Hi.

I havent posted for a while but i have a problem with a new tenant.

This tenant and his partner moved into the property with their 6 children all under the age of 9 at the end of April. The rent has been paid to him and he has been sending it to me in dribs and drabs. The rent was due again on the 6th of July and because i couldnt reach him on eithr his mobile phone or landline i called to the house to see him.
Although there where children in the house nobody came to the door. I rang the house phone and no-one answered. Obviously worried for the safety of the children, as i thought i could smell gas, i entered the property. The mother had thrown out her partner some 9 days before and had supposedly gone to the shop. I waited about 30 mins for mum to return before knocking again. Again no answer so i let myself in.... mum still not home so i tell the eldest child that unless i got a call from mum before 10.30pm i would have to call social services to come to you because you were too young to be left alone.
I then receive an abusive call from the mother telling me i had no right to enter the house and threaten her son with social services etc etc etc.
I call down the following day to find the ex- partner changing the door lock. I get a key for this but because social services have just called on the mother her ex- partner has just called me to tell me she is about to change the locks again.!!

What are my rights in this????

Thanks in advance

I am no expert on rights!

But as per AST they have no rights to change anything let alone locks without prior kowledge or consent.

I think it's time to move this bunch out before you encounter bigger problems in the future. Any parent who leaves their children unattended to go to the shops is not a good sign.

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Thanks for the reply ingroti

Anyone else have any ideas on my rights???

Thanks

i used an ast from the RLA and it doesnt mention on it specifically that the tenant cannot change the locks what it does tipulate is that they

must not alter or add anything to the outside or the structure of the property, or the furniture, fixures and household belongings that are on the list that you and we signed.


anybody else got any advice???

You say the tenant is: receivng the rent?

* I assume your tenant is a benefit claimant & they are receiving local housing allowance.

If they are in 8 weeks or more arrears - report them to the council as this is mandatory grounds for direct payment.

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In regards yourself mentioning social services & entering the property - that may have not been the best idea... the tenants now 'see you as a problem & feel insecure' hence they are making the effort to changing the locks. They will also feel insulted at the fact you have commented on their parenting skills, not directly but by mentioning social services (hence the angry phonecall). The social services visit the next day has put even more vinegar in the wound.

The can of worms is now open - to resolve it & reduce risk of void/ futher complications you either:

1) Evict (not my first choice) & the pragmatic judge will probably not be kind to you - they'll probably say to the tenant: NO you can't change the locks, but if I was renting a house & my landlord entered without my permission within 7 days of not receiving the rent payment then I'd probably do the same!!

Mr. Landlord, you say you could smell gas... did you report this to National Grid?? Or was this just a false excuse to justify entering the property? Could the tenant have been in the bath & have given the children strict instructions not to answer the door?

Did you write to the tenant notifying them of your visit?

** Put simply - you have infringed upon your tenants rights by entering the house when you knew there were people in & the judge will show you no mercy. The tenants are responding out of insecurity to your actions.

Trying to evict under S.8 grounds 10 & 12 only will probably not get you far (they are discretionary grounds), especially given the scenario - housing law is geared towards the tenants side & they have ammo to fire at you. S.8 ground 8 is the key to eviction (ie. rent arrears of 8 weeks+, this is a mandatory ground).

2) Accept your actions have created more tension in the relationship (hence tenants don't trust key holding landlord) & try to resolve this while maintaining the tenancy by reporting the tenant for rent arrears to the council, thus instigating direct rental payments. Then 'leaving them to it' in regards the door locks (many rentback landlords don't even have keys for their houses!).

Or if there is insufficient rent arrears - contact the tenant but be VERY NICE as they do not like you & do not trust you. Ask them are they happy to stay or leave?

Serve a S.21 if you have not done so to cover yourself - you don't have to exercise it if things work out! Good luck...

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Thanks for all the responses

This tenant currently has a joint tenancy agreement although they are not married. The payment is made directly to him and he banks the cheque.

She has now thrown him out and wants me to provide her with a new tenancy agreement solely in her name. I have told him that i wont give her a tenancy agreement whilst there are still arrears to the existing one.

I have been extremely fair with these people given the situation they found themselves in,ie,their previous landlord defaulted on his mortgage so was repossessed giving them 28 days to move out. I didnt take a deposit nor could they afford 4 weeks advance rent but because of the 6 children under 9 i felt sorry for them and let them move in.

I will call the benefits people to let them know what is happening and at least get the claim suspended because if im not getting the rent then neither should they!

I will also issue a section 21 notice to them.

Thanks to all esp. Mr. Social Galbraith