Housing Association Is this legal?

[metroliner]

I hope I have posted this in the right place, but I really need some advice please.

My daughter was renting a property from a housing association. On Thursday she viewed a private rent property and on Friday she accepted that property. On the same day she phoned the housing association and asked how much notice she had to give and they said 4 weeks or pay 4 weeks rent. She agreed she would pay the rent and they sent her a form which she received the following day.

On Saturday she rented a van and moved all the big furniture and on Sunday she moved most of the other stuff. Her and her partner were going to return on the Monday to collect the rest of the stuff and remove carpets etc.

On Monday I got a call from the HA asking to speak to her as mine was the last contact number they had for her. I explained that I was her mother. The woman told me that a neighbour had said that the property had been vacated over the weekend and was now empty and they needed the keys back. I said I would call my daughter and call her back.

I spoke to my daughter and she said that her partner was at the hospital as his step-dad was having a major op and he had the keys, but would not be back until 6pm. I called the HA back and explained this and said that there still some things in the property that they wanted and carpets that were not wanted, but were going to be removed that evening when he had finished at the hospital and I said that I would deliver the keys back to them on Tuesday.

At this time the rent is paid up to date, a notice form has been issued but not returned yet and my daughter has agreed that after notice has been given she will pay the 4 weeks rent.

The woman from the HA said that she could not wait until Tuesday for the keys (less than 24 hours) and that the maintenance men were going to have to call round, break in and secure the property with tin shutters in case it was vandalised. She said my daughter would be billed for this and the removal/clearance of any property inside.

Within 2 hours the property had been secured with huge tins on the doors and windows. As the tenancy is still legally running, no notice received, no arrears IS THIS LEGAL? HA say that if the property is empty they have to secure it, but it had been empty less than 24hrs and still had some stuff in of my daughters. Surely if the property is now secured and my daughter cannot gain access then they have taken possession of this property and cannot continue to charge rent. Also can they charge for breaking in as I offered to deliver the keys within 24hours and can they charge for removal of carpets etc when she cannot get in to do this herself? Also this has all been dealt with through me and I am not the tenant so really they should not have even spoken to me about it. If they hadn't my daughter would have turned up that evening to collect the remainder of her stuff to find it all tinned up. I know they own the property, but do they have the right to do this and was 24 hours an unreasonable amount of time to wait for the keys to be returned?

 

Sorry if this is a bit waffled, but so much to say and very confused.

[raydetinu]

I suggest you speak to shelter, very good with HA work and tennancies.

[MrShed]

Issue being here that they had in fact received confirmation that the property had been vacated.

 

Can you please tell me the name of the HA?

[stu007]

Hi metroliner

 

Please get your daughter to read her tenancy agreement with the Housing Association carefully that there is no clauses in it that give them the right to carryout out the Boarding Up Actions.

 

Also check the Notice (termination paperwork) that there is no clause in it either.

 

If there is NO clause that gives the Housing Association the right to Board Up and Bill the Tenant then what they have done is incorrect.

 

Your daughter correctly I assume followed there termination procedure but it was the Housing Association that wanted the keys back early.

 

I would Speak to the Housing Association and ask them to forward you a copy of there complaints procedure (if your on internet check there website) and put a formal complaint in.

 

If you are unsure please seek advice from Shelter or Citizens Advice Beurea

 

If you could please give us a timeline of the events with dates would help better thanks

[Ed999]

Read this FAQ, which explains the very limited statutory rights of entry of a landlord (basically only a right to enter to do repairs) and the criminal offences which a landlord might commit -

 

Access to the Property by the Landlord