
My previous contracts have stated that the locks can be changed, but keys must be given to the agency, or entry will be gained via a locksmith (chargeable to them).
Notice period was seven days. Emergency contact details were shared in the event that access needed to be obtained in 24 hours, but only with the agency representative in tow.
My previous contracts have stated that the locks can be changed, but keys must be given to the agency, or entry will be gained via a locksmith (chargeable to them).
Notice period was seven days. Emergency contact details were shared in the event that access needed to be obtained in 24 hours, but only with the agency representative in tow.
BobSaunders said:
What does the tenancy contract say regarding changing of locks and your entry notice period (including if you are unable to contact them)?
My previous contracts have stated that the locks can be changed, but keys must be given to the agency, or entry will be gained via a locksmith (chargeable to them).
Notice period was seven days. Emergency contact details were shared in the event that access needed to be obtained in 24 hours, but only with the agency representative in tow.
No changes to locks. Notice is 24 hrs.My previous contracts have stated that the locks can be changed, but keys must be given to the agency, or entry will be gained via a locksmith (chargeable to them).
Notice period was seven days. Emergency contact details were shared in the event that access needed to be obtained in 24 hours, but only with the agency representative in tow.
tenfour said:
BobSaunders said:
What does the tenancy contract say regarding changing of locks and your entry notice period (including if you are unable to contact them)?
My previous contracts have stated that the locks can be changed, but keys must be given to the agency, or entry will be gained via a locksmith (chargeable to them).
Notice period was seven days. Emergency contact details were shared in the event that access needed to be obtained in 24 hours, but only with the agency representative in tow.
No changes to locks. Notice is 24 hrs.My previous contracts have stated that the locks can be changed, but keys must be given to the agency, or entry will be gained via a locksmith (chargeable to them).
Notice period was seven days. Emergency contact details were shared in the event that access needed to be obtained in 24 hours, but only with the agency representative in tow.
mondeoman said:
tenfour said:
BobSaunders said:
What does the tenancy contract say regarding changing of locks and your entry notice period (including if you are unable to contact them)?
My previous contracts have stated that the locks can be changed, but keys must be given to the agency, or entry will be gained via a locksmith (chargeable to them).
Notice period was seven days. Emergency contact details were shared in the event that access needed to be obtained in 24 hours, but only with the agency representative in tow.
No changes to locks. Notice is 24 hrs.My previous contracts have stated that the locks can be changed, but keys must be given to the agency, or entry will be gained via a locksmith (chargeable to them).
Notice period was seven days. Emergency contact details were shared in the event that access needed to be obtained in 24 hours, but only with the agency representative in tow.
garyhun said:
Do you know why the tenant has done this, OP?
Maybe the agent has been a little too 'aggressive' with inspections in the past? Worth finding out the reasons.
unfortunately the over hair producted pointy brown shoes and shiny blue suit tMaybe the agent has been a little too 'aggressive' with inspections in the past? Worth finding out the reasons.
ts that pass for letting agents seem to have a big hole in their expert knowledge where it comes to quiet enjoyment. It doesn't matter what you put in your tenancy agreements if they are in conflict with statutory rights.
Certain rights can't be signed away by the tenant, and tenancy agreements seem to be a very common area where contracts contain all sorts on unenforceable b0llocks.
Until your tenant voluntarily leaves or is removed by bailiffs/court officers they have a right to peaceful enjoyment. If you don't like it you probably shouldn't be in the rental market. Sooner or later you'll probably get one of the really bad tenants.
Certain rights can't be signed away by the tenant, and tenancy agreements seem to be a very common area where contracts contain all sorts on unenforceable b0llocks.
Until your tenant voluntarily leaves or is removed by bailiffs/court officers they have a right to peaceful enjoyment. If you don't like it you probably shouldn't be in the rental market. Sooner or later you'll probably get one of the really bad tenants.
oceanview said:
I am not sure , however if this is ok with the latest legislation??
If by OK you mean results in a criminal conviction then sure. You think threatening someone is a good start after breaking in to what is "their" house? You may be one of the reasons why the law is as it is now.oceanview said:
In an ideal world, it would be fully acceptable to break back in , make it known that they buck there ideas up or leave sharpish otherwise things might take a turn for the worse. I think this is fair.
I am not sure , however if this is ok with the latest legislation??
No it wouldn't. It really wouldn't be acceptable at all. The tenant has changed the locks which is their right. Any other prospective actions she may or may not take are purely speculative so far. A missed inspection because she's out of the area is not reason to break in. What tosh. I am not sure , however if this is ok with the latest legislation??
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff