Landlord has changed locks

helphelphelphelp

After ongoing troubles with her landlord, my friend returned home today to find her landlord had changed locks. She is currently in arrears as housing benefit has been paying the managing agent no longer used by the landlord, but the landlord did not put this in writing - and the agent has not passed the money on.

The tenant called the police but they said due to the rent arrears there is nothing she can do.

My friend has no money to get a lock smith to change the locks again.

What is her best course of action to get back into her home?

Thanks

thesaint

Break in.
The Police are wrong.

Pixie5740

Has your friend received a Section 21 or 8 notice from the landlord and the landlord then gone to court to get an eviction notice? (I'm assuming your friend didn't live with the landlord.) If not then arrears or not the police are talking pish. I'm not even convinced your friend is an arrears if she has been paying the LA due to a lack of written instruction to do anything else by the LL.

Get your friend to call Shelter now because this could be an illegal eviction.

[Deleted User]

It almost certainly is although your friend might struggle to get the Police and council to acknowledge this (due to their ignorance, they are wrong - unless the LL has a possession order). Rent arrears don't matter without a possession order.

Does your friend have children? If so, she needs to go to the council, they will soon give the LL short shrift and sort it out rather than put her in emergency accommodation.

slopemaster

Pixie5740 wrote: »

...(I'm assuming your friend didn't live with the landlord.) ...

We need to know that

Guest101

helphelphelphelp wrote: »

After ongoing troubles with her landlord, my friend returned home today to find her landlord had changed locks. She is currently in arrears as housing benefit has been paying the managing agent no longer used by the landlord, but the landlord did not put this in writing - and the agent has not passed the money on.

The tenant called the police but they said due to the rent arrears there is nothing she can do.

My friend has no money to get a lock smith to change the locks again.

What is her best course of action to get back into her home?

Thanks

Protection from eviction act 1977 - contact the council and go make a police report

[Deleted User]

slopemaster wrote: »

We need to know that

Yes, I'm afraid if your friend lives with the LL in the property, shares facilities with the LL then she is a lodger, not a tenant and eviction requirements are almost non existent.

CakeCrusader

It may be a good idea if she gives these guys a call and they will be able to give her proper advice; http://www.shelter.org.uk/

I hope she gets this sorted. It sounds like an illegal eviction to me; http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/challenging_illegal_eviction

CakeCrusader

deannatrois wrote: »

Yes, I'm afraid if your friend lives with the LL in the property, shares facilities with the LL then she is a lodger, not a tenant and eviction requirements are almost non existent.

This is right. Does she have a tenancy agreement, or is she a lodger?

helphelphelphelp

Landlord does not live at property. Whole house is rented to tenant.

Section 21 issued but not valid as deposit not in a protected scheme.

Police were more receptive when I called to report a crime of illegal eviction and advised him that the landlord couldnt evict without a court order. Waiting for a call back from them.

I have also spoken to Shelter who have said if she breaks in she will be liable for the damage. However because she claims certain benefits, Civil Action should be able to help with an escalation court hearing and also help claim compensation for the property that may be damaged (landlord has put it on the drive), and also for out of pocket expenses. And that council is best contacted to get emergency housing sorted.

so no immediate action and looks as though will have to wait until court.

fairy_lights

Does she have any friends or family who can lend her the money for a locksmith?
Are there any windows in the house someone could climb through? Old sash windows with a sliding catch can sometimes be opened by sliding a butter knife in to flip the catch...
Sadly the police are often woefully misinformed about property issues.