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Changed locks

Started by Gino, March 03, 2021, 11:16:00 PM

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Gino

Are there any Landlords that have faced prosecution for changing locks and what were the consequences...I let a guest stay at my property temporarily while she looked for somewhere else, it soon became evident after that she had no intention of leaving, i didn't give her a contract or charge rent she was purely a guest. I was living there at the time but had to move out to care for my ill mother. I gave her plenty of notice to leave but she wouldn't so i changed the locks and now she is suing me for harassment and illegal eviction although she never was evicted and also made a false allegation of assault which i was not charged for.
Can anyone tell me what sort of punishment i can expect as she is even faking illness and emotional stress, she's not paid any rent or bills for 2 and a half years and i have been banned from visiting my property.
I would be very interested to hear from anyone in a similar situation
Gino

KTC

You need to get yourself a lawyer.

It is not clear whether you are asking about the maximum penalties if you are sued civilly or prosecuted criminally. You also have not mentioned what jurisdiction you're in, which obviously make a difference. I'll assume England for my reply.

Civilly, see Shelter: https://england.shelter.org.uk/legal/possession_proceedings_and_eviction/illegal_eviction_and_harassment/occupiers_legal_remedies

Criminally, the offence of harassment under the Protection from Harassment Act 1997 carries a maximum penalty of six months imprisonment and unlimited fine. The maximum for an offence of illegal eviction (or its attempt) is two years imprisonment and unlimited fine.

Have you spoken to a lawyer yet?

Gino

Hi thanks for the reply
Its a civil matter in the high court London. I do have a solicitor on the case.

HandyMan

Quote from: Gino on March 03, 2021, 11:16:00 PM
I let a guest stay at my property temporarily...

it soon became evident after that she had no intention of leaving...

i didn't give her a contract or charge rent she was purely a guest...

I was living there at the time but had to move out...

I gave her plenty of notice to leave...

she's not paid any rent or bills for 2 and a half years...

i have been banned from visiting my property...

So many questions come to mind.

It feels like you being selective in what you say and are only giving half the story.

Nobody can advise unless you give the details accurately and fully




Inspector

Quote from: Gino on March 03, 2021, 11:16:00 PM
Are there any Landlords that have faced prosecution for changing locks and what were the consequences...I let a guest stay at my property temporarily while she looked for somewhere else, it soon became evident after that she had no intention of leaving, i didn't give her a contract or charge rent she was purely a guest. I was living there at the time but had to move out to care for my ill mother. I gave her plenty of notice to leave but she wouldn't so i changed the locks and now she is suing me for harassment and illegal eviction although she never was evicted and also made a false allegation of assault which i was not charged for.
Can anyone tell me what sort of punishment i can expect as she is even faking illness and emotional stress, she's not paid any rent or bills for 2 and a half years and i have been banned from visiting my property.
I would be very interested to hear from anyone in a similar situation
Gino

Can you expand on how you have been banned from your property please?

Gino

Hi because she made an allegation of assault which wasn't true., at the court hearing i was told i can visit with 48 hours notice or go to prison, even with notice she doesn't allow entry to myself or the gas and EPC engineers, she has been damaging the property ripped up all the good  carpets and stealing my belongings opening and discarding my mail also but the police are not interested.

Inspector

Sounds like a nightmare situation. You definitely need to take legal action.  As far as changing the locks is concerned I guess it will come down to if the courts agree if there is a tenancy or not.

We get lots of posts here and never hear the outcome.  Would be good to hear updates on this one.

Allybops

On the face of it by what you have written  it sounds like a house guest that has outstayed her welcome. Myself I would just have slung her out by the scrag of her neck at the very start. But I cannot think their is more to the story than what has been said. Keep us posted on how you get on.