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Landlord has changed locks

2

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  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    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

    Why is housing benefit being paid to the agent and not to the tenant?
  • silvercar
    silvercar Posts: 49,650 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Cakeguts wrote: »
    Why is housing benefit being paid to the agent and not to the tenant?

    Lots of reasons that can happen. Including previous arrears, tenant request, tenant having issues in the past dealing with money.
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  • Marvel1
    Marvel1 Posts: 7,446 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 25 June 2016 at 11:33AM
    A typical landlord who has no clue :mad: e.g. deposit and changing locks, alsobtje Police blaming your friend :mad: I hope you get it sorted.

    Just read about property being left in the driveway, I'm assuming this is her belongings, if so, then I hope she takes this pathetic excuse of a landlord to the cleaners (the judge anyway).
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Its no help to her right now.., but I hope her property wasn't damaged.

    She can, as said, claim quite high damages for an illegal eviction. If she has children, the council has a legal duty to provide emergency accommodation and as I already said, they will move heaven and earth to get the LL to behave legally rather than have to house her.

    They do have out of hours telephone services as well.

    If she does get back in, she can change the locks so the LL can't do this again (I assume the LL had a key).

    I am very sorry this has happened to your friend, again, not a lot of help I know.
  • Far from being sorted today when the council got involved (turned up at the property with my friend and a locksmith to gain entry with any costs to be incurred by the landlord), the landlord also turned up. My friend also had her social worker with her (she is at present a vulnerable adult due to mental health problems). The landlord hit my friends partner, then my friend and decided to finish off the action by trying to hit the social worker over the head with a rock. The police are now looking for her but my friend wants to press charges as she has been hurt in the altercation.

    Also she still can't get into the house as the police need to go there first as a some of my friends property has been tampered with and/or damaged. Think a solicitor will have a field day with this landlord. Couldn't make it up!
  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yikes! Horrible for your friend, but she's better off a long way away from that person. At least the council will be on her side - has she got some sort of emergency accommodation?
  • Staying with a friend. Hopefully she will be rehoused now. Not really somewhere she wants to stay. But very few properties in the town take hb and if she leaves she will be voluntary homeless. She she is stuck for the time being.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 27 June 2016 at 9:53PM
    She needs to get on with pressing charges, get her social worker to do the same, and then get some help with explaining to the council that living in the property puts her in danger (rather obviously) and so she can't be rehoused in that house. Shelter should advise as a matter of urgency.

    As she is a vulnerable adult, see if there are any charities that will help (with advice and support) - there are in my area. She could also see if there is a community mental health hub in her area (ask her GP).., mine has a housing officer to advise vulnerable people. With mine you can self refer. Women's Aid might well help as well.

    Very sorry this has happened to your friend.

    If your friend is a vulnerable adult, she can also use this to make sure she is given suitable emergency accommodation so needs to start thinking of reasons why B&B etc isn't suitable. I have ASD, my sons both have it and we were able to make a case with the council that their normal single room hostel accommodation wasn't suitable and were placed in a maisonette instead. It was explained that because my son's had a lack of boundaries and weren't good with unknowns and noise, public facilities wouldn't work for them, and being around a constantly moving population, some of whom might pose safety risks, would be a risk for them (in a 9 page bullet pointed letter lol so a bit more to it than that). It was necessary to get support from professionals for this as well.
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Staying with a friend. Hopefully she will be rehoused now. Not really somewhere she wants to stay. But very few properties in the town take hb and if she leaves she will be voluntary homeless. She she is stuck for the time being.

    Your friend should find a housing Solicitor who deals with legal aid cases ASAP and start legal action for damages for unlawful eviction under 1988 Housing act

    http://www.legislation.gov.uk/ukpga/1988/50/part/I/chapter/IV

    Just to note, If you go down this route for civil damages, LL could counter sue for the rent arrears.

    good luck
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I would have thought the LL would have difficulty getting anywhere with rent arrears if they didn't inform the tenant that they weren't using the LA anymore. They will have to provide proof that they did inform the tenant.
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