Then it may not profit a landlord to argue to any positive avail that a breach has been committed. Where locks have been changed, and a set of keys have been provided to the landlord, I know of no case where a landlord has successfully sued a tenant.
However, I have seen section 8 notices citing ground 12, where the locks have been changed without permission. Yet, the section 8 notice in almost all these notices has other more substantial grounds for eviction, and the lock issue usefully is not the bone of contention. In my opinion, it would be unwise to serve a section 8 notice citing ground 12 for the tenant changing the locks with consent as the only ground for eviction.
If the tenant has changed the locks and is denying access to the landlord, agent, or a trade person, then that is another matter. Some lawyers have argued a tenancy that stipulates the tenant is not permitted to change the locks to the property is an unfair contract. I know of no case that has succeeded in such a legal argument. If the tenant does change the locks without permission, then the tenant should keep the original lock fittings.
Changing the locks should be done by a qualified locksmith. Any damage caused the door, or the door frame is a cost the landlord will be entitled to claim from the tenant. A tenant should not attempt to change the locks themselves; the task might seem straight forward, often leads to damage to the door and in some cases, the property is less secure then it was before the new lock change. Changing the locks with the consent of the landlord and giving the landlord a set of keys will in itself cause no problems.
Problems arise when the locks have been changed and the tenant has done a DIY job. If the door or the door frame is damaged the landlord is likely to get the job done properly and seek the costs for doing so from the tenant. If the landlord has consented to the locks being changed, the tenant still has a legal obligation not to cause damage to the door or door frame. A professional locksmith will fit the correct lock, correct size and the door is likely to lock easier and the door closing properly into the door frame.
Remember, any insurance policy you or they have will be invalidated if the property cannot be secured. If you need to change the locks out of hours factor in a hefty call-out fee. If, however, a tenant attempts to change the lock themselves and this causes damage to the property for instance if the door is damaged during lock replacement you should be able to ask the tenant to cover the cost of making right the damage. This can either be claimed from the deposit if the tenant is moving out, or you can ask the tenant to cover these costs if they are staying in the property long term.
You can read more about evicting your tenant here. Reach out on Facebook or Twitter if you have any comments or questions. This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.
Decline Settings Accept. Landlord Insider. You can also find me on Twitter and join my Facebook page. I'm a Landlord blogger; I inconsistently share my useful and useless thoughts on Landlord life. I've been in the game for over a decade, but it feels a lot longer. To cleanse your sins, feel free to read more about me and my blog. If you like what I do, you may want to consider supporting my addiction. That is rather crazy photo, ok if they want to change the locks then yeh no problem, but not getting a professional in to do it!?
We've never seen anything this odd over here yet.. I think, that's depending on the reason of what they do. But can be terrible thing if happen to me :D. I suite all of my door locks so I only need to carry one key. Stuart John. I'm a landlord and I always encourage female tenants to get the locks changed. In one case I paid for that myself as she was really hard up.
If you don't do this then she doesn't know who might have a copy of the key and she's living in fear all the time. If I was a tenant myself I would always change the locks on day one. Even for a bloke it's creepy to think that the landlord could just walk in at any time.
If you have taken a sufficient deposit then just let your tenants get on with their lives. I have no problem if the tenant wants to change the locks as long as they let me know first. I use a guy who has a great reputation locally, reasonable rates and does a great job. I send this dude round and the tenants pay they want the change after all.
Agree Damian - obviously tenant lost key.. New door from deposit. Stuart John - i think you're misinformed; security is a primary concern for anyone in their own home.. Possibly, even to control your access. They can still get someone skilled to drill those screws, but what a lot of needless hassle? I doubt it. Judging by the text message I missed, landlord was looking for items of his mail still arriving here 4 years since he moved house!?!
Something suspect about that? What is he worried about I wonder.. Ugly behaviour. Lock change the obvious next step.. It has been a joy. And he still thinks I owe him goodwill.. Kicking myself for failure to spot smell of hidden mould during viewing, regardless of landlords subsequently discovered limitations. I didn't think you could legally do that because its his home as well. Any comments or suggestions please thank you.
Tenants have a legal right to secure the property in any legal way alarm systems, lock change, etc. A lock change is not considered a renovation so no need to notify landlord. Reinforcing a door with may be considered renovation, however may be reasonable, necessary and recommended in areas where the local crime is significant. As a landlord, and son of parents who have been landlords for 15 years, I don't recommend challenging a tenant on this matter.
Legally they have an upper-hand as a judge will agree with their right to safety over your narrow rights to maintain a property you lease. Someone asked: Can a tenant change a lock on another tenant? No this is illegal, and the courts can punish the person that changed the lock to keep someone who resides there out.
Also a landlord must never change the lock on a tenant until they have possession of the property by court documents OR if the tenant has abandoned the property for certain amount of time or moves out each state is a bit different on this though, so be sure to learn your local laws.
They didn't like the draft from the wooden door. All is dumped in the back garden. What can I do? Can my Landlord come with lock smiths and change the locks and in the processes enter my property? Not really, John. It may happen, but you then take them to court. There's precedent for that, the tenant won. Of course, you may not have told them what you've done, in which case you should keep quiet. Then, the only way the landlord could know is if they attempt entry, which is unlawful.
I am a tenant and i wake up with the agency guy in the flat Alexandru Go ahead. Changing the locks is a hotly debated topic, but they may never find out, unless they attempt trespass again. It may technically put you in breach of contract, but they have broken the law, and your security is important, and your right of entry pretty much exclusive and absolute.
If it were me, I may also be making noises about making a complaint to the police on account of the trespass. I have call emergency and they said Fit a second lock, which only I have the key to. On inspection day, I would leave that lock unlocked, thus allowing the landlord or agent access. I would also be happy to put the key in escrow, so that the landlord could get the key to the second lock in appropriate circumstances.
The page you refer to on Landlord Law described the trouble that the Police can get into which has been huge on a few high profile cases. The idea that it is criminal damage is nonsense, nothing has been damaged, just changed and capable of being restored. The property is subject to a tenancy, if at the end of such a tenancy there was damages they would be a civil matter according to the terms of the tenancy.
Basic Tenant law going back well over a hundred years talks about what makes a tenancy and it mostly comes down to the Tenant having right to defend exclusive access to the property.
The Landlord forgoes their own rights for the duration of the tenancy. When a Landlord rents a property with exclusive possession he transfers such rights, other rights are also conferred by Acts. These confer further rights. Even if a tenancy agreement explicitly says the tenant is not allowed to change the locks, it can't override common law, from case law to Acts. They might not like it but where a landlord creates a tenancy and reserves the right to go into the property with or without notice that reservation would be inconsistent with rights conferred by Acts unless it was a licence, e.
The tenant should return the lock to status when they leave, they should either put original lock back or give new keys to landlord, but a long as they are a tenant they are entitled to defend their tenancy. The original blog post by Tessa started off discussing an incident with the police, but the comments section particular the contributions by Francis Davey, a barrister was more about changing locks in general. Did you read through them? As people have said on the aforementioned forum, it would be difficult for a landlord to know whether the lock has been changed without them being even naughtier than a tenant breaching a contract.
Hey, I'm a tenant. Yes I read all the comments, I think the comments of one Barister do not make the law, he has opinions but so do others. So if the tenant owns the land or flat or whatever it is he also has the right to change the locks if he wants.
So far as I am aware, under the common law there is nothing to stop a tenant doing this, and he is under no legal obligation to give a set of the new keys to the landlord.
Think about it, if you got the locks set back and entered the property in anything but emergency you would be breaching law if you entered without authority. At least with regard to the Police there is guidance to remember these are civil matters except where Landlords breach Protection from Eviction or Harassment acts which are criminal offences.
When I Googled it a couple of times aeons ago, I found one thread which had a link to a massive thread.
Today I had a housing inspection. After it was over I texted my landlord and told him everything was good. He then leaves me a voicemail saying he was outside my door and was just going to let himself in to make sure everything was ok.
Can he do that. You are entitled to quiet enjoyment of the property, the tenancy agreement will likely say that they can come in with 24 hours notice or in less time in case of emergency.
However, the 24 hours notice is not enforceable, whilst for a genuine emergency you can insist you only allow a certified engineer e. Gas Safety to enter the property and that they not be accompanied by the Landlord.
I am not suggesting that you create a problem with your Landlord but they seem to have boundary issues. You could then write him a firm letter telling him you have been forced to change the lock because he does not seem to understand your legal rights of quiet enjoyment of the property and he was in breach of his own tenancy agreement.
Then say that if there is any further harassment you will be reporting the matter to the Police and reserve your right to take legal action against him under the Protection from Harassment Act , it is important you do not fight with him or that may affect your position. It is slightly different for lodgers but if you ever feel unsafe let him know and let the local authority or Police know.
I live in the second apartment and there 3 the tenant in no 1 has changed the entrance lock should he provide the new keys. My tenant has changed the locks and refused to give me keys, what can I do? She told me that CAB told her that she can take a rent holiday and she has not paid any rent for 3 months. She has threatened me, that if I go near my house she will call the police.
Do I go for a possession order or go for a section 21 notice. She has two dogs in the property, breaching the contract. There is no grass left in my garden due to the dogs.
Can anyone give me some advice please? A tenant like this is going to be difficult to shift, just accept that it is going to take time and she is going to make things as difficult as possible. You will be able to hold her responsible for damages by dogs. The first thing you do is turn off the tap, that means you contact the Council and put in a claim for rent to be paid direct to you as arrears are greater than six weeks. This will be at the level of LHA for your area which has been increased lately and for the number of bedrooms she needs which may be less than she has.
If they say she is not on housing benefit then you try same thing with Job Centre Plus who process HB when element of Universal Credit. Right now she is using her housing benefit to live on, when the money is cut she will likely look for another place. Meanwhile you need to issue a Section 21 and a Section 8 notice, you need the Coronavirus versions which require 3 months notice, this doc explains all.
At the moment all eviction proceedings are stalled so there will be a backlog but you might as well get the ball rolling to mitigate your loss. Next you need to get somethings in writing, if you contact me via the forum I can write you a letter that will put a few things on record for the eventual Court date and may bring her out of her shell.
She is not entitled to a Payment Holiday, she is encouraged to negotiate a deferring of rent according to her circumstances. It is still up to you to agree any deferring of rent. YOU are entitled to ask your lender for a payment holiday which defers your payment of mortgage by adding 3 months to mortgage and Government has just asked banks to give another 3 months.
That does not mean you have to mirror that, your arrangement should be based on her circumstances, I will be able to help you get those. Join the forum, confirm the email don't use hotmail and then follow the link below which has an option to send me a private message. I am a tenant for the first time in 35 years and experiencing the horrors of poor management by a dreadful London estate agent.
It's fun reading the other side of the story. Interesting choice of icon for tenant, looks angry, probably with good reason.
I own a house and a property I holiday rent out.
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