Trenners Posted May 22, 2007 Report Share Posted May 22, 2007 Hi all, My tenant is not in rent arrears but they have decided to change the front door locks (of a flat). I know this is worrying as I am unsure what it is they have to hide ! We have arranged to perform a property inspection - by writing and giving at least 48 hours notice as per the tenancy agreement - but the tenant didn't show up. We tried to let ourselves in (which was when we found the locks were changed). I know we need to proceed with caution because, legally, I think the tenant is entitled to change the locks and they don't, necessarily, need to provide a key to the landlord. Any ideas what we should - legally - do next as I do not want to illegally evict them (by changing the locks myself etc). Any advice ? Mark Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted May 23, 2007 Report Share Posted May 23, 2007 Hi Mark try to contact them by phone to see what is going on personally on the ocassions that this has happened to me i have insisted on a copy of the new key - whether this is legal or not i dont know, but they have always given me one ! Failing this call round in person in the evening or early morning when they are likely to be in - also speak to neighbours to find out if they have possibly left prop or find out about untoward activities. I have names and tel no's of most of the neighbours of my properties as a matter of course - i just call round and introduce my self and say that if they feel there is anything they are not happy about ref the rented prop then contact me - the same works in reverse as i get their details ! Siimon Link to comment Share on other sites More sharing options...
Melboy Posted May 23, 2007 Report Share Posted May 23, 2007 Mark The Tenant is not legally entitled to change any locks without informing the Landlord (It says so in my contracts and always has for years). By changing the locks surely they are in 'breach of contract' because it would mean that you would not be able to gain access in the event of an emergency which in itself should be in your Tenancy Contract? I would prepare for the worse if I was you 'cos it does beg the question why would any Tenant want to go to the trouble and expense of changing locks if they didn't have something to hide? Good Luck! Mel. Link to comment Share on other sites More sharing options...
GPEL Posted May 23, 2007 Report Share Posted May 23, 2007 I'm not sure you can gain access without their permission even if they are in breach of contract as it would be trespass. Write to them advising that you should be provided with a copy of the key and that they are also liable for any costs that may arise out of not providing the key such as access during an emergency. Link to comment Share on other sites More sharing options...
Trenners Posted May 23, 2007 Author Report Share Posted May 23, 2007 Hi All, Thanks for all of your advice. I have been speaking with our local Council (the tenants are claiming benefits) and we (ie: the Council and my company) have decided on the following strategy :- 1) Write to the tenant to inform them that we will be undertaking a property inspection in 24 hours time and they are expected to be at the property (to let us in). 2) In the same letter, explain that if they are not at the property then we will gain access - via a professional locksmith - and perform the inspection in their absence. 3) Tell them that they can then collect a key to their property - at any time - by calling my office. The Council are comfortable with this approach as we are not illegally evicting the tenant (because they can collect a new key from us whenever they want) and we are not using any sort of threatening behaviour (because we are simply performing the inspection report). I do agree with Melboy though ... and fear the worst ...... I've just visited the property to serve the letter informing them of the inspection to find the "post box" bust open and their mail discarded on the floor at the front of the flats. With a bit of luck they've abandonded the property ..... I'll let you know ! Mark Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted May 23, 2007 Report Share Posted May 23, 2007 Hi Mark Maybe this is straight forward - and they lost the keys or snapped one off in the lock etc and had to replace it ? You need to speak to them before jumping to wild conclusions! Lift the letter box -can you smell cannibis or see bright hydroponic lights? cos if you can (or even suspect you have a factory) the police will take your deliberation away and gain access immediately for you !! Simon Link to comment Share on other sites More sharing options...
Trenners Posted May 24, 2007 Author Report Share Posted May 24, 2007 Hi rodent, Unfortunately we have spoken to them and arranged for the tenant to come to the Council offices to meet with the Housing needs team, and us, earlier in the week. The purpose of the meeting was to for them to give us a key and for them to explain the circumstances that led to the lock being changed. Needless to say - they didn't show up. I will tread with extreme caution as we enter the premises later today (because I'm pretty convinced they aren't going to show up ad I don't want to destroy any evidence) and I will then let you know whether the place has cannabis has been trashed or been used for some other seedy purpose. Thanks, Mark Link to comment Share on other sites More sharing options...
Trenners Posted May 24, 2007 Author Report Share Posted May 24, 2007 Hi all, I'm a bit disappointed really - the tenant was at the property when I arrived (to change the locks if need be) to perform the inspection at 5pm today. The flat is fine - the tenant is fine - although I read her the riot act for being unco-operative - I've got keys to the flat .... and not a cannabis plant in sight !! Thanks for all your advice ... I think we will still get rid of her at the end of the 6 months .... but your support was really helpful. Mark Link to comment Share on other sites More sharing options...
Melboy Posted May 25, 2007 Report Share Posted May 25, 2007 Hi all, I'm a bit disappointed really - the tenant was at the property when I arrived (to change the locks if need be) to perform the inspection at 5pm today. The flat is fine - the tenant is fine - although I read her the riot act for being unco-operative - I've got keys to the flat .... and not a cannabis plant in sight !! Thanks for all your advice ... I think we will still get rid of her at the end of the 6 months .... but your support was really helpful. Mark Why did they change the locks though Mark? When this happened to me (1997) not only were my so called 'professional couple' gone on a Moonlight flit but the locks had been changed by a person, who was totally unknown to me, occupying the property !! Apparently, he was a sub-letting Tenant who rented a room from them Monday to Friday. I politely asked him to ensure he was gone by Friday.... and he was. Just as well! The place was in a terrible mess which took 3 days to clean and clear. Mel. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted May 26, 2007 Report Share Posted May 26, 2007 Hi Mark Apparently some bright spark physcologist once calculated that 98% of what we worry about - never happens ! 1-0 to him on this one then ! Glad things were okay - but please get your tenant to tell you why the locks were changed as there are several hundred of us out here wondering why ......................!!!???????? Simon Link to comment Share on other sites More sharing options...
tony_ mort Posted May 26, 2007 Report Share Posted May 26, 2007 Is that any reason really for your getting rid of them at 6 months? Sometimes the Riot Act read once is all you need to get them to co-operate for the rest of the tenancy. They do something stupid, the sky falls in, they know you keep an eye on them, they never do it again: everyone happy. Link to comment Share on other sites More sharing options...
stephanie Posted May 26, 2007 Report Share Posted May 26, 2007 So, why did she change the locks? I'm dying to know. Link to comment Share on other sites More sharing options...
Trenners Posted June 10, 2007 Author Report Share Posted June 10, 2007 Hi everyone, Sorry for the delay in getting back to you all .... I've been away on holiday for a couple of weeks ..... the locks were changed (at 02:30am in the morning by an emergency locksmith) because the flat door slammed shut behind the tenant and she did not have any keys to let herself back into the flat. I'm not 100% sure I believe the story - although the door is a bit tricky to operate and it is POSSIBLE that the door did slam etc etc ... but this does not explain why she didn't show up for the meeting with the Council etc etc I am very uncomfortable with this tenant - lots of things don't add up (eg: she has a child but only a double bed exists in the property - I know the child exists because I've seen it) etc etc etc and we will do our best to get her evicted after 6 months (but it will probably end up via a court order). Thanks for all your help .... Mark Link to comment Share on other sites More sharing options...
Melboy Posted June 11, 2007 Report Share Posted June 11, 2007 The possible reason Mark probably lies in the murky world of co-habitation rules and DSS payments etc. One reason for changing the locks is to stop another key holder from gaining access, perhaps after a falling out etc. If you know there is a child within the Tenancy and that child is permanently supposed to be living there then there would be plenty of evidence around the flat to support that fact, like a picture perhaps?toys? need I go on................ Mel. Link to comment Share on other sites More sharing options...
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