landlord changes locks

[melanie1975]

i am having a problem with my sons landloerd he has been recently sent to prison the landlord has said he his keeping his 420 pound bond for some minor damage which we have agreed to but when i went to remove his belongs the locks have been changed ,i contacted the landlord who told me my son should of given 4 weeks notice on the property and untill i give him this money he wont let me take any belongins from the property is this allowed ?

[melanie1975]

please help my son was unexpectedly sentanced to jail i went to empty his property the landlord came and i told him the situation and that i would return keys in a couple of days when property was emptied ,i went down to get his things and the locks have been changed ,i rang him and he said untill he recieves rent for the 4 weeks notice my son should of given he wont give me his property back he is also keeping bond of 420 pounds for some minor damage is he allowed to do this ?i have agreed for him to keep the bond for damages just want property back .

[Bang!]

Where are you in the UK, and do you know the type of tenancy agreement your son had?

 

Also when is your son likely to be released, as unexpected sentences tend to be fairly short?

 

Are you sure he wont be returning to live in the property again, or did you decide for him?

 

When is your son's rent paid until?

[45002]

please help my son was unexpectedly sentenced to jail i went to empty his property the landlord came and i told him the situation and that i would return keys in a couple of days when property was emptied ,i went down to get his things and the locks have been changed ,i rang him and he said until he receives rent for the 4 weeks notice my son should of given he wont give me his property back he is also keeping bond of 420 pounds for some minor damage is he allowed to do this ?i have agreed for him to keep the bond for damages just want property back .

 

Lets say your Son is released from prison tomorrow or in 2 weeks time ? and lets say wanted to go back to the flat to live...

 

So then he cant get back in due to LL changing locks...

 

The Landlord has committed a criminal offence under 1977 Protection from Eviction act and in extreme cases can end up in Prison....

 

If the tenant does not volunteer to give up the flat in writing,LL must serve correctly notices gain a possession order and enforced by Bailiffs not a LL...

 

If a tenant is in arrears,LL must obtain CCJ via county court and not Blackmail a tenant by keeping there personal belongings until they pay up...

 

Contact the your local council housing department private tenancy unit who deal with these Rogue landlords or a Solicitor...

Edited July 9, 2012 by 45002

[ims21]

melanie

 

I have merged your other post on this subject into this thread.

 

Please just keep to this thread for this issue.

 

Thread tidied

[mariner51]

A prison sentence alone cannot terminate tenancy and any NTQ or offer of early surrender, should be made by T as prescribed in Contract or Statute. The LL was wrong to change locks, unless he felt non Ts had access to property, but is entitled to rent until T is legally terminated.

Again we appear to be in uninformed blame culture without negotiation.

[Bang!]

Without knowing all the details of the type of tenancy, your location, or even if your son's sentence was related to the damage in the property, then its difficult to be specific. But its almost a certainty the LL is in the wrong.

 

To resolve things quickly your best bet is probably to visit the Shelter web page & call them earlier in the morning as they are normally busy most other times.

[45002]

Without knowing all the details of the type of tenancy, your location, or even if your son's sentence was related to the damage in the property, then its difficult to be specific. But its almost a certainty the LL is in the wrong.

 

To resolve things quickly your best bet is probably to visit the Shelter web page & call them earlier in the morning as they are normally busy most other times.

 

The OP needs to contact

 

 

Contact the your local council housing department private tenancy unit who deal with these Rogue landlords or a Solicitor...

ASAP

 

http://local.direct.gov.uk/LDGRedirect/index.jsp?mode=1.1

 

Shelter will only advise the samething...

Edited July 10, 2012 by 45002

[melanie1975]

thanks all ,his offence has nowt to do with damage to property he had a 6 month tenacy which has ended so just a rolling one now ,hes due out in 9 weeks and did ask me to move out his property as rent was paid up to date the LLdispute is the 4 weeks notice he should of gave which he possible couldnt of give not knowing he was going to prison .

[ashmk]

In my opinion, prison or not you still would have to give the 4 weeks notice so the landlord could claim for 4 weeks extra rent.

It's not the LL fault your son has gone to prison and should not be out of pocket because of it.

 

however the LL has gone about it the wrong way.

[melanie1975]

my son would of give him the 4 weeks rent when hes home ,but he wont be getting anything now he cant just change locks an keep property which values to much more than £420 ,he hasnt used bonding scheme for bond and he is known to turn ppls electric off if rent not paid on the day ,been intouch with both these an its looking like hes basically stuffed his self .

[The Carpet Cleaners]

So your son is guilty of non payment of rent, but is not 8 weeks behind, so not a lot LL can do at this stage LEGALLY.

 

LL has not protected deposit... In court that would be forced return of deposit and fine of up to 3 X deposit if found guilty....

LL has illegally evicted your son without a court order..... If he is taken to court for that it is about £6000 fine and up to 6 months inside for LL with the right judge.

 

Maybe a word with the LL letting him know this, might enable you to agree for you to get your sons stuff back, and him (LL) not be taken to court.

 

 

Just a thought.

[mariner51]

If rent is payable monthly , then son is liable for 1 month rent on due date, not 4 weeks.

Termination during SPT has prescribed dates for service & expiry, so your son could be liable for 2 months rent, much more if he waits for release. NTQs etc can be mailed from prison.

 

Suggest you pay LL 1 month rent demanded, in full & final settlement of T when you collect son's belongings. Get a receipt stating tenancy was terminated on a specific date from LL.

I know the LL is app in the wrong, but any recovery action by T will involve Court fees up front and hassle. LL is reqd to keep Ts abandoned contents safe until the T has been correctly terminated or for 3 months

[45002]

melanie1975

 

If you want to get your son belongs

 

Contact the your local council housing department,ask for private tenancy unit who can deal with these landlords who break the Law...

 

The council can take legal action against the LL if necessary ?

 

or contact a Solicitor...

 

http://local.direct.gov.uk/LDGRedirect/index.jsp?mode=1.1

 

The longer you leave the worse it's going to get....

[Bang!]

Is there a Landlord registration scheme in operation where you live?

 

As from the behaviour I would doubt they have bothered to register, and a complaint would be a good idea.

 

You have not mentioned if you are in England/Wales or Scotland, which makes it a lot easier to be very specific when answering.

 

The LL seems a chancer, and I would direct as much inconvenience at them that you can do without spending money - in order to soften them up for an LBA.

 

Do you think its likely they extent of the damage caused by your son would reach the sum the LL is keeping?

[mariner51]

"the landlord has said he his keeping his 420 pound bond for some minor damage which we have agreed to "

 

so T damage & deposit refund does not appear to be the issue, only rent in lieu of Notice. As explained, if T was in the SPT T period covered by paid rent when NTQ served, he is still legally liable for next T period rent, given SPT Notice requirements., the sum demanded.

Yes the LL is culpable for changing locks & excluding T during tenancy, but not if he excludes non-Ts., T would have to sue for illegal eviction and show HE was unable to gain access.

As a LL I would not allow anyone to remove Ts contents without written approval, signed by T, by changing losks

LL has a duty of care for 3 months for any of Ts property left in unoccupied property

LL is running a rental business, governed by contract law & statute ( a fact ignored by many Ts)

If Ts contents in this case exceeds sum demanded then no brainer

 

At the end of the day, prisoners are allowed to post censored mail and LL entitled to recover debts owed. OPs son could end up with prison record and CCJ

[caledfwlch]

I thought illegal eviction was also a Police issue, or is it different as the Tenant has been imprisoned?

[melanie1975]

police said it was a matter between T and LL ive seen a solicitor now and just getting ready to sort court proceedings coz yes its illegal so is not putting bond into scheme and turning electric off from main fuse board hiself ,the man as a bad attitude cant wait to see his face in court

[45002]

police said it was a matter between T and LL ive seen a solicitor now and just getting ready to sort court proceedings coz yes its illegal so is not putting bond into scheme and turning electric off from main fuse board himself ,the man as a bad attitude cant wait to see his face in court

 

That even worse a LL cutting the electric off

 

I'm glad your getting this sorted now anyway,good luck with the court action keep us all post on CAG

 

45002

[raydetinu]

yep several breaches of landlord and Tenant act and the Prevention of Eviction Act here; Solicitor will have a field day and LL is in serious trouble as they are Criminal Offences.