Changing locks on joint tenancy

Maz

This has probably been asked before but I did a quick search, couldn't find anything.

My daughter has fled the home she shared with her partner due to domestic violence.

The flat is a joint tenancy, three months into a six month lease. She returned there this evening accompanied by a police officer to collect some clothes etc to find that her ex partner has changed the locks.

What can she do? (She has informed the landlady who isn't happy about the situation)

anselld

If you mean what can she do to get her stuff back ... either agree a time with her ex or employ a locksmith to gain access using tenancy agreement as proof of rights.

However there are other potential issues in that she remains jointly liable for the tenancy to the end of the fixed term. There is a risk the ex could run up debt with the LL for which she would be legally liable.

oldbaldman

Can she serve notice to quit at the end of the fixed term? That way she is relieved of responsibility after 6 months, I believe.

obm

G_M

oldbaldman wrote: »

Can she serve notice to quit at the end of the fixed term? That way she is relieved of responsibility after 6 months, I believe.

obm

Notice to quit has no legal meaning or force in a fixed term tenancy. A fixed term tenancy ends at the expiry of the fixed term whether notice is given or not.

That is how contract law works (and it's a 6 month contract).

However, under the Housing Act 1988 if 'The Tenant' remains in occupation beyond the fixed term, them a Statutory Periodic Tenancy arises (same terms, rent, names etc).

The problem is that 'The Tenant' is a single legal entity, so in a joint tenancy, as here, with two joint tenants, if either or them remains, then 'The Tenant' has not vacated and a SPT arises.

And 'The Tenant' (ie both joint tenants) remain liable under the SPT.

However, once the STP arises, either joint tenant can give notice and this will bind them both (since they both constitute the legal entity 'The Tenant'). But the usual timescales for notice under an SPT apply.

clear? :think:

As for the locked front door:

It's a civil dispute between the 2 joint tenants.

* if the landlord has a key, she could ask for a copy (or to borrow it). LL might charge an admin fee, or fee to cut a copy. But equally, if the partner has changed the locks, the LL might not now have a key.

* she could ask a locksmith to force entry/pick the lock (or whatever they do). Locksmiths (at least the honest ones!) should only do this on production of evidence that you are entitled to entry, ie you own or rent the property. Does she have the tenancy agreement?

If going down this route, probably wise to have the police again, in case of a breach of the peace (if partner is at home or returns)

* she could go to court and ask for a court order forcing the partner to let her in. Refusal would then be 'Contemp Of Court' which carries a potential prison sentence I believe.

oldbaldman

G_M

Are you saying that if she serves notice that she will quit at the end of the initial 6 month fixed term that is irrelevant, because it is a JT? But once it goes to an SPT, which it will do at 0001am on the day following the 6 month fixed term, she can serve a NTQ in 1 month, actually would been to be 2 months to give a clear 1 month notice, it is relevant?

In which case if she serves notice now to quit 1 month beyond the fixed term she will pre-empt the X staying beyond 1 month after the fixed term.

obm

G_M

oldbaldman wrote: »

G_M

Are you saying that if she serves notice that she will quit at the end of the initial 6 month fixed term that is irrelevant, because it is a JT?
No. I'm saying if she serves notice that she will quit at the end of the initial 6 month fixed term that is irrelevant, because it is a Fixed Term contract.

It is not the fact that only one of the joint tenants gave notice that makes it irrelevant, it is the fact it is a FT contract, for which notice is not required.

But once it goes to an SPT, which it will do at 0001am on the day following the 6 month fixed term, she can serve a NTQ in 1 month, actually would been to be 2 months to give a clear 1 month notice, it is relevant?
Yes, it is then relevant because the (periodic) tenancy has no fixed term, and can now be brought to an end by giving (correct) notice.

In which case if she serves notice now to quit 1 month beyond the fixed term she will pre-empt the X staying beyond 1 month after the fixed term.

Sadly, notice cannot be served to end a tenancy (here the SPT) before it starts.
obm

jjlandlord and I have previously debated, at length and inconclusively, whether a SPT can be ended after the 1st month.

Notice cannot be served before it starts. That would be a legal nonsense. Cancelling a tenancy that has not been created.......

Once it starts, notice comprising a full tenancy period must be given. If served at 0001am on the day the SPT arose, a full tenancy period would not have elapsed by midnight a month later (1 minute short). So the SPT would continue for a 2nd month.

The ambiguity arises from the fact service can be served to expire on the last or first day of a period (Crate -v- Miller [1947] )............but none of this is of much help to the OP. It's just a long-standing, hair-splitting legal debate....

oldbaldman

G_M,

Thank you for your explanation, I am aware that there is some doubt as to whether a NTQ served on day 1 is included as a day in the calculating of a clear month notice.

So, seeking her best position she could serve a NTQ now dated on the day of the start of the SPT, which would be effective? To end it after the 1 month of SPT. As I understand it the Act does not stipulate whether or not the day served counts as Day 1?

obm

Maz

Thank you for all your comments and especially the information regarding ending her tenancy liability.

theartfullodger

Sorry to read about it.. Good for her leaving & not putting up with the little scr*at..

Think she could get an "occupation order" to get access back in (s.33 Family Law Act 1996)- see Shelter's booklet.
http://england.shelter.org.uk/__data/assets/pdf_file/0020/23393/ShelterGuide_RelationshipBreakdown.pdf

A court can also order a transfer of her rent liability to him: She needs to talk to Shelter or a "family law" solicitor about that.

Also suggest she/you 'phone Shelter helpline, 0808 800 4444 - expect a wait.

Because she has lost her home & become homeless due to domestic violence she is now in priority need and may be rehoused by the council: If she wants to try this route she should "present as homeless" to council housing, explain about violence etc, give crime reference numbers or Policeman's name, and if council say "no" get the answer IN WRITING: That way she can appeal.

Best wishes

Rambosmum

Ask the landlord for the spare key. Or ask the landlord for a copy of the tenancy agreement and get a locksmith to change the locks. Try and pick a time when the OH is likely to be out or ask the police to accompany.

Get your daughter to report at least one of the DA incidents to the police, get a crime reference number. You can do this his historically, it doesn't matter whether the police follow it up just so long as it is on record. Unfortunately it is highly unlikely that her ex will leave her alone.

If she does go back to collect her stuff don't be surprised if it has been thrown away, dumped, burned or !!!!ed on.

- get her to cancel all credit cards/ bank cards etc that he could have access to. Get her to change all internet and banking passwords and to check her accounts regularly if she is on benefits get the bank account she gets it paid in to changed and get the benefits office to put a password on her account- they will ask her for it every time she calls and get her to make something her ex won't be likely to guess (in case he gets a 'friend' to call up pretending to be her to cancel her benefits or get her new address), if she is employed, ask her HR department to do the same. I work with survivors and the number of times that work has given out new addresses or allowed a change of bank details is astounding.

And finally, reassure your daughter that she has made the hardest step. And well done.

oldbaldman

Excellent advice by Jenniwat001 above.

I would add keep a diary of all that has happened, and all that does happen. Whenever you report anything to anyone, the Police, the council, her X, the LL, make a note of who you spoke to and what you told them.

And good luck.

obm