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Sean Asks...
Morning.
My landlord is threatening to change the locks on my home. And not give me access to my home.
He has not got a court order.
Can he change the locks? if yes or no, what can I do in either circumstance?
If he changes the locks and does not give me a key. And I return to my property can I force my way back in because my personnal belongings are still in the property?
Sean
What we suggest...
Hi Sean
Thanks for your message. It was delivered to us as a comment on a posted bulletin board so we transcribed the information you provided us with into the q2a enquiry form. You've told us that your landlord is threatening to change the locks on your home.
We are glad you have sought some help - this is the kind of situation that won't go away unless you act, so we hope that the information we provide in this reply will be helpful.
Many different factors can impinge on housing problems:- we haven't got much information on your specific circumstances such as what sort of tenancy you have or if the landlord has told you why he wants you out. We suggest that the first thing you do is check what kind of tenancy you have because, for example, if someone who has an assured shorthold tenancy this does give you some rights.
We're going to work our way through what should/shouldn't happen if your landlord wants you out, give some suggestions as to how to deal with it and then we'll give you a list of places you can go to to get help.
Let's start with the bad news. If the person/organisation who lent the money to the landlord to buy your home is the one who wants to repossess it, then you are in a difficult position. Usually the lender's right to repossess the property overrides whatever tenancy agreement you have. But you've told us that it is the landlord (rather than his lender) who is threatening to change the locks so it sounds as though this isn't the case. Also the lender should have contacted you directly if they are seeking to repossess the property.
Now we'll look at what should happen when the landlord wants you to leave. Most tenants are entitled to be given a written notice asking them to leave. This is the first step that the landlord should take. Normally, the only people who aren't entitled to a written notice are people who share their accommodation with their landlord or who are living in their accommodation on a very temporary basis. Otherwise, the written notice should:
* be for a specific length of time,
* state the date that your landlord wants you to leave,
* give reasons why you are being asked to leave (if applicable),
* contain specific information such as where you can get advice (if applicable).
The usual reasons for a landlord wanting his tenant to leave are because the tenant is not paying the rent regularly and on time, or is causing damage or nuisance to the property or because the landlord needs the property for a member of his own household to live in. Sometimes landlords also want to sell their property with vacant possession, ie, empty.
If a tenant haven't left when the period of justified and reasonable notice is up, landlords are usually able to apply to the court for a possession order to make the tenant leave by a specific date. Most tenants are entitled to stay in their accommodation until the possession order takes place. Sometimes the court just agrees to a possession order but other times the landlord must prove to the court why he/she wants the order. There may be a court hearing.
If the tenant does not leave by the stated date, then the landlord can go back to court which might instruct a bailiff to move the tenant out. The court will send the tenant a letter saying when the bailiffs will arrive - they are entitled to remove the tenant and the tenant's possessions from the property although they are not allowed to use unreasonable force or violence to do so. It is possible to apply to the court to stop the bailiffs coming, but the tenant needs to seek professional advice before doing so. No one else is allowed to remove a tenant physically from the property.
From what you are telling us, it doesn't seem as though your landlord has followed any of these procedures. We believe that what he is actually doing is harassing you, from what you tell us. If you are paying your rent and abiding by the terms of your tenancy then he should not change the locks and prevent your entry, in the same way as you should not change the locks without his knowledge to prevent him accessing the property. There is a long document about Harassment and Illegal Eviction at http://england.shelter.org.uk/__data/assets/pdf_file/0015/30651/Harassment__and__illegal_eviction.pdf. We will give you some of the more important points but it's a good idea to read through the whole thing.
Do you know of any reasons why the landlord wants to evict you? For example, are you behind with the rent? If you are, why not try to negotiate a way to pay back the arrears with a repayment plan. The Citizen's Advice Bureau or Council Tenancy Relations Officer will help you with the calculations, help you sort it out with your landlord and check if you are eligible for any financial help. Or they might be able to help with negotiations if the landlord believes you have been behaving irresponsibly.
The fact that the landlord owns your home does not give him/her the right to stop you living there in peace. From what you've told us, it does seem as though he is harassing you and that that he is threatening you with illegal eviction. An illegal eviction is a serious criminal offence and is one where the landlord:
* changes the locks when you are out
* threatens you and forces you to leave
* physically throws you out
* stops you from getting to certain parts of your home.
You asked if you can force your way back in to regain your property if he locks you out. This is a complicated legal area and one where you would definitely need professional advice before taking any action. If you did break back in, you would be responsible for the repair of any damage that you did and it could be seen as committing criminal damage. Sometimes the police are willing to attend when someone is going back into the property to make sure there is no breach of the peace.
If the landlord illegally evicts you, you are entitled to get your belongings back. S/he is not entitled to keep them to pay for any rent arrears - this would be a civil wrong known as a conversion and you might be able to get an injunction or claim damages.
If the landlord is violent towards you, then you should contact the police. If you are feeling unsafe in your home because of your landlord's actions, then you should contact the local council who will do their best to rehouse you.
We have mentioned people who can help you in this email. Unfortunately we don't know which area of the country you live in but we'll give you information so that you can find the local contacts where possible.
Local council: As well as their many other responsibilities, councils are the ones who make the decision as to whether to prosecute your landlord. If necessary they may be able to rehouse you or they will give you information about local socially registered landlords who may have vacancies. Some councils have Tenancy Relations Officers who will help you to negotiate with your landlord so that you can stay in your current home. Their contact details will be in the local telephone book, you can search for them online at http://www.direct.gov.uk/en/Dl1/Directories/Localcouncils/AToZOfLocalCouncils/DG_A-Z_LG or visit your town hall. Or email us again with whereabouts you are, and we can get the local details for you.
Shelter: This is the housing and homeless charity which gives advice on housing issues and homelessness. Their website is at http://england.shelter.org.uk/, you can find local contacts at http://england.shelter.org.uk/get_advice/advice_services_directory and their helpline number is 0808 800 4444, 8am to 8pm, 7 days a week.
Citizens Advice Bureau: This is a service that helps people resolve their legal, money and other problems by providing free information and advice. Their website is at http://www.citizensadvice.org.uk/index.htm, you can find your local service at http://www.citizensadvice.org.uk/index/getadvice.htm#searchbox and they have advice guides on housing at http://www.adviceguide.org.uk/index/family_parent/housing.htm
We have given you a lot of information and advice in this email. We suggest that you print it off and keep it safe. We also suggest that you keep a record of everything that your landlord does and says and everything you do so that you have evidence of events should you need it in the future.
We hope that you can resolve this situation as soon as possible. If you want any more advice, please email us again using the "Send us an enquiry" button on the home page at www.q2a.co.uk.
Best wishes
q2a
Expert advice and every precaution has been taken to ensure that the information on this page is trustworthy and reliable, but the publishers do not hold themselves responsible for any inaccuracy as information can go out of date very quickly. This page gives general guidance only and should not be treated as a complete and authoritative statement of the law. With regard to suggested weblinks given in this reply please note that Lancashire County Council is not responsible for the content of external internet sites.
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