Tenant problems and return of keys by landlord

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    Tenant problems and return of keys by landlord

    • TENANT is approx. £1400 in arrears
    • Section 21 has been served
    • Ended on 20th May 2013
    • Tenant has stayed in property as no where to go
    • Landlord (my father) is in the process of taking her to court to be evicted
    • Early this morning she had an arguement with an ex who put the downstairs window through
    • Police told her to go somewhere else in case he came back
    • As she had had the locks changed we had to collect the front door key from her to get in to sort the window
    • Landlord now wants to keep hold of the keys and tell her that she can collect her things under supervision, or he will use her belongings to help pay the arrears
    • She is asking for the keys back



    I know that legally the landlord should return the keys but was wondering if there are any legal rights for the landlord in this situation to do anything, or just return the keys and go through the courts for accelerated possession?

    #2
    Originally posted by humbug37 View Post
    I know that legally the landlord should return the keys but was wondering if there are any legal rights for the landlord in this situation to do anything, or just return the keys and go through the courts for accelerated possession?
    You already know the answer to that one I think - give the keys back pronto. If the landlord proceeds as he suggests he will be looking at a prosecution for illegal eviction, which potentially even carries the risk of a prison sentence.

    Comment


      #3
      OP, nothing in the circumstances you have related above suggests the tenants has surrendered the tenancy, and as you know, the LL cannot end it without tenant's agreement or a court possession order.

      What does tenant what to do? Are they planning to move back to live there, or taking police advice to move away? Do they want keys back to collect belongings and move out?

      LL must give back the keys immediately, but talk to the tenant about their plans. This incident may precipitate them to move out, but LL cannot "lean" on them to make them go or refuse to return keys. If tenant does not want to go, tenancy continues until court process is completed.

      Comment


        #4
        Sorry to hear re your Tenant problem Humbug37.

        The legal answer is give the keys back asap. It's not going to feel justified, however the law would see illegal eviction grounds.

        Comment

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