UK Landlord Forum / Life

Right, I have sent form N5b to the court and the relevant paperwork requesting accelerated possession of my flat from my cow of a tenant who has missed 2 months rent. I issued S21 as we are selling the flat. Since then she's failed to pay rent.
My question is, as she's not paying can I just change the locks as she's living rent free??? I know I've asked a similar question on here before, but I've just read on a page on this website that there are two exceptions where you can change locks... 1) being if landlord lives with you in property and 2) if they don't pay rent....
Is this correct???
Cheers. Danny

I suspect you may have read something wrong.

I'm not sure what you're referring to, but maybe it means there is no rent due (and there never was)... i.e. it's not a proper Landlord / Tenant situation where the Tenant is expected to pay the Landlord any rent... like when you are you and the 'Landlord' is your mum or something... you might not pay any rent, therefore it's more acceptable / legal for your mum to change the locks on you if you're very very very naughty or don't eat your greens or don't do the washing-up or something.

I cannot believe that it would mean that when the Tenant has stopped paying rent... which is different from not being expected to pay rent at any time. Of course, you can change the locks on a Lodger quite easily, but that is not the case here.

Do not go in and change the locks. None of us here want you to commit a criminal offence. Illegal eviction is simply that.

I remember your previous post now... it's good that you are continuing to research stuff but, in this case, the advice still stands - be patient, deep breath, do it by the book. You've been taken for a ride... don't add injury to this insult.

Remember - http://www.legislation.gov.uk/ukpga/1977/43

Cheers pal... Great advise as usual... I just can't believe how long we have to wait to get our property back... We can't afford to let her stay much longer. Draining us dry :-(

Danny

Hi Danny,

As already said, a landlord is definitely not allowed to change the locks if the tenant falls into arrears. It's annoying, I know!

Secondly, did you serve the section 21 under the correct grounds, and not just because you are selling the property e.g. the tenancy is periodic or the fixed end-date is approaching?

also worth asking if the S21 was served in line with the correct date and if the deposit was registered.

thought it worth a mention to ensure you've not served an invalid notice.