Landlord Changes Locks To keep Scumbag Tenants Out
Written by The Landlord on 04 Dec 2008
One of the most active and interesting articles (in my opinion) on this website is the I’m evicting my tenants post. The post is basically about me throwing my toys out of the pram and having a gutless whinge about my tenant, and how I want to evict her stupid ass. For the record, if there’s any justice in the world, she’ll be slowly burning in hell like a skewered lamb kebab right now.
The post is interesting because a lot of people have been actively commenting on the article; majority of the them being Landlords that are also experiencing frustrating situations with shit-for-brains tenants.
I’ve dealt with some real scumbag tenants in my short time of being a Landlord, consequently I know how stressful it can be. If I had it my way (providing that a tenant steps out of line), all landlords would be well within their rights to change the locks and throw their tenants onto the streets.
Having said that, here’s an interesting comment left by a landlord:
hi
ive been a landlord foe 20 odd years and seen and heard it all.I used to get real angry when this sort of thing happens but in the end it just eats you up.
you have to realise there are loads of fucking arseholes out there that don’t give a fuck how much grief they cause. I had one who was 3 months in arrears then, can you believe this. Sub let it to a load of drug addicts who wrecked the property it cost 12 k to refurbish it.
I was so angry i forced entry when they were out. Paid a man and a lorry to empty the whole lot. Cost me £400.00 Everthing they owned. Took it all to the local tip, flat screen hi fi whole lorry load, Tipped it up good riddance. Changed the locks and waited for the phone calls. took about 2 hours then boy did the phone ring. Wheres all our our stuff they screamed. Down the fucking tip you low life. take me to court if you like.Still waiting to hear.
risky but sometimes you just have to step up to the plate and take whats coming.
good luck
Paddy
Now, that’s how shitty tenants should be legally treated in my opinion. Although, 3 months in arrears is way too long, they deserve to be locked out after 2 months of arrears, max. I’m not condoning this activity, because I wouldn’t even do it. I’m just saying that’s how it should be. If you’re a Landlord with a pair of dinosaur balls (like Paddy), consequently have no qualms with laughing in the face of the law (in this particular scenario), then all the power to ya’
It is illegal for a Landlord to change the locks?
Just to clarify, it is illegal for a landlord to harass or change the locks to prevent tenants from entering the property. So before you go storming into a property with the intentions of taking the law into your own hands like a crazed wild-west lunatic, think of the consequences.
Acts of illegal evictions include
- changing locks when you are out
- being physically thrown out of all or part of your home
- physically stopping you from entering your home.
Landlords have to follow a legal procedure to evict tenants, by serving the correct sections. More on Evicting tenants, legally. Illegal eviction is a serious civil and criminal offense, and a landlord can be prosecuted if guilty of doing so.
In most cases, the landlord must obtain a possession order from a county court after serving a valid Notice to Quit. The tenant doesn’t have to leave at this point, and a lot usually don’t. Only the court can decide whether the tenant has to leave the property. It will normally take several weeks before the case is decided in court.
Exceptions to the rules
The landlord does not need to obtain a court possession order to evict if:
- you have a resident landlord with whom you share facilities, like the kitchen and bathroom
- you are not paying any rent for your accommodation
In these cases, the landlord is only required to give reasonable notice to the tenant to leave the property. Once the notice has elapsed, the tenant becomes a trespasser and the landlord can legally change the locks at the property.
Are you a landlord that has been forced to change locks? Maybe you’re a tenant that has changed the locks. Tell me your story…
58 Comments - join the conversation...
Jools
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When I was living in London and was serving my 1 month notice (my choice, moved to a flat share with friends), my landlord gave two agencies permission to let themselves into my flat for viewings with a copy of my key which he'd given them, whilst I supposedly wasn't in. Of course, I was because the cheeky arseholes didn't even bother knocking the first time!
Now I am up north and my current landlord has threatened me and I had to get the police involved and his wife screamed at me down the phone and they're evicting me - just because I told them my (their) washing machine has broken down and I need it to be repaired - and not due to my negligence either.
I long for the time that I'm able to afford a deposit and subsequent mortgage. I've had it up to here with useless landlords!!
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Cheshire Locksmiths
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Your decision.
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Get some fleas and drop them in their bed.It wont be long before they will hate the place.
Fire spray foam up the gas pipe so they have no heating and Transco will be puzzled as to why they have no gas.
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Give the keys to a burglar - what a fab idea (makes note in little black book).
Outstanding!
TB
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I understand it is frustrating to deal with a more awkward tenant, but it really is better to go through the proper legal channels. We will be seeking legal action to claim for damages as a result of his behaviour and after the council has finished with his criminal case for illegal eviction he will have to pay for their legal fees, a large fine ("unlimited" fine), time in prison and a criminal record.
If you illegally evict someone, even if they are a bad tenant, don't pay rent, etc, it is a serious crime (criminal not civil). The tenant will probably be entitled to a large amount of damages. If you throw away or damage their property, putting it out on a lawn counts, if there's any dampness that's liquid damage and you are solely responsible, you will have to pay back as much compensation as the property is worth, but usually more.
Protect yourself and go through the proper legal channels, no matter what the tenant does. Also, don't be an arsehole, there's two sides to every story. Let the courts decide who is right.
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My Massive problem is that I am due to move into the place next Friday as I complete on the sale of my home then.
Any ideas as to whether I can sue the council for enabling someone to trespass whilst I'm having the cost of the court papers etc to evict and rent & storage of my friggin house - all while he lives in MY house and is £80 short of HB to cover the mortgage on it.
FURIOUS and very upset!
I doubt the illegal option is any good - he never gets his fat ass off the sofa to leave the house long enough to lock him out!
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Mike
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I'm not directing this at all of you landlords, as some of you have been fair and stuck to the law. Just the ones that don't understand how things work. When renting out a property, you give control away. I suggest you read up on this before letting out again. The tenant can stop ANYONE from entering the property, for ANY reason whatsoever. You can give them 24 hours notice and ask nicely, but they can still tell you to clear off. Its their home, and if you want to stop that, then you will need to go to court. The only way to force entry to a home is with a court. Even the police need a warrant or a very good reason to get entry. So who the hell do you think you are chucking their stuff on the street? Just because you're too ignorant to have bothered to read up on property law before getting into the property game. It only takes a bit of research.
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How do I get the key to my property? Can I claim damages from my tenanet for neglecting the property and dumping rubbish in the garden?
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If you have legal possession, just get a locksmith. Costs about £50 depending on.
Yes you can claim damages, including the lock changes.
Why dont you use the deposit?
If you dont have a deposit and you think the tenant has any money, then use money claim online to claim against them using your inventory as proof.
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What about their morgage payments. I couldnt pay my morgage so i let my house and went and Got cheap shitty accomodation so the bank couldnt forclose on me and guess what i got arseole tenants,I GOT THE SOB STORIES,BUILDERS OWED HIM MONEY, CANT WORK CAUSE OF WISDOM TOOTH,BLAH DIDNT MATTER THAT I NEARLY WENT CRAZY,COULDNT SLEEP,SHAME YOU DONT HAVE ONE OF THESE LANDLORDS !!!!!!
i
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POWER TO THE LANDLORD AGAINST SCUMBAG FREELOADING TENANTS! LANDLORDS UNITE!
There should be a sex offenders type UK wide database for these people to warn other landlords but its unlikely due to data protection.They just go from landlord to landlord and tell the new landlord that their last landlord was an asshole ect....
Mike
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I really enjoyed that case. Idiots and arseholish folks like you Mike Rhodes pay my wages.
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Even if we were to believe your imaginary job.
"the fact he was going to the cashpoint to get some money out to clear his arrears"
c'mon!
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So are you a Lawyer or a LIAR? Both words sound the same when pronounced lol
I would say you are a liar based on your style of writing.It is not written in the style in which a solicitor would write it. Can you provide me with a link to any case law that would back up your claim that you won a scumbag tenant 25k? Total rubbish. If this was the case you would get these scumbags making a living out of being illegally evicted...."I was at the cashline getting your money when you called" Ha Ha Ha ok then.At 25k a year legal expenses paid its a nice little earner. Not only free accomodation for a few months but they also get the chance to win 25K....thats better odds than buying a scratchcard. It is only the flea bitten soap dodging liars who will come on here and defend themselves under the cover off "I'm a Lawyer" sorry LIAR.
Another hot tip ladies and gentlemen!
If you go into the property and just change the locks and remove the tenants belongings then you are committing an offence....you have to be smarter!Go to the police and tell them that you have tried to contact the tenant but had no reply. You went round to the property and you found a note on the door saying "I have moved out the property and will be back for the rest of my belongings next week as I have nowere to take them.Thanks" It then becomes your word against theirs making it a civil matter. Act dumb, you had not had your rent and you assumed the tenant had absconded.All you did was went round and secured the property. Impossible for the police or the non paying evicted tenant to proove otherwise. The government are now paying these scumbags direct. They steal from the tax payer and the landlord. You have to fight fire with fire and decent people are forced to take extreame measures rather than sit back and get a scumbag take them down finanially. The police are useless and they hate getting involved with this. Even a police officer agreed with me and said its all wrong but their hands are tied.The time it takes to get to court they owe you serious money and trashing the flat knowing they will be out in a couple off months.
I had a tenant who rented from me and lost his job. He asked me if I could wait a month till his housing benefit was sorted out and when it was it was no problem.
Excuses I have heard?
1. I had your rent but left my purse on the bus.
2. My Grandad died at Christmas and I had to pay for the funeral.
3. I can only give you £100 this month as I had to buy a new PC.
4. I lost my bankcard.
5. My wages have been mixed up at work.
6.I have transfered the money into your account...did you get it?
7. The money takes 14 days to go in.
8.I am not paying the rent till you fix the leaking tap.
9. My cat had to go to the vet.
10. They have cut my hours at work...what do you suggest?
What plannet are these people on...how were they brought up?
Mike
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Remember people, Can't pay...can't stay
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http://www.landlordlawblog.co.uk/2010/06/14/five-harassment-and-unlawful-eviction-cases/
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In fact, damages for illegal eviction can be extremely high in certain circumstances - Cashmere -v- Walsh springs to mind (find it here: http://www.landlordlawblog.co.uk/2010/01/15/two-harassment-and-unlawful-eviction-damages-cases-2/)
The "tenant absconded" defence doesn't always wash either. You may wish to look into "implied surrender" before doing this. General rule - if they don't give up the keys or move out all their stuff, they've not abandoned the tenancy.
Best illegal eviction I ever came across (in terms of refuge in audacity) was where yon landlord got his pal to pretend to be a Court bailiff and post a phony notice on the door. It was quite a good one too, it even looked genuine. Unfortunately a quick call to the County Court (and the fact that the warrant number began with the wrong letter for that year) soon proved otherwise. That landlord was a right nasty little earsling; threatened to trot round to our offices and punch us all in the face.
Needless to say, Rhodes, I don't know if you're in my patch but I'll look forward to coming across you in a professional capacity. In the meantime, quit whining about the fact you got stuck with a bad tenant and suck it down like everyone else. Maybe also do more extensive background checks. That might assist in future.
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Thanks for your honesty....I would gladly entertain you in court and I usually defend myself.I have been taken to industrial tribunials and small claims courts for various things and, as always,I just end up getting a slap on the wrist. Judges are not stupid and can see that most of these people are money grabbing riff raff and understand a landlords position.I have a large portfollio ranging from high end flats to bedsits in really bad areas.The high end properties I have no trouble with but the slum properties that I got cheap....thats a different story.You will not get quality tenants in these flats and when doing checks on them if you were to dig too deep then you would rent to no one.When selecting tenants for these low end properties you have to understand that the people looking to rent are on the same level as the people you see on Jeremy Kyle.You know the type. They are all assholes but at the end of the day it boils down to the level of asshole your personality can tolerate.I have rented property for over 12 years and if someone does not pay they usually go within two weeks.These types of tenants take liberties and mistake nice for soft so you have to take them on at there level.I had one guy who was dealing drugs from my property. He had this wieght bench and used to bench press this thing about 100 times. I could not even lift this off the bar! When he got his rent cheque he would not give it to me. When I asked him for it he told me if I came near the property I am dead,end of.I had to get someone who could lift his wieght bench 200 times.I got this local guy to go round. He just went round with a roll of black plastic bags and the minute he opened the door he walked into the property and said "Guess what! I have just bought the flat from Mikey! pack your stuff I am moving in now!" What is this guy going to do? a convicted drug dealer with convictions for assault and known to the police? Go figure. Once he went I got a few threatening txts but that was it.
Another hot tip!!!! If a tenant does not pay make them an offer of another property!!!!!Go round with a glossy waterfront brochure of a new developement with two extra bedrooms.Tell them the rent is only £50(makes no difference as they won't pay that either) a week and £1000 cashback when they move in.Even tell them you will have a removal company get their belongings. Take all their gear to a local Barratt or Redrow developement and tell them you have forgot the keys. Put all their gear on the street and just don't go back. End of tenancy lol.
Believe this or not...I am an approachable and honest family man. I even have former tenants invite me to weddings! I will not be taken for a ride and will not just sit back.I will do whatever it takes within the law to piss them off as much as they have pissed me off.All I want is for them to pay their rent. I do not believe I am going too far. Have any of you seen the film "Taken"? I should get liam Neilsen to phone them and ask for the rent(watch the clip on youtube!)
Thanks for your replies and hope you are all having a good weekend. Do not let the bastards grind you down!
Mike
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Notwithstanding that I doubt someone capable of obtaining £25000+ damages would be struggling to win an argument with a self confessed semi literate builder (no offence Mike) on an amateur landlord site, youve given me an idea for speeding the eviction process.
After obtaining a possession order, if they dont leave, it can take weeks to arrange court baillifs. Although strongly advisable, it is not a legal requirement to use them.
So on the Friday at 5pm after receiving the possession order, turn up at the house and state you will be arriving at 8am Monday morning with the(unspecified) bailiffs. Whereupon you will take over legal occupancy as per possession order dated..Police presence has been requested along with a dog handler, locksmith..
The idea of nailing a big legal eviction pack to the door is a nice touch.
It would be a brave tenant still there on Monday morning.
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What irks me, though, is this: "Judges are not stupid and can see that most of these people are money grabbing riff raff and understand a landlords position." Don't think that anyone who gets illegally evicted is some sort of crim or dole bludger. The woman who got booted by the pal pretending to be a bailiff? She was in no arrears or anything like that, the landlord just wanted to sell up and was annoyed that the Council had told her she would be intentionally homeless if she moved out without there being a possession order and/or bailiff's warrant. Landlords wanting to sell is a big motivator for illegal evictions.
I did have one where I did act for a person who was, quite frankly, a scumbag and who turned up to court in the very essence of "scrote couture." And yes, the landlord represented self and put in statements from self and other persons saying how this chap was a drug user who resorted to thievery to pay for his habit. You may have thought that the Judge had him as a "money grabbing riff raff" but this wasn't the case. The Judge actually refused to allow in those statements saying that it was little more than an effort to smear the Claimant and was irrelevant to any fact in issue and thundered that "that sort of thing does not happen in my court."
You are right in saying that there are some people who try to goad their landlords into illegally evicting, usually by temporarily leaving the property, saying off-handed that they're gone (never in writing so it's deniable), then returning once the landlord's moved someone else in and claiming illegal eviction. Judges usually see through this but landlords who are insufficiently clued up may be tempted to take the then inevitable early settlement offer. You can protect yourself against this by treating the tenancy as active until they return the keys.
If there are rent arrears, you can, as landlord, counterclaim against the tenant for them if he tries to sue for illegal eviction and these will be set off against any damages award (so long as, of course, you can prove there are arrears). So fine. Knock yourself out. Same if they've trashed the premises.
I agree that the Courts are inefficient and slow in almost every type of case and it is just nuts (and several landlord clients of mine have fulminated about it to me) that the Council won't rehouse these people unless they stick it out to the end, even when it's a s. 21 and the landlord's paperwork is all in order and the deposit's protected and all that so there is no defence. Unfortunately, in the words of HHJ Seymour in the case of RC Residuals Ltd -v- Linton Fuel Oils, "that is life and life is tough."
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I am a nice person and all my friends are nice but being a landlord has changed my personality.I have walked into flats I have spent 10k on only to find it destroyed 6 months later.I have been threatened, assaulted,stand offs with drug dealers and even had prostitutes use my property.I have met some really nice people renting flats but also some of the nastiest in the world.
You would not walk into a reataurant and leave without paying and you as a Lawyer would not defend anyone without a fee. You would be angry if people did not pay you even though you earn around £300 an hour and drive a Merc. Some tenants believe that landlords sit on their yacht, drinking expresso and managing their property porfollio....not the case.Most amature landlords pay a mortgage on their buy to let and the money they make barely "washes the face" of the property.If you are sitting on a load of properties you aquired cheaply before the last boom then you can make a living.With other people who have remortgaged to do this are facing financial trouble if they do not get their rent for months from a tenant.They can be left owing £0000,s and a wrecked property.I had to wait 3 months for the council sorting out a DSS claim and the tenant was packing her bags knowing her £1200 was being paid into the bank on Monday.I knew she was going and I could do nothing about it.
I know full well the procedure for evicting a tenant but the law is fully on the tenants side no matter what damage it does to the landlord. You have to fight back and ever bad tenant I have got rid off has left with the thoughts "what a complete bastard". I can be the smiling assasin and always look and think up idears to create certain pressures.
Why are you in our gang hut Zen? and anyone else who wants to critisise the extreme measures discussed.It makes you money Zen, that is good, but I will do anything to assist a fellow landlord.I myself am a good landlord. I do my annual safety checks and address all maintenance issues promptly. Its when people work and have no excuse for not paying rent and all the wanker bollock rubbish that comes with it, I take offence to it.For non paying tenants the gates of hell have just oppened.
I have a serious hangover today but I will share with you another hot tip!!! check this out!
I tenant will not pay and will not leave the property long enough for you to go in and change the locks.If you apply aradite to the lock you will find the scumbag tenant would rather kick the door in than pay for the services of a locksmith./if the tenant will not leave then go and buy yourself a pay as you go phone at asda...unregistered.Bring out the yellow pages and starting at "A" work your way through the book till you reach "Z".Book your tenants some essenial appointments for double glazing, carpet cleaning,life insurance ect ect ect.Tell the reps to come anytime from 8am till 10pm since they are available all day.A visit every half hour would be enough to piss them off....works well.
When all my help and advice fails and the tenant is still hanging in there and a glutton for punishment the last resort is to contact Zen....she seems to get results in damages claims.
Mike
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Childish and ineffective. Your hangover must be well bad.
The only people youre screwing around are honest tradesmen. After the first couple of calls the tenant will just stick a note on the door saying its a prank.
Araldite on locks? C'mon mate, massive risk of criminal charges for very little inconvenience. Five minutes and theyre back in.
Just use the law properly. Instead of reading the yellow pages try reading the landlord and tenant act.
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I probably know more about the law,property developement,construction, people and life a lot more than you for a degree qualified semi literate builder. I do not mind constructive critisism and some of my comments are tonque in cheek for the benefit of the frustrated landlord.If you go around acting like Al Capone you will end up in prison.I do not take offence at Zen as she is putting up a valid debate. As for yourself, you are using it just to have a cheap dig at myself.You probably live with your mum and have invested your money in buying her council house and your other investments are a dog kennel and a garden shed.If I carried out any of these things I would by the age of 40 have a criminal record, which I don't. I am a registered landlord and know the law. If I didn't have a clue I would not have the portfollio I have nor the sucessful construction business.
Ligthen up Benji and take the blog as a laugh and with a pinch off salt instead of using it just to have an asshole dig at people.
Thankyou
Mike
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Fair enough mate, sorry you took offence.
Be lucky.
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I am a Joiner to trade so changing locks or forcing entry is not a problem to me.Taking the law and evictions into my own hands only gets me in trouble.I will look you up and see what you can do for me in Scotland.
Thanks for your help and that seems like the way ahead. Someone who sees my point, and my view on these people, but can address the matter legally and quickly.
Mike
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I don't agree with tenants not paying, especially as they can get housing benefit if they're not earning. But, i also don't agree with ignorant landlords who break the law. If you're renting out a property, its worth reading up on the rules.
And if you're taking the risk and not doing proper background checks, then you only have yourself to blame as you've taken a gamble.
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I think you need to lighten up mate.
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I think he has gone for good and cannot be interested in his gear after all this time.Is the ford Anglia for sale? I love the old classics! give me a call and I may take it off your hands.
Mike 07769960741
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I initially started this website because I wanted to document my every step from property idiot to property landlord,
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