Landlord Changed Locks Tenants Rights??

WardysGirl

Hey all

Im posting on behalf of a friend and hoping someone can help them out.

They originally privatly rented a 5 bedroom house i Feb 2003.

Approximatly July 2004 The boiler stopped working and they were left with no heating and hot water, the landlord was informed the boiler was condemed and provided them with 2 electric heaters temporarily, 1 of those blew up after 4 weeks and the landlord was informed and did nothing about it.

They lived in the house for 45 months approximatly whilst paying full rent with no heating and hot water, whilst contacting the landlord every week with regards to the issue.

They have withheld the last 2 months rent to try and prompt the landlord into doing something about the problem which unfourtunatly didnt work.

They have now been in new accomodation which they sought for themselves and they moved out of there on the 18th October this year.
The rent was last paid on the 28th September this year.

There has been no notice to quit and no eviction notice, the only contact from the landlord has been today in which they received threatening text messages from the landlord.
In the last 3 days the landlord has changed the locks to the property despite them not handing in their notice or being given any written notification for eviction.

The problem they have is that they still have quite a lot of belongings in the property, which they want back.

Legally where do they stand? Can they enter the property and get their belongings?

PasturesNew

How very peculiar.

They lived for nearly 4 years without heating/hot water - and it never occurred to them to move?

They withheld rent, but are surprised when 2 months later the landlord changed the locks?

They still had their stuff in the house, yet they moved out on 18 October?

I've no idea where they stand. It's all most odd behaviour on the part of your friends.

I suppose the answer is: the landlord should not have changed the locks, he should have issued them with a Section 8 for non payment of 2 months' rent and taken them to court to get them out.

Why did your friends not simply move out sooner? Or move all their stuff out after they'd decided to stop paying rent?

botchjob

blimey, lots of issues here. I fear your friends were rather foolish to move out but leave their belongings at the property. They have broken the contract and, strictly speaking, the law is on the landlords side. It depends a bit on how professionally they handled the situation (formal letters?) although the fact that they put up with nearly 4 years of no proper heating suggests that the answer is 'not very'. Your friends owe the landlord money, which he can pursue them for through the courts. I doubt v. much that he'll just let them back in to collect their stuff, even if legally he has no right to keep it. Doesn't sound good to me....

poppysarah

Landlord has been bad. They've been naughty and a bit stupid not taking everything in one go.
They should ring shelter or go see CAB. Don't think they should delay as their stuff could be at the tip very soon.

Imp

By moving out, it could be argued they surrendered the tenancy, one of only two ways that a tenancy can end, the other being a court order. The landlord should give them their things back and everyone walk away having hopefully learnt some lessons.

WardysGirl

The Landlord had them over a barrel really, they couldnt afford to save a new deposit, because his rent was so high, and he was rather threatening in behaviour towards them, they paid for an electrician to come out and fix the immersion heater for the hot water and bought themselves some small radiators to run, everything was done formally on my friends part, letters, recorded phone calls etc, and every month he would promise to get things sorted.
the stuff left behind is just personal effects, clothes, toys etc, but its still thier property, im wondering if it is worth going down to see if there is anyway of entering the property legally,

PasturesNew

They still owe the landlord two months' rent though.
They no longer have a tenancy, therefore you can't enter legally.

I still don't understand why they didn't take their stuff sooner. They knew they were moving out - moved out on 18 October - so now had a further 6 weeks to go back and get all that stuff.

WardysGirl

but thier understanding was that a landlord has to provide heating/hotwater, otherwise you could with hold rent until it was fixed, my first post was a bit misguiding, thier tennancy for the new place start on the 18th but they didnt officially move house until after the 28th i know its not a big difference but all the same, i think that life just got in the way of getting the last of the stuff out

poppysarah

What neighbours have they got there? And do they get on with them?

Turning up and asking them not to ring the police as they're still tenants and the landlord was supposed to drop off a key so they could get their stuff - but they've not left it there have they? They force a window or climb in without damage and get all their stuff out in one go. One quick go.
Calling the neighbours bluff might work or might not. Either way they might get stuck with repair costs on top of rent owed if they break in - or worse they'll get caught by the police and questioned. IF they're worried they should do it at a time the police are very busy - weekend evenings. And if they have ID showing their address as there then the police will probably leave them alone.

I wouldn't recommend doing it but it'd get round the problem of the landlord having changed the locks.
Did they tell him they were leaving? If they didn't then they are technically tenants still even if they're not paying rent. Takes an eviction to get you out.
changing the locks tenants is pretty serious stuff.
Depends how they want to deal with it. I'd assume by the fact they payed high rent for a poorly maintained property they are either very naive or easily contented to avoid stress.

WardysGirl

Surely for them not to have a tenancy though the landlord would have had to go through a notice to quit and then an eviction first?

With the date that they left the property surely the landlord didnt have the right to enter the property without contacting them? He had no way of knowing that they were no longer there.

For them tp have surrendered the tenancy surely he would have to have proof that they were no longer living there by at least attempting to contact them prior to breaking in and changing the locks?

poppysarah

Oh yes if they've not given notice but aren't paying the rents the landlord can not just change the locks.
If they want to be bold they could just ring the police and say they've been away for a few days and the landlord has locked them out. Dunno what the police say/do in these circs - but they might ring the landlord which might get him bringing keys round.