Letting agent changes locks and seizes all possessions

[nickc]

Hi All,
Tricky one here, am hoping someone can help.
My friend, who is serving an 8 week prison sentence and will be released a week on Thursday, was told today by his letting agent they have entered his flat and removed all of his property and are storing it locally.
They claim they are doing this because they have not received rental for Februay and March.
I went in to the agents today, on behalf of my friend, and asked them what legal authority are they claiming for entering the property and for removing all of his very expensive possessions
To spare you all the dramatics I was invited to leave with a lot of four letter shockers and threats to call the police.
Charmingly, they are keeping his deposit to cover their costs for breaking into his flat and unlawfully removing his property!
The real nightmare is my pal is now homeless and this means his release from prison will now be affected. I think this means, that instead of going back to his much loved home, he'll have to go to a homeless hostel plus they've got all his possessions and ID.
Does anyone have any advice I can pass on to my friend as he struggles to make phone calls and is not online ( for obvious reasons)
many thanks in advance to all of you on here.
Nick

[Amethyst]

Re: Letting agent changes locks and seizes all possessions

Oh bloody hell, that really doesn't help him does it.

Did he inform the landlord that he was 'going away' for a while, and did he have someone looking after the flat in his absence ? Was rent paid up etc ?

http://england.shelter.org.uk/get_ad...sent_to_prison

[nickc]

Re: Letting agent changes locks and seizes all possessions

No, never informed the agent as it was only an 8 week sentence and it was his understanding his benefits would still be paid into his account and then his rent would go out via direct debit.
we know they didn't pay March but there was enough cash in his account to have paid Feb. Won't know why Feb wasn't paid until he gets out.

[nickc]

Re: Letting agent changes locks and seizes all possessions

And I was checking regularly on the property. No letters or notices have been sent.
ive collected his post, checked on his flat in a weekly basis, topped up his utility metres, etc.
they would have no reason to believe the property had been abonfoned - he could just have easily gone on holiday for 5/6 weeks

- - - Updated - - -

Ps and thanks for the link to shelter prisoner page

[Amethyst]

Re: Letting agent changes locks and seizes all possessions

It should have some useful links to information on there. Also have a look here - http://www.landlordlawblog.co.uk/201...e-landlord-do/ - it is from the Landlord side but still is clear they cannot just kick him out because he has been sent to prison for a short period - the rules of eviction still have to be complied with.

Did the letting agents give any reason for the eviction? Was it solely because they'd found out he was in prison ?

( Just checking though not sure it would be relevant - his imprisonment wasn't anything to do with an offence against the property or the landlord/letting agent was it? )

[nickc]

Re: Letting agent changes locks and seizes all possessions

The reason they say is non payment of Feb and march rent. They claim to have called the police when they couldn't contact him.
they say police informed them he had been sent to prison.
they also say they thought he'd been sent away for a long time.
they have admitted not serving any papers. They said they didn't need to.
His offence was nothing to do with flat or agents.
Thanks for link. I agree that surely they must follow normal procedures

[nickc]

Re: Letting agent changes locks and seizes all possessions

Thanks have read that link and it appears the agent really has just changed the locks and taken his stuff without following any of the procedures at all.
I think this explains why the agent really lost the plot with me.
i was only at the flat about 10 days ago but I've got a feeling they have already re let it.
on a practical point, unless he has an address I think it highly likely he's going straight to a hostel on release and will really struggle to get out of there back into his own flat again.
it took him a year of really hard work to get the money and the tenancy
What is best to say to the agent as ideally if it is not re let I think he would just like them to put his stuff back and let him back in.
Any thoughts please

[nickc]

Re: Letting agent changes locks and seizes all possessions

Quick update and thanks.
many thanks to Amethyst for the really helpful links. Two lawyers have now confirmed it was undoubtedly an unlawful eviction and we are seeing a solicitor next week.
i will let you know the outcome.
very, very, helpful site this.

[Openlaw15]

Re: Letting agent changes locks and seizes all possessions

Hi All,
Tricky one here, am hoping someone can help.
My friend, who is serving an 8 week prison sentence and will be released a week on Thursday, was told today by his letting agent they have entered his flat and removed all of his property and are storing it locally.
They claim they are doing this because they have not received rental for Februay and March.
I went in to the agents today, on behalf of my friend, and asked them what legal authority are they claiming for entering the property and for removing all of his very expensive possessions
To spare you all the dramatics I was invited to leave with a lot of four letter shockers and threats to call the police.
Charmingly, they are keeping his deposit to cover their costs for breaking into his flat and unlawfully removing his property!
The real nightmare is my pal is now homeless and this means his release from prison will now be affected. I think this means, that instead of going back to his much loved home, he'll have to go to a homeless hostel plus they've got all his possessions and ID.
Does anyone have any advice I can pass on to my friend as he struggles to make phone calls and is not online ( for obvious reasons)
many thanks in advance to all of you on here.
Nick

The law previously, literally used for 1000s of years until the 2007 tribunal/ Court/ Enforce Act, stated a landlord could enter a property as one of his remedies at common law (ie based on case law). It would only be, as far as am aware, for a breach of covenant (agreement) such not paying the rent. So your friend's landlord agent seemingly was using a law, if it were England and Wales, which was no longer law after 2008 thereabouts when said Act was enacted, for the non payment of rent. I believe said right is called the law of distress. However the law's changing does not affect commercial tenants in England and Wales or non commercial (ie domestic) or commercial tenants in Scotland.

The other remedy the landlord has is forfeiture, ie end the lease. It seems the landlord has made use of ancient law which once was but now is not legal. If there is no law to do what the landlord's agent has done surely must be a criminal offence. The remedy is to sue the landlord for contractual damages, ie breach of covenant and potentially reporting the agent to the police for a possible criminal enquiry.

[Crazy council]

Re: Letting agent changes locks and seizes all possessions

errrmm i dont understand any of the following :hand:eep:

The law previously, literally used for 1000s of years until the 2007 tribunal/ Court/ Enforce Act, stated a landlord could enter a property as one of his remedies at common law (ie based on case law). It would only be, as far as am aware, for a breach of covenant (agreement) such not paying the rent. So your friend's landlord agent seemingly was using a law, if it were England and Wales, which was no longer law after 2008 thereabouts when said Act was enacted, for the non payment of rent. I believe said right is called the law of distress. However the law's changing does not affect commercial tenants in England and Wales or non commercial (ie domestic) or commercial tenants in Scotland.

The other remedy the landlord has is forfeiture, ie end the lease. It seems the landlord has made use of ancient law which once was but now is not legal. If there is no law to do what the landlord's agent has done surely must be a criminal offence. The remedy is to sue the landlord for contractual damages, ie breach of covenant and potentially reporting the agent to the police for a possible criminal enquiry.

Try housing acts, from 1988, 1996 changed the terms for notice eviction.

further, to the OPs original question.

in nearly 99% of the time, the agents action here are wrong and in breach of the tenancy ( called illigal eviction ) http://england.shelter.org.uk/get_ad...legal_eviction

But, there can be circumstances and sometime conditions within the tenancy that a LL or agent can use to act this way. Would need tro see the full tenancy to advise properly on this.

[Openlaw15]

Re: Letting agent changes locks and seizes all possessions

errrmm i dont understand any of the following :hand:eep:



Try housing acts, from 1988, 1996 changed the terms for notice eviction.

further, to the OPs original question.

in nearly 99% of the time, the agents action here are wrong and in breach of the tenancy ( called illigal eviction ) http://england.shelter.org.uk/get_ad...legal_eviction

But, there can be circumstances and sometime conditions within the tenancy that a LL or agent can use to act this way. Would need tro see the full tenancy to advise properly on this.

Am saying landlords in the UK have had an ancient right to break into their tenants' land based on common law, it's called the law of distress. So it would have been legal if it occurred before 2008. It is illegal now is what am saying. The other remedy LL has is to end the tenancy under a forfeiture. These are remedies available to an LL.

[Crazy council]

Re: Letting agent changes locks and seizes all possessions

errrmm ??????

Am saying landlords in the UK have had an ancient right to break into their tenants' land based on common law, it's called the law of distress. So it would have been legal if it occurred before 2008. It is illegal now is what am saying

A LL can enter a property for ANY reason as long as they give reasonable notice and its not harassment ( usualy 3 days, can be 24 hours )

A LL can enter a property in emergency immediately and do anything required to protect the property or services ( and leave the tenant a note ) like gas water electric emergency, fire etc )

A LL can just about do what this one has, but would have to be carfull and make sure paperwork ands notices were done. It doesn't sound like it in this case, and the agent would be liable for illegal eviction

[Openlaw15]

Re: Letting agent changes locks and seizes all possessions

errrmm ??????



A LL can enter a property for ANY reason as long as they give reasonable notice and its not harassment ( usualy 3 days, can be 24 hours )

A LL can enter a property in emergency immediately and do anything required to protect the property or services ( and leave the tenant a note ) like gas water electric emergency, fire etc )

A LL can just about do what this one has, but would have to be carfull and make sure paperwork ands notices were done. It doesn't sound like it in this case, and the agent would be liable for illegal eviction

No, the landlord cannot enter the property just for any reason - we live in a free country we're not in ISIS controlled countries. The law limits the landlord simply because an interest in land includes a right to use land, ie via a lease. It has to be a reasonable interference. Where is the law that says a landlord can break into the tenant's leased property (if it were a lease) and transfer his 'expensive goods' elsewhere. Is the new place even safe, what if it were stolen, is it covered by insurance?

[Crazy council]

Re: Letting agent changes locks and seizes all possessions

No, the landlord cannot enter the property just for any reason

Yes they can, it just can not be to harass a tenant.

The law limits the landlord simply because an interest in land includes a right to use land, ie via a lease. It has to be a reasonable interference.

you have lost me, i presume your refairing to........... It is an established rule that all tenants enjoy what is rather confusingly called ‘the covenant for quiet enjoyment’............
But that to stop the LL harrassing them, not blocking them entering a property.

Where is the law that says a landlord can break into the tenant's leased property (if it were a lease) and transfer his 'expensive goods' elsewhere. Is the new place even safe, what if it were stolen, is it covered by insurance?

The housing acts.. if you really need me to i can post up the exact links, case law later ( it is Saturday )

What your not considering is the owners requirements and rules around insurances. The housing acts give a number of options to a landlords. And if this agent/ll considered the tenant abandoned the property, and, maybe considered they needed to go inside and check the services are switched off ( 3 days notice through the door ), the rent not being paid, 8 weeks arreas, tenant not been back at property for 30 days, you put a 7 day notice on the door, then clear it.

You do have to stoor the goods, but can charge the TT reasonable storage if they ever claim them. The guidance to agents LLs was always to consider the value of the items in deciding between have the just been left, or abandoned, beds, settees that are old are likely to be abandon, but high end electrical, personal photos ect, perhaps not so need storing

[nickc]

Re: Letting agent changes locks and seizes all possessions

Update.
Hi All,
Im still helping my friend with this case and the solicitors are taking action for the first eviction.
since he moved back into the property the letting agent has continued to harress him including
* unlawfully evicting him for a second time by re-entering the property while he was out and changing the locks
* bringing the police to "witness" the serving of a Section 21
* bringing the police along to do a 3 monthly tenancy inspection.
* sending in numerous reports of anti social behaviour but not informing him about them. No police have ever attended the property in relation to any ASB allegations.
* At the same time as sending in the ASB reports, the letting agent , in writing, was offering him money and the return of his deposit If he agreed to sign a new 6 momth contract.
*numerous letters threatenimg that unless he signed the new contract the landlord was in danger of having his property repossessed and he would be responsible for all the other tenants losing their homes.
* when he refused to sign and pointed out the possible fraudulent nature of an offer not to hold them to any new contracts - despite promising the same to the remortgage company -he received a letter from the agent that said" the police have a lot more power to remove you from the property than the landlord " and " one way or another you wil be shortly looking for a new tenancy"
36 hours later police raided his flat looking for drugs.
his door was smashed down, all his electronic property was taken - including all the videos we had taken of the previous police attendances etc.
no illegal drugs were found at the property and he was quickly released without charge while investigations continue. He has never been arrested for any drug dealing offences.
my concern is there any connection to the very numerous complaints of ASB by the letting agent and the very serious ongoing litigation and the ominous and sinister warning a day or so before to the police action.
from what I understand the solicitors are only dealing with the first eviction.
Does anybody know how we can get hold of all of the correspondence relating to my pal between the agent and the police - I must point out the claim is against the letting agent and the landlord( apparently this is unusual but they are both defending the action) so the letting agent is jointly and solely liable for the damages ( which our barrister has said we have a 60-80% chance of being awarded over a certain amount of money ( in excess of £10,000 for general damages alone)
Now the other sides solicitor has been on saying the police have sent an invoice for making safe my pals door while he was being interviewed in the police station in the sum of £250 and he wants him to pay this.
We have also paid for a new door for his flat and had it professionally fitted (£170) ( they refused permission for him to fix his door for two weeks and left him and his property vulnerable in an attempt to force him to leave.
im hoping to get the complaint emails to see what influence these had on the raid and what relevance that might have in relation to the costs we have already run up replacing his door and the for costs the place are now claiming.