Changing Locks on Problem Tennants

Sunnylooloo

Can anyone give any help/advice or just general comments to help some friends of mine...........

They rented their house out in April – I had originally thought they had done this through an agency on a find only basis – but after talking to her just now – it was a private arrangement – a cousin of her neighbour – and her mum just got a basic tenancy agreement from the good old internet….

Anyway…. The couple moved in – very hit and miss with the rent – no deposit was paid (I doubt very much they checked any references as it was a recommendation from the neighbour – who is mortified at their behaviour!!). It transpires that the reason no deposit was paid is because the woman is on housing benefits and it should have been a bond from the council – this was never received. They had to chase for rent every month from the guy – it got paid in dribs and drabs. They decided they had had enough and served them with notice – again not sure how they did this – assume they went on the internet and got the forms/letters.

Then the couple went away for a week and left the house with windows and doors open and unlocked. So my friend and husband called the police and they went in and secured the property (after informing the tenants they were doing this) and they have changed the locks and moved all of the tenants property into the garage – which they have given them a week to come and collect. The tenants came back after their holiday and collected some papers but the rest of the stuff is in the garage. My friend thinks they are now living in some hostel.

On going in to the house – it is completely trashed………… they have smashed her ceramic hob, dirty, things broken…… you get the picture – there is also evidence of drug usage going on – and they also had a cat, which they had without permission.

Things have got really nasty – lots of harassing texts from them threatening to beat up my friends husband, doing more damage to the house etc….. and they are saying that they are going to sue them for making them homeless. She has also found out the woman was claiming housing benefit! Yet it was the boyfriend that was paying the rent – so think there is also a bit of benefit fraud going on which is the icing on the cake!

My friend and her husband (and very young baby!) are beside themselves……

So legally…… have they done the wrong thing in kicking them out – should they have waited until the notice period was up and then sought an eviction order? Can this couple take them to court? Would they have a good case against them – the fact they paid no deposit, rent was late, not the full amount, they lied about the housing benefit, they had a pet without permission, the damage they have caused to the property ……….

They have run up debt at the property (all in their own name which is one good thing!)

I wonder what people think, as I know that regardless of their behaviour tenants have certain rights.

They have also found out that the woman changed her copy of the tennancy agreement and forged my friends signature on it - basically reflecting the fact that they had not paid a deposit - she changed it to say that no deposit was needed.

My friends know they have been a bit silly over this ie not checking proper references etc...... so they don't need to be told that they just need to know what rights these people have and whether they would have a good case to sue my friends..................!!!

Thanks

BitterAndTwisted

If these tenants seek professional advice your friends will be up !!!!!! creek without a paddle. What they appear to have done is illegally evict their tenants, rent paid, deposit received, HB fraud, property trashed or not.

Sunnylooloo

but the rent has not been paid nor has any deposit been received.........

so basically if the tenants take them to court they are stuffed.......

ugh!

PasturesNew

Sunnylooloo wrote: »

So legally…… have they done the wrong thing in kicking them out – YES!! should they have waited until the notice period was up and then sought an eviction order? YES!! Can this couple take them to court? YES!! Would they have a good case against them – the fact they paid no deposit, rent was late, not the full amount, they lied about the housing benefit, they had a pet without permission, the damage they have caused to the property ………. NO!!

In what you described above, your mates are entirely in the wrong; what they did was unlawful/illegal and, if taken to court by the tenants, could end up with a criminal conviction.

Illegal eviction: http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/what_counts_as_illegal_eviction

An illegal eviction takes place if your landlord makes you leave your home without following the proper legal process. It is a serious criminal offence.

Sunnylooloo

O gawd................. this is serious......

So anyone have any thoughts about what to do next for them??????????????

jjlandlord

Sunnylooloo wrote: »

but the rent has not been paid nor has any deposit been received.........

This is not relevant.
You cannot evict tenant: Only bailiffs can if executing a court order.

Sunnylooloo wrote: »

so basically if the tenants take them to court they are stuffed.......

Illegal eviction is a criminal offence.

Sunnylooloo

Thanks everyone - i get the jist of it all - they should've waited.

The reason they went in is because the hosue was left unsecure - but I guess they should have just changed the locks and given the tennants new keys until they notice was up etc...

What a bloomin mess....................

I am not looking forward to breaking all this to her

so any ideas what they should do now??

BitterAndTwisted

They should never have let these shysters into the property without receiving a deposit. There are legal means to secure an eviction but changing the locks and dumping their possessions in the garage is not the way to go about it. As I said, should the tenants be able to secure professional advice your friends are going to be up to their necks in the mire.

DannyboyMidlands

I think that they just have to keep their fingers crossed and hope that the tenants don't pursue the matter. If they do, your friend is shafted.

In future do not rent to people on benefits. It's not worth the hassle.

Sunnylooloo

BitterAndTwisted wrote: »

They should never have let these shysters into the property without receiving a deposit. There are legal means to secure an eviction but changing the locks and dumping their possessions in the garage is not the way to go about it. As I said, should the tenants be able to secure professional advice your friends are going to be up to their necks in the mire.

I KNOW!! I was shocked to even think they just trusted the word of the neighbour that they were good tennants and never did any checking..........

This is going to turn bad - ugh!

They are coming round to see me tomorrow night - I am dreading telling her all this.........

Also the fact that the woman of the couple is on benefits will mean they will get legal aid...........

Sunnylooloo

DannyboyMidlands wrote: »

I think that they just have to keep their fingures crossed and hope that the tenants don't pursue the matter. If they do, your friend is shafted.

In future do not rent to people on benefits. It's not worth the hassle.

they told her they were working! (and as above as the woman of the couple is the cousin of her neighbour they trusted them)

Me personally! NO ONE would move in my home without a deposit and months rent........

they were very niave.