Locked-out from flat by LL: Any help appreciated...

brianposter

Who has the keys to the property ?

Jeepers_Creepers

Currently the LL, since she had the locks changed.

greatcrested

Has the OPstill not forced access to their home?

If not, why not?

advicemse

Jeepers_Creepers said:

Currently the LL, since she had the locks changed.

LL would have found another friend-of-friend in the UK to change the locks and they would have the keys.

brianposter

advicemse said|

LL would have found another friend-of-friend in the UK to change the locks and they would have the keys.

Any possibility of locating this friend ?

Presumably you do not know who is the "Harley Street solicitor" ?

advicemse

Jeepers_Creepers said:

That's a useful message to have recorded - she's admitted locking you out. The LL seems as bright as she is dodgy.

I assume because she has admitted to organising the lockout as opposed to any other story?
 

 Anyhoo, to sum up, you have lived in this London property for around 2 years, pretty much rent-free (or at least vastly reduced), and were responsible for keeping other parts sublet and for general maintenance? She now wants to sell. You haven't paid anything to her for 6 months? And the whole thing is a legal minefield, best not navigated? That's the gist?

From what's been said, she has almost certainly blurred or actively bludgeoned a number of legal lines in this arrangement, so she'd be very foolish indeed to pursue you for anything, but I suspect you aren't on solid legal ground either. 

Not quite accurate. The rent hasn't been cheap and the flat needed a lot of work. The water leak created a lot of material damage to the flat. A lot of work was done and at my cost over the lockdown period which I have done under the basis that she would pay for it, worse case we would carry on as normal after the lockdown or even worse case - I get 3m statuary notice if she wanted the place back. She is not poor or selling. Its just an excuse as she's probably found another friend-of-a-friend to fill my boots now that the work has got done for free (she would have known this when the other person went in to change locks). 

advicemse

brianposter said:

Presumably you do not know who is the "Harley Street solicitor" ? 

Pretty sure there is no Harley Street solicitor. There is no way anyone legal would have advised the route she has taken. Wealthy foreign residents seem to feel that overpriced professionals in Harley Street are somehow worth dealing with. The law is the law and competent solicitors don't only reside in one particular postcode
 

brianposter said:

Any possibility of locating this friend ?

Maybe able to find them - would it help in anyway?

advicemse

greatcrested said:

Has the OPstill not forced access to their home?

If not, why not?

I could get done for breaking and entry and want to ensure I have the legal footing (and police crime number / police co-operation) to do it. I was suggesting a message to LL indicating possible criminal charges as it may wake them up to the consequences of their actions.
 

advicemse said:

I think I should reply:

* requesting immediate access

* due notice as a tenancy has been formed 

* outlining her actions could be a criminal offence. 

If there is anything else I should say, welcome thoughts. 

... maybe the above message if there is nothing else to add?

MalMonroe

Pinkbunny2000 said:

You can legally break in

then sue the LL

Surely not when there are rent arrears? That's just plain foolish.

greatcrested

I could get done for breaking and entry and want to ensure I have the legal footing (and police crime number / police co-operation) to do it.

* You pay rent (albeit erratically - but clearly she expects it), and she provides accomodation. You have a tenancy.

* she is not a resident landlord.

* It is an AST - based on oral agreement not written agreement.

* no fixed term was agreed (as I understand you) so it is a Contractual Period Tenancy

* Eviction must be done via a S21 or S8 Notice expiring 3 months after service.

* Changing the locks and giving 2 weeks notice  is a criminal offence - see Protection from Eviction Act 1977section 1

A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding [F2the prescribed sum] or to imprisonment for a term not exceeding 6 months or to both;
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

* Try to pursuade a locksmith to break in and change the lock. Sometimes they request proof you have the right to do this (eg ownership or tenancy agreement), but anything with your address on it (driving licence) might be enough.

* contact the police. Often they claim housing matters are civil, not criminal, so you need to be insistant (quote the Act to them). At the very least get a crime number. Apart from anything else you need to pre-empt the LL accusing you of breaking in. So get your complaint on record. If you are lucky, they may take up your case and interview the LL.

* Contact the local council. Trading Standards can prosecute the LL. If the council have a 'Private Tenancy Officer' or similar, contact them too.

* contact Shelter.

* search to see if there is a local Neighbourhood Legal Centre offering free advice/help

* apply to the county court for an eviction injunction

* Read:

http://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction