Potential Illegal Eviction - Advice Please..

Anne1234_2

Hi,

Was wondering if anyone on here could help me with this. I moved into a flat at the end of September, and I am renting from a private landlord. The flat is above a pub and while i expected there to be niose I wasn't made aware that they would play music until 2:00am most days and it was so loud it was more like a nightclub than a pub and earplugs made little difference in shutting out the noise.

Im on a 6 month Assured shorthold agreement and I am aware that im liable for the rent until this ends. However the agent agreed that I can look for someone to take over my tenancy as i wasn't happy with the flat, and they agreed to re-advertise the property.

About 2 and a half weeks ago i moved some of my things out of the property to move in with my relatives as things were really getting that bad. I had some viewings arranged at the flat and on the 19/12 i returned to the flat to find that a new lock had been put on the door to the property and i had not been notified nor been provided with a key.. it was after office hours so i not only had the embarrassment of turning away the potential new tenant i could not get hold of the agent and there is no emergency number to call.

So i ended up speaking to shelter who said this could be an iegal eviction. I have sent the agent a letter today asking them whats going on. Since posting the letter out i recieved a text message about the rent still needing to be paid to them. ( i am currently on benefits which they are aware of and the rent this month is currently 2 weeks late. Do they have grounds to lock me out of the property on the rent being 2 weeks late...??)

Sorry for the long ost, any help would be appreaciated.

Thanks.

BitterAndTwisted

If you have not been provided with a key and the landlord/agent do not intend to provide you with one, then your tenancy has been surrendered. You have no further liability to pay any more rent.

Edit: However they can and possibly will pursue you for any rent due up until the day the locks were changed. You should negotiate with them to get access to your remaining possessions till in the property.

Everything depends on how happy you are to be released from your tenancy.

FireWyrm

So let me get this straight...you went out leaving all your worldly belongings still inside and sometime during the day, someone came along and just changed the locks? If this is the case, then it most certainly IS an illegal eviction. B&T is also right in that they obviously feel that the tenancy is surrendered which may, or may not work in your favour. Just incidently, was your deposit protected? If you dont know, find out...tonight.

Oh, and NO, they cant just change the !!!!!!!g locks whenever they please, but that's another issue, there are rules, regulations and I kid you not, an actual law that they have to follow. Honestly! Gone are the 70's when a LL could just do whatever the hell he wanted. As B&T says, this actually works in your favour. I'd refuse to pay rent after the locks were changed and demand my property is returned to me immediately. I wouldnt 'negotiate', I'd call it theft and get the police involved. Depends how much of a big stick you want to wave....

Cussy

Hi Anne. This is a complicated situation and I can only scratch the surface, but yes, this appears to be an illegal eviction. Your local Council is the investigatory body under the Protection From Eviction Act. Contact them and ask for the Tenancy Relations Officer, or Harassment Officer (usually in the Housing or Environmental Health or Legal Dept.)

You do not have to be in 'occupation' to still be in 'possession' of the flat. Tell the Housing Benefits Department too and they will stop the benefits until it is resolved - or if you can, withhold the rent in a separate account until it's resolved.

You may not have to pay the full 6 months anyway. You could agrue that the Landlord is in breach of the tenancy agreement anyway. There is an implied term in every tenancy that the landlord lets the property to you for your 'quiet use and and enjoyment'. If they did not tell you about the noise before you agreed the tenancy, the tenancy can potentially be forfeit.

Ask the Council to refer you to a solicitor specialising in housing to see if you can get Legal Aid.

You also have the option to force entry to the property and change the locks, or to apply to the Court (in person or through a solicitor) for an order as a 'Displaced Residential Occupier' to get back in.

As I say, it's very complicated, you need to get to see a solicitor or a Housing Aid Centre for a proper conversation - ask the Council where you can access a relevant service.

Best wishes.

BitterAndTwisted

It's not complicated at all! The tenant did not negotiate an early surrender as that would have to have been mutually agreed IN WRITING. They just indicated that they wanted to.

This IS an illegal eviction but it turns out that it may suit the tenant. All that remains is to ensure that the tenant can gain access to their remaining possessions, negotiate how much if any rent is still due and get the agreement for an early surrender in writing. I would be negotiating no rent due on the basis of the illegal eviction. The penalties for which can be substantial.

Time to play hard-ball, I think.

G_M

Much depends what you want from the situation.

You seem to want to end the tenancy and move out. By changing th locks the landlord has effectively agreed to this and cannot pursue you for rent, so you have a clean break. No more rent. No need to find a replacement tenant.

However, if you want to stay, then yes, this is clearly a case of illegal eviction and you can pursue the landlord both for the criminal action and in the civil courts for damages /compensation (ie the cost of your B&B). But by enforcing your rights in this way you will be ensuring the tenancy continues, and you are back to paying rent.

However, whichever way you decide to go, ger the Tenancy Relations Officer/Shelter involved so you have support if the LL demands rent as well as ending the tenancy!

jamie11

Cussy wrote: »

You could argue that the Landlord is in breach of the tenancy agreement anyway. There is an implied term in every tenancy that the landlord lets the property to you for your 'quiet use and and enjoyment'. If they did not tell you about the noise before you agreed the tenancy, the tenancy can potentially be forfeit.

That is not what the term means. It means to be able to use the premises without interference from the landlord.

Taking a flat above a pub must have been a conscious decision by the OP.

Cussy

BitterAndTwisted wrote: »

It's not complicated at all!

On the face of it, not - so far as the illegal eviction goes, although even that depends on what the landlord says about what reasonable grounds he took to trace the tenant or what he thought had been agreed. But more so in the sense of what Anne wants to achieve. If on benefits, who paid the deposit? If not on benefits at the commencement, does she want to claim damages for earlier loss of quiet enjoyment prior to moving out? Why did she leave items in the property? Can she now store them? And so on...For someone with no real understanding of housing law it's a daunting prospect. (Sorry to talk about you in the third person Anne)

BitterAndTwisted

Annie, please do not communicate with the landlord or the agent by any means other than in writing from now on. If you need help to draft any letters to them we can help you. Everything depends on how you want to approach this and what you want to get out of this situation.

BitterAndTwisted

Cussy wrote: »

On the face of it, not - so far as the illegal eviction goes, although even that depends on what the landlord says about what reasonable grounds he took to trace the tenant or what he thought had been agreed. But more so in the sense of what Anne wants to achieve. If on benefits, who paid the deposit? If not on benefits at the commencement, does she want to claim damages for earlier loss of quiet enjoyment prior to moving out? Why did she leave items in the property? Can she now store them? And so on...For someone with no real understanding of housing law it's a daunting prospect. (Sorry to talk about you in the third person Anne)

Cussy, I fear that you are trying to make this situation much complicated than it really is but this could be unintentional.

The landlord did not need to trace the tenant. They had a rental agreement and were still in possession of the keys, so any communication could have been sent to the property.

Anne1234_2

Hi Thanks for the response.

You're right in that i wanted out of the tenancy anyway, so by this happening it has kind of worked out in my favour.
i recieved a call and a text today from the agent asking for the rent - but this was just after i sent them a letter. Wasn't sure whether to call them back so i have left it for now. I want them to read the letter first before we speak any further. I have stated in the letter that i believe this to be an illegal eviction and that i would be happy to surrender the tenancy now if that is what they agree and that i wouldn't take any further action if mutual surrender were to be agreed.
My worry is that some of my posessions are still in the flat - Do you think i'll be able to get them??
Also im concered that they may offer me a key now and use an excuse like they didnt know where to get hold of me to give me a key. But i still have access to the mail at the flat ( the key still works in the front door to the building where post is left but the lock has been changed on my flat.) so they could have left me a key in an envelope or something.... Can I argue that them changing the lock and effectively leaving me stranded at 6pm with no emergency telephone number and having to turn away potential new tenants as i had to cancel viewings as a means of holding the rent?

Thanks