legal entrance

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  • legal entrance

    hi if i didn't take a deposit but did have a tenancy agreement that is periodic now do i still need to give 2 months notice also if they refuse to pay rent whilst in the two month notice, aren't living there but still have stuff there can i go in and reclaim and one more question am i legally entitled to have a key for the flat, mine's been taken and now can't get in at all can i change locks and leave them a key any advice appreciated thanks

  • #2
    You cannot legally re-enter your property unless equipped with a possession order granted by a county court and a court bailiff who is enforcing the order.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      no key left

      if the tenant leaves and doesn't leave a key what do i do? can i change the lock to get in? where do i stand, have a feeling they wont leave key as this has been an unpleasant scenario with bad feeling please advise on legalities

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      • #4
        Tricky one. How long has the tenant been gone for? Do you have proof they have left? Just because they haven't been paying the rent doesn't mean they've left. If you changed the locks and the tenants return then you could be in trouble.
        ****************************************

        If you are unsure about what to do seek professional Legal advice.

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        • #5
          in a similar situation i was advised by NLA to change the locks and put a notice in the window saying "Anyone with a legal right of entry to these premises please contact xxxxxxxx phone number" This means you have not locked them out, but, have changed the locks for security reasons for their benefit as well as yours.

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          • #6
            Check your buildings insurance. I know mine states that the property should not be unoccupied for more than 30 days at a stretch. This might be a might be a good reason to change the the locks & check the property is secure before posting the notice as stated above.

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            • S21 and refunds
              tatemono
              Because the poor old OP of THIS THREAD has seen it derailed by a long but nevertheless valid debate/argument/discussion about the interpretation of law, I've started a new thread because the discussion has raised some questions I'd like answers to.

              Say I have a tenant, whose AST started...
              18-08-2017, 05:52 AM
            • Reply to S21 and refunds
              tatemono
              well I kind of hoped that the OP would get their thread back if it was rerouted here but I didn't realise that this really only arises where there is disagreement. Plus the debate over there shows no sign of slowing down despite the OP's plea (in post #39 that he's now confused!).

              Ah w...
              19-08-2017, 12:15 PM
            • Reply to S21 and refunds
              tatemono
              okay... so if I'd asked them to leave in the middle of the period, then I'd have to refund but my example had them leaving at the end so no refund due....
              19-08-2017, 11:35 AM
            • Can Mrs T change locks?
              Berlingogirl
              Mr and Mrs T are splitting up. Mrs T is looking for a new place before giving notice to LL. Mrs T is going to give notice to LL then move immediately to new place. Mr T has mental health issues and verbally intimidates and bullies Mrs T so she needs to get out before he can start on her.

              ...
              19-08-2017, 07:32 AM
            • Reply to Can Mrs T change locks?
              mariner
              Tenancies don't change just because someone (usually LL) changes the locks.
              Mrs T needs specialist advice, as does LL if Mrs T explains her dilemma to him.

              LL could offer Mr T a sole Tenancy after expiry of Mrs T's Notice.
              19-08-2017, 11:28 AM
            • Reply to S21 and refunds
              tatemono
              My example was hypothetical. Both parties have "plans/wishes" and, feelings aside, there are plenty of reasonable situations where a LL might want to ask a decent T to leave their home.

              We have two properties where we might have to do this in the next few years. One involves co-ownership...
              19-08-2017, 11:26 AM
            • Reply to Can Mrs T change locks?
              theartfullodger
              Dunno, apologies, good for you helping. Think she should 'phone Shelter 0808 800 4444, open today
              19-08-2017, 10:11 AM
            • Tenants from Council Waiting List
              wilfred
              If you get tenants from the council waiting list, and the council pay the monthly rent direct to the LL, when their 12 month tenancy comes to an end, do the council still advise them to remain if the tenant has nowhere else to stay? It would be all the same if the LL wanted to sell the property asa...
              17-08-2017, 19:40 PM
            • Reply to Tenants from Council Waiting List
              wilfred
              Thanks for clarifying that for me artfullodger, and I didn't know they were homeless people the council asks LLs to house for 12 months.
              19-08-2017, 10:03 AM
            • Reply to Can Mrs T change locks?
              Berlingogirl
              Artful - It's not that's going to be changing the locks - It's Mrs T.

              I'm not the landlord in this instance. Sorry, I should have made that clear.

              Mrs T is concerned that if Mr T remains in the property after the notice period ends she will be responsible for all the ££££...
              19-08-2017, 08:57 AM
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