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Original poster

Help - is this allowed? Lock changed when I told tenancy...

25 replies

chocshot · 17/12/2017 19:43

Hi all,

Just after some advice if possible! Probably a bit of a silly one but I don't know where I stand.

I had a 12 month tenancy agreement. All ok, never had an issue with the flat or the estate agent. 9 months into this & I was told I'm relocating for work. I don't have a breakout clause in my agreement so was happy to continue paying the rent as per the agreement.

I have kept the keys until now (28th December) as that's when the tenancy runs out, same with the bills etc.

Got to the property today (after travelling ages!) to ensure it was still clean and how I left it. I was going to stay there tonight to do this.

However I got there tonight and the locks to the flat have been changed! I wasn't told about this nor was I told that they needed access to the flat.

What can I do? I'm obviously annoyed as I've had to pay out for a hotel now and want to check the state of the property to get my deposit back.

Other than ringing them tomorrow to see what's happened, does anyone any words of wisdom? Rent etc has all been on time so completely astounded about this. Can I ask for a refund in the rent I have paid as I don't have access to the property?

Thanks! x

OP posts:

specialsubject · 17/12/2017 19:48

England- No, of course it isn't allowed. Even if you have breached tenancy terms by leaving it empty, landlord still has to go through proper eviction procedures.
Contact landlord asap.

DonnyAndVladSittingInATree · 17/12/2017 19:51

I’m no expert but this sounds like an illegal eviction.

PositivelyPERF · 17/12/2017 19:51

Are you sure it's still empty? If you haven't been back for a while and they didn't think you would be back, could the cheeky gits have rented it out?

PersianCatLady · 17/12/2017 19:51

I was about to say rented out again as well

Original poster

chocshot · 17/12/2017 20:06

Sorry, yes England.
There is nothing in this tenancy agreement to say I can't leave it empty. There is for the new place I moved to.

I'm pretty sure it is still empty - there was post in the post box which I collected but nothing to suggest a few tenant was in. I have a friend who lives opposite who hasn't mentioned seeing the lights on or anything... But that is a good shout...

Urgh, this is so frustrating! Thanks everyone, interesting to see a couple of you think it's probably rented out again... x

OP posts:

AHobbyaweek · 17/12/2017 20:41

Illegal eviction and you can call the police.

Original poster

chocshot · 17/12/2017 21:24

What?! Really? Wow... Okay, is it worth talking to the estate agent first or just 101?

I'm leaving the town Tuesday so ideally need it sorted before then. Thanks all!

OP posts:

wowfudge · 17/12/2017 21:28

If you can't access the flat, why should you be paying the bills and council tax? Totally out of order.

MotherofaSurvivor · 17/12/2017 22:10

Yes call 101 now x Illegal

MotherofaSurvivor · 17/12/2017 22:11

Police can force entry for you and then make it safe x

Original poster

chocshot · 17/12/2017 22:41

Perfect, thanks everyone! I will feed back tomorrow. So lucky I've got friends who have kindly let me stay...

OP posts:

CrazyHairSister · 17/12/2017 22:46

Did you tell the agent / landlord that you were moving out? There could be a clause in your tenancy that you need to tell them if the property will be unoccupied for more than 2 weeks (for insurance).

Before you pay too much heed to some of the posts above, you might want to read up on abandonment

OhforfucksakeFay · 17/12/2017 22:48

This reply has been deleted

Message withdrawn at poster's request.

AnnieOH1 · 17/12/2017 22:49

Just a thought but was the landlord or his agent in contact with you via phone or email? Could they have needed to enter an emergency?

Original poster

chocshot · 17/12/2017 23:08

CrazyHairSister
Yep, all over email so it's in writing about what's happening. Nothing in my agreement about leaving it unoccupied. Estate agent was fine, said LL was too.

Everyone else
No crossed wires, last email I had confirmed everything as I understood it.

Estate agent is in communication with me regarding other things so I would be contactable. The estate agent also had a master key for the flat.

Latest comms was to say the checkout is 04/01/2018 and if I could answer questions regarding the meters (prepay or not) and where to return my keys too.

Hmm, thanks :)

OP posts:

BoldMcCoo · 17/12/2017 23:08

What a cheeky fucker. Good luck tomorrow, definitely get your rent back.

specialsubject · 18/12/2017 08:24

No excuses then, tenancy still going. Illegal - but forget 101, landlord/tenant not of interest, police don't have time.

Light a rocket under landlord.

BunloafAndCrumpets · 18/12/2017 08:31

Something similar happened to us. We had two tenancies overlapping and continued to pay rent on the first property despite not living there for the last couple of weeks. We got back from holiday and went straight there to check on it and tidy it pre check out as you did. Opened the door to find new tenants living there! Our stuff was still there! It was pretty shocking to be honest. The estate agent was a complete arse and tried to blame us (!) - for the sake of an easy life we ended up walking away. We did get a refund on our rent where it had overlapped with the new tenants (who were lovely). At the very least I'd be asking for a rent refund for the time you've not been able to access the property. Plus deposit back in full with no inspection, given the circumstances. They've broken the law. Hope you're ok. Horrible situation.

ImAMarshmellow · 18/12/2017 08:37

If it's only until the 28th, is be tempted to speak to the agents and make it clear this was an illegal eviction and you would like the chance to a) check the state of the property and b) a reduction in your rent between now and the end of the month. Explain you were not contacted regarding the new locks and you are legally still the tenant.

FridayThirteenth · 18/12/2017 11:29

No advice to add to the OP, but - Bunloaf that is so shocking!

What did the new tenants think when they moved in with all your furniture still there?

PersianCatLady · 18/12/2017 11:31

Illegal - but forget 101, landlord/tenant not of interest, police don't have time
I would inform the council of this though.

If not for you, so they know for future tenants.

BoldMcCoo · 18/12/2017 17:56

how did you get on today?

BunloafAndCrumpets · 20/12/2017 13:39

Friday the new tenants had realised we were still living there because the house was more 'furnished' than you'd expect a furnished rental to be - beds made, some food in cupboards etc.* They'd tried to ask the EA who'd lied to them and said we had left! They let us pack up the rest of our stuff. It was bloody awkward.*

The EA then tried to withhold our deposit claiming that we'd not cleaned the house or mowed the lawn.* Thankfully the protection service were on our side. He was a dreadful patronising man and I was secretly quite pleased to see a couple of weeks later that a massive landslide at his home caused by poor maintenance (nobody was hurt) had closed one of the local roads, cost him a fortune and made his commute terrible.*

BunloafAndCrumpets · 20/12/2017 13:39

Sorry bold fail!

TsunamiOfShit · 20/12/2017 15:32

For an easy life, ask to see an invoice showing the date the locks were changed and ask for a refund on rent, council tax and bills from this date.

Also tell them that they now need to return your deposit in full. (They can't possible conduct a check out report if they've clearly aired access to the property prior to this!)

If you don't get a full refund of rent, bills and deposit, then take legal action.

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