Potential Illegal Eviction - Advice Please..

BitterAndTwisted

Fully expect a great deal of back-pedalling by the agent to protect them and the landlord from the accusation of illegal eviction. At the moment it could all be explained away as misunderstanding. They could have left the new key with the mail and someone has half-inched it or any other weak excuse they can come up with.

Wait and see how they respond and post back here when you've heard. DO NOT respond to or acknowledge any text messages!

swbrua

1. This works in your favour, if you can't use the property how can you be expected to pay rent?
2. Take a photo of the lock (with a news paper to show date?) to prove they changed it in case you need this in future?

BitterAndTwisted

swbrua wrote: »

1. This works in your favour, if you can't use the property how can you be expected to pay rent?

This point has already been made elsewhere.

2. Take a photo of the lock (with a news paper to show date?) to prove they changed it in case you need this in future?

What possible use could a photo be? The barrel could and probably has been changed. A photo could not establish that. A reliable third-party as a witness would be of more use.

Hump

No one has mentioned that there may have been a legitimate reason for gaining entry and having to change the lock i.e. a flood, fire (it was cold that week). Or if the flat is part of a business lease the head landlord might have gone in and repossessed the business and your home to boot.

Now I might have missed it, but has the lettings agent acknowledged that the locks have been changed? - might be news to them as well.

Hopefully they will respond to your letter when they receive it.

You obviously don't feel confident talking to the lettings agent - and that's OK, you've been through a difficult time - however I would still make strenuous efforts to get your local tenancy relations officer / homeless prevention officer at your local council's environmental health or housing department to call the agent on your behalf to establish their version of events.

Anne1234_2

..thanks everyone for the response.

Does anyone know how the situation might affect my benefits? i.e at present i am still liable for the rent, but i cant access the property to reside in it.?? i.e if the Council find out im staying at a relative's , can i explain the situation about being locked out..? Or might they ask for the money back?

Thanks.

G_M

If you mutually agree a surrendor of the tenancy then obviously you are no longer liable to pay rent.... or to receive Housing Benefit.

you can't have it both ways!

jamie11

If you accept that the tenancy has ended then you must tell them, if the landlord is no longer entitled to the rent then you are not entitled to the benefit either. However if you decide that you want to get back into the flat then rent will continue. I think you need to get yourself down to the council and explain the situation.

BitterAndTwisted

LHA is paid to you in arrears so any rent you may have received to date should be legitimately yours. Take your mobile with the agent's messages and your letter to the agent down the the benefits section of your local authority and see what advice they give you. There's a possibility that they may stop your LHA immediately but your liability for the rent and your claim for it ended on the day they changed the locks. IF you can prove without a shadow of a doubt that that is precisely what has happened That would be my position going forward with the agent/LL but it might be best to hang fire for a day or two to see what the agent/LL written response is. If they do write to you where are you anticipating the address they will use is?