Landlady out of order?

[Scott2016]

Just posting this on behalf of a friend to see if anyone is able to help, i don't have much info...

Basically my friend has payed the rent on his flat up until Tuesday when he's supposed to be moving out, his partner has called the landlady today to arrange the return of their deposit.
In the meantime while my friend has been out at work the landlady has let herself into his flat, removed 90% of his belongings from his room, and locked them in the back of her car. She say's he's not allowed to have his things back until the keys have been handed in.

Is this legal?

[PlanB]

Re: Landlady out of order?

Just posting this on behalf of a friend to see if anyone is able to help, i don't have much info...

Basically my friend has payed the rent on his flat up until Tuesday when he's supposed to be moving out, his partner has called the landlady today to arrange the return of their deposit.
In the meantime while my friend has been out at work the landlady has let herself into his flat, removed 90% of his belongings from his room, and locked them in the back of her car. She say's he's not allowed to have his things back until the keys have been handed in.

Is this legal?

In short: no it's not.

But a little more background info would help before we can be certain. Was this an AST which expired? Were there any rent arrears? Did the Landlord serve a section 21 Notice (if it was an AST)? Did the Landlord serve a section 8 Notice if there were rent arrears? As long as the tenant has the keys the tenant is still in possession of the property and the Landlord would have to go to court to get possession of the property subject to the answers to all the other questions.

[Scott2016]

Re: Landlady out of order?

I've asked him now but no reply yet. As far as i'm aware no notice has been served. He's definitely up to date with the rent, its payed up until next Tuesday when he's moving out.

[CleverClogs]

Re: Landlady out of order?

Get the mad slapper done for theft.

[pt2537]

Re: Landlady out of order?

Get the mad slapper done for theft.

Or burglary

[ethanarcher012]

Re: Landlady out of order?

In any case she has no right to take away your friend's belongings until unless she has legal orders from court. You should take help of Police and can accuse her of burglary.

[CleverClogs]

Re: Landlady out of order?

Get the mad slapper done for theft.

Or burglary

Indeed, but there may be some difficulty getting a wooden-headed plod to accept that it was a case of burglary if it did not happen at night, or even of house-breaking as neither a door nor a window had been forced. Even the allegation of theft might be considered to have dubious merit if the police accept her story that the tenant's goods would be released when the keys were returned.

The actions of the landlady do make one wonder if the deposit had been protected as is required by law.

[bluebottle]

Re: Landlady out of order?

Or burglary

It is certainly Burglary, as it appears she had no right to enter the flat and was, therefore, a trespasser per se. However, there is also evidence of Blackmail, in the criminal sense, as she is making an unwarranted demand and using menaces as a means of enforcing that demand. In practice, she will have to prove she has a right in law to detain the OP's friend's belongings in order to secure return of the key and that this is a proper means of enforcing that demand. Speaking as a retired policeman, I think it unlikely the landlady would be able to do that as any BS as to rent arrears or other alleged breaches of tenancy would have to be proven by her, not the OP's friend. I would report this to the police today and get the OP's friend's belongings recovered and this mad bint banged up in custody for the weekend.

[bluebottle]

Re: Landlady out of order?

Indeed, but there may be some difficulty getting a wooden-headed plod to accept that it was a case of burglary if it did not happen at night, or even of house-breaking as neither a door nor a window had been forced. Even the allegation of theft might be considered to have dubious merit if the police accept her story that the tenant's goods would be released when the keys were returned. What you are quoting is from the Larcency Act, CC. Sections 9 and 10, Theft Act 1968 repealed such requirements. Simply being in a building or part of a building or inhabited vehicle or vessel, as a trespasser, with intent to commit certain offences, or committing certain offences, or having certain items in your possession, is sufficient. You no longer have to show forcible entry.

The actions of the landlady do make one wonder if the deposit had been protected as is required by law. That is a possibility. However, so is Mad Cow Disease.

@@@@

[enquirer]

Re: Landlady out of order?

There appears to be no intention to permanently deprive, so an allegation of burglary might be problematical. However, there certainly is the tort of Trespass to Goods.

[MissFM]

Re: Landlady out of order?

Indeed, but there may be some difficulty getting a wooden-headed plod to accept that it was a case of burglary if it did not happen at night, or even of house-breaking as neither a door nor a window had been forced. Even the allegation of theft might be considered to have dubious merit if the police accept her story that the tenant's goods would be released when the keys were returned.

The actions of the landlady do make one wonder if the deposit had been protected as is required by law.

Absolutely CC

[bluebottle]

Re: Landlady out of order?

There appears to be no intention to permanently deprive, so an allegation of burglary might be problematical. However, there certainly is the tort of Trespass to Goods.

No it wouldn't. The landlady entered the flat as a trespasser. The tenancy agreement demises rights of use and occupancy to the tenant. A landlord/landlady has no right of entry without the consent of the tenant or under circumstances specified by law, e.g. to deal with a gas or water leak that would result in damage or put others in danger if the landlord did not so enter. If the OP's friend did not consent to the landlady entering the flat in his absence, she is a trespasser per se, she removed items from the flat that the OP's friend would not have consented to her so doing had they known of the circumstances. Reference to Sections 1-7, Theft Act 1968 will explain the reasons why. However, also read Section 9, Theft Act 1968, which deals with the offence of Burglary.

[CleverClogs]

Re: Landlady out of order?

There appears to be no intention to permanently deprive, so an allegation of burglary might be problematical. However, there certainly is the tort of Trespass to Goods.

"Err, that's a civil matter, sir. Nuffink we can do."

[bluebottle]

Re: Landlady out of order?

"Err, that's a civil matter, sir. Nuffink we can do."

The landlady's actions constitute criminal behaviour and should be dealt with as such. Given the circumstances, Civil Law doesn't come into it.

[CleverClogs]

Re: Landlady out of order?

The landlady's actions constitute criminal behaviour and should be dealt with as such. Given the circumstances, Civil Law doesn't come into it.

You know that.

I know that.

But would the woodentop at the enquiries counter know that?
Indeed, would he (or she) understand that trespass had occurred when the landlady entered the flat?