UK Landlord Forum / Life

Hi, I own  a house that is rented on a AST, The Tenants have not payed the rent for months. They have moved into another property but will not return the keys or give up the tenancy. I am in the Advanced stages of going to court on a section 8 to get my house back and rent areas. However i have noticed that they have changed the house locks this last week no doubt just for spite. What is the legal position on such a thing? Thanks

If a tenancy exists, the Tenant has the right to change the locks - however, the originals must be returned (everything undamaged) at the end of the tenancy.

Hi thanks Hippogriff, If the keys and old locks are are not returned at the conclusion of the tenancy however it ends will it be a police matter? I have already involved the police to stop them steeling the fixtures and fittings from the house.

More usually a deposit issue, I would think... but this sounds like a more challenging scenario. Obviously, if you involved the Police before, my assumption is that they were actually in the process of removing fixtures and fittings... not that it was something you suspected they might do? Once the tenancy has ended, you would - I suppose - get the locks changed (again, I mean - you'd not want there even to be chance they had the previous keys or current keys, right?) and charge them for it.

Situation seems to be - original locks (both parties had keys), new locks (only Tenants have keys and won't provide to you)... not much else you can do but change them again (at the right time) and I can't see any deposit resolution adjudication going against you for those costs. Also, once it's all done-and-dusted chase them for anything else outstanding beyond the deposit.

Hi Thanks, They are so far behind with the rent that no deposit would touch it. They were steeling the fixtures from the house and the police have made them put them back and warned them of their future conduct. I am hopeful that the policeman who is sympathetic to my situation will get my house keys back so i do not have to employ a locksmith. After all theft is theft.
This is my first tenancy and it has been a sharp learning curve. I will keep the forum posted as to the outcome, Thanks

Yes, but, if you get any keys back that the current Tenants have had access to... well... you open up a whole new set of risks.

Might be best to employ a locksmith and get a new lock with new keys that the Tenants have never had access to and cannot have made copies of.

Belt, braces and sock suspenders.

Oh yes brand new locks are defiantly necessary, however i need the old keys so i can remove the old locks and slide new locks in. Otherwise it will be 150 pounds for a locksmith.
Thanks for your first rate advice, i wish i had found this site 3 month ago i would have saved myself a lot of time and stress. I will keep you posted. Allybops.

Quote from: Hippogriff on May 24, 2014, 08:10:03 AM
If a tenancy exists, the Tenant has the right to change the locks...

BTW May I ask? Does the tenant have this right in law? Because in the Tenancy Agreement that my letting agents use, there is a clause prohibiting  my tenant from changing the locks or the cutting more keys. Is this a workable clause? Or does the tenant have an absolute right to do as they please?

As for it being explicitly defined in law, I am not sure... but I do think your AST clause is unworkable. When someone signs a tenancy agreement they own that piece of land / house / flat for a defined time... along with that comes the right to change the locks. However, maybe a clause that states the Tenant cannot change the locks without the Landlord's permission or on the proviso that a new set of keys is given to the Landlord could be workable - however, in my mind, that negates the likely purpose of the Tenant wanting to change the locks in the first place... one would assume that reason would be something like an intrusive Landlord.

http://england.shelter.org.uk/get_advice/private_renting/about_private_renting/landlords_responsibilities

"If you don't want your landlord visiting without your permission, you may even be able to change the locks. If you do decide to change the locks, keep the old ones and put them back in, undamaged, when you leave the tenancy."

Technically you only need to gain entry, not get a locksmith.

Although TBF I suppose it's the same thing.

And if the tenant is a twat you are not getting the keys, the Police cant help, and you need to act quickly.

You can change the lock though, just get entry from a locksmith. ( Although often cheaper and easier to remove a window pain.)

I think i need to explain the situation i am in more fully. The tenants vacated the house in early april, they left it with the back door unlocked and all the windows open so i moved in to secure the house. I made the police aware of my intentions. 2 days later the tenants took the house back saying they had not finished with it. They have been given a section 8 for rent areas, court hearing in late june. since then they have left the house in just the same state with the doors and windows open. The police instructed me to secure the house down again.
When i got in i saw they had been nicking cupboards blinds and curtain poles and who nows what else. I got the police to make them put it all back.
So now the house is empty apart from junk the tenant did not want, The back door is held shut by nothing more the security chain so i cannot get in, the front door is not locked and i have no key for it, and the inner porch door is locked with a new lock.
Now i know it takes a court order to formally end a tenancy, but their must be a point in law where a landlord can say this house is abandoned and can secure it down properly Thanks Allybops.

If the property has not been formally surrendered or the tenancy brought to an end, then the Tenants could be within their rights to accuse you of illegal eviction.

If you take a call on this, and think that you're never going to see or hear from them again, then you could take the risk... I, personally, probably wouldn't. The fact that you thought they had left in early April, but then returned, says to me that they could return again... yes, it's a long time ago since early April (plus a couple of days) but what if?

Hopefully, the most positive thing is that your Court hearing in happening pretty soon and then things will be much clearer. I'd hope anyway.

Look up the penalties for illegal eviction and try to balance this against the action you want to take.

My assumption - here - is that there is no contact with these Tenants and they would absolutely not agree to a surrender? This would be where the Tenant writes to you giving a notice to quit and returns the keys. Seems unlikely from what you've been saying.

I would be nervous about taking matters into my own hands.

See I wouldn't I'd be in there like a shot, now.

You have a duty in law to mitigate your losses, and if they are not at home, crack on.

Take a witness, take pictures, if you have a way of making contact, write giving notice of your actions.

But crack on, otherwise they are just continuing to shit on you from a great height, no magistrate would think your action were unreasonable. EVER.

But me and Hippo have different ways of doing things, his is probably safest mind, but bollocks to that , another month is another month of no rent, if someone was taking £200 a week out of your wallet, no amount of scare mongering about assault charges would stop you punching them in the face.

If you decide to go for it, I'd certainly be doing things, as said, like forewarning the Tenant, taking a witness, taking a recording device... just protect yourself as much as you can and don't think any effort, in protecting yourself, is too much effort... better than a fine and the threat of clink.