T changed locks without consent as L entered without consent

[shiraaz]

hello
has any tenant had a landlord enter the premises without notice and permission and found some belongings missing? how did you deal with the situation?

if landlord evicts tenant illegally but deposit was not protected but some of the belongings the landlord took included the a copy of deposit and tenancy agreement, is there any reason in going to court if you can only proof that you did exchange money although no receipt was given? would a recording done over the phone be accepted in court as evidence?

help

[westminster]

Are you the landlord or the tenant in the situation you describe?

[thesaint]

Report crimes to the Police.

[Snorkerz]

Is your deposit protected?

If it is, contact the deposit company immediately and let them know that any security code they have given you (for DPS it would be the Tenants Repayment ID) has been compromised, and you need a different one.

[shiraaz]

Court judgement

Dear readers
If the court grants you a court judgement, does anyone know how this is enforced? If the tenant told the court that she would clear the rental arrears instalments but has not kept her promise....how do I instruct the bailiffs to proceed with enforcement?

What form do I need to complete and can I obtain this from the hmrc court service website?

Thanks

[shiraaz]

Tenant changed locks but didn't tell landlord

Dear readers
Tenant changed locks and is not allowing me to visit the property to check on the condition. Am I allowed to change the locks again so I have a key? I have read many articles where tenants sell properties that they are renting... I don't want this to happen. Would I have to go to court to obtain an order for tenant to provide me with a key? Surely its my house and as long as I give the tenant notice that I'm visiting, this should not be a problem?? Am I right?

Any help and advice is much welcome. From a distressed landlord.

Thanks

[roryl]

You cannot enter the property without the Tenant's expressed permission. You own the property but it is the Tenant's home so they are entitled to prevent you (or anyone) from entering (except in an emergency).

Do you know why the Tenant has changed the locks? Have you entered or attempted to enter the property before?

[theartfullodger]

a) Tenant can change locks as long as they change them back at the end of the tenancy.. You are not entitled to a key of their new lock.
b) Tenant does not have to allow you any visits, inspections, surveys, valuations etc. etc. etc. if they do not want you in their home .. (your investment).

Why do you think the tenant changed the locks?? Have you been in the habit of visiting frequently>??

When you visit do you give 24hr written (written, not voicemail, not TXT, not email..) warning?? (T can still decline visit - either a general "No visits" letter beforehand or specifically to your request..

Any harassment or invasion of T's provacy is likely to he looked on badly by any judge... be careful!!

Cheers!

Artful

[mind the gap]

No, you cannot insist on entering the property without your T's prior consent unless you have a court order to enforce any clause in the tenancy agreement which allows you access. This takes quite a while though - you could probably require possession using a section 21 notice before that. Are they paying the rent? When does/did the fixed term end?

There are a number of reasons why Ts change the locks and it would actually be quite difficult for them to sell your house. Estate agents should ask to see title deeds/proof of ownership before they market it.

[shiraaz]

Tenant owes rent and I obtained a possession order yesterday. I have always written to the tenant and given a weeks notice that I was visiting.... I don't want to enter the property without her knowledge for sure. I was once evicited and I know how painful that was. Finding your land lord has been in your house and gone through your stuff is painful.

I will obtain property hopefully on the 1st Sept.

Thanks for responding

[shiraaz]

rental arrears over of £8000

Dear readers
Does anyone know the best way of enforcing judgement on rental arrears which amount to £8000? The county court said that they don't deal with amounts more than £5000. Help..... the next step is the high court????????? is this correct or can I instruct a bailiff outside the court?
Thanks in advance.

[theartfullodger]

I will obtain property hopefully on the 1st Sept.

Blimey, that's a long wait, the bailiffs must be busy where your are Esthe..

[theartfullodger]

You say "enforcing" - so have you won a court case of money owed?? If not there is, I think, nothing to stop you suing twice for two different periods..?? (I did a similar thing in another jurisdiction .. for another reason...)

[Snorkerz]

You can sue for any amount you like - the county court is NOT limited to £5k.

However, your claim would not be allocated to the 'small claims track' if over £5k - it would be allocated to the 'multi-track' or 'fast track' depending on its complexity.

These tracks are not a straight forward as 'small claims' (which is designed to be simple for the man-in-the-street) so you would probably need some sort of legal representation. If you win, you can ask for the costs of legal representation to be added to your order (which you can't do in small claims) - but if you lose, your opponent has the same option.

[westminster]

Quoting from the other thread

Dear readers
Does anyone know the best way of enforcing judgement on rental arrears which amount to £8000? The county court said that they don't deal with amounts more than £5000. Help..... the next step is the high court????????? is this correct or can I instruct a bailiff outside the court?
Thanks in advance.

There are three 'tracks' in the county court, and the limit for the small claims track is £5,000. If the claim is more than this, it may be allocated to another track (where court fees are higher, and the parties are exposed to each others' legal costs). A claim for £8,000 WILL be dealt with by the county court.

The first step is to make a claim and obtain a county court judgment (CCJ). When you have this, you can then apply to enforce the CCJ. You can't 'instruct a bailiff', as you say, before you have a CCJ - an actual judgment - to enforce.

See also
http://www.hmcourts-service.gov.uk/i...ment/index.htm