Landlord changed locks, stuff inside

cuddlepunk

Hi, just looking for advice for a family member. They were in the process of being evicted for not paying rent, landlord wouldn't accept HAP and all that, they were waiting on a court order to instruct them to leave. Before they got any order, the landlord changed the locks and they can't get back in to get their stuff, which includes medication and everything belonging to their baby. The most worrying part is that they don't know if the Landlord let their cat out, if not the poor thing is locked into the house. They went to the guards and they won't even check if the cat is in there, everything else can be replaced. The guards told them they can't break in or they will be charged. What can they do?

Victor

See a solicitor first thing in the morning - FLAC or Threshold may be able to help.

Who2

Maybe they should pay their rent next time.

cuddlepunk

Who2 wrote: »

Maybe they should pay their rent next time.

So the cat should be let die because they didn't pay their rent...cop on.

Who2

cuddlepunk wrote: »

So the cat should be let die because they didn't pay their rent...cop on.

So the landlord should be stuck because “ they can get away with it” stop trying to play up to emotions and let them accept responsibility.

Teyla Emmagan

Break a window so the cat can get out.

Black_Knight

Ask the landlord did he let the cat out. Groundbreaking stuff I know

cuddlepunk

Black_Knight wrote: »

Ask the landlord did he let the cat out. Groundbreaking stuff I know

They did, and the guards rang him and asked, he insisted he didn't change locks and hung up on both.

Grumpypants

cuddlepunk wrote: »

They did, and the guards rang him and asked, he insisted he didn't change locks and hung up on both.

It's hard for your family member to act indignant when they are not paying rent. The landlord is prob being bankrupted by them. Try paying the arrears and that should solve the missing key mystery.

But the eviction process was wrongly done. In that case ring him and say the locks are broken and he needs to call an emergency locksmith so they can gain access to their home.

If he hangs up ring one to get access. Replace the locks, get a spare for the landlord and tel him he can collect it any time then bill them for it.

tedpan

cuddlepunk wrote:

So the cat should be let die because they didn't pay their rent...cop on.

Poor cat having to live with people like that..

Tipsy McSwagger

Grumpypants wrote: »

It's hard for your family member to act indignant when they are not paying rent. The landlord is prob being bankrupted by them. Try paying the arrears and that should solve the missing key mystery.

But the eviction process was wrongly done. In that case ring him and say the locks are broken and he needs to call an emergency locksmith so they can gain access to their home.

If he hangs up ring one to get access. Replace the locks, get a spare for the landlord and tel him he can collect it any time then bill them for it.

And whose going to pay for the rent dodgers to replace the locks?

AndrewJRenko

The good news for your family is that this will probably cost the landlord thousands in compensation.

Get legal advice.

Grumpypants

Tipsy McSwagger wrote: »

And whose going to pay for the rent dodgers to replace the locks?

Rodger Dodger pays the locksmith, they should have plenty of money as they haven't been paying any rent.

Then they bill the landlord to get it back.

splinter65

As soon as they arrange to meet the landlord today to hand over the arrears then I’m sure he’ll let them in to get their stuff and their cat.
He doesn’t want the cat or the stuff either but you can’t live in someone else’s property and not pay and not engage with them.

Graham

Mod Note

Up the standard of posting.

Day Lewin

You know what...we cannot possibly know the circumstances which led to this family being unable to pay their rent.
Sudden unemployment?
Maybe one of them has an addiction problem?
IN any case they had a baby, a cat, and personal property. The landlord may well feel aggrieved that the rent was not paid and he does have rights, and a legal process available to him.
Causing distress to a homeless family is not part of that process.
There is a right way to go about such things and this wasn't it.

OP, I hope your friends find a place and that their possessions and cat are recovered ok.
Naturally, I hope they can pay the rent in the next place, too.

cuddlepunk

My family member was refused Hap by the landlord, a week after they moved in, even though he said they could get it when they paid deposit etc, for some reason he couldn't complete the paperwork. They paid what they would have been paying if they received Hap each week, because that's all they allowed for, but they didn't have rent book or bank receipts, they had to hand it into a friend of his . They are young and naive and caught in a spiral that went out of control. Thank you very much to all that gave genuine replies, to the rest of you, you pass judgement on people and a situation that you know nothing about of except a few lines I wrote above. You know nothing about my views on the situation. It must be great never to have put a foot wrong in your lives, hope you don't fall off those moral high horses.

myshirt

Day Lewin wrote: »

You know what...we cannot possibly know the circumstances which led to this family being unable to pay their rent.
Sudden unemployment?
Maybe one of them has an addiction problem?
IN any case they had a baby, a cat, and personal property. The landlord may well feel aggrieved that the rent was not paid and he does have rights, and a legal process available to him.
Causing distress to a homeless family is not part of that process.
There is a right way to go about such things and this wasn't it.

OP, I hope your friends find a place and that their possessions and cat are recovered ok.
Naturally, I hope they can pay the rent in the next place, too.

It absolutely does not matter what the circumstances were. This is not a charity arrangement. The right response is never to transfer your problems on to the back of another person. You'd swear landlords were smoking cigars, eating lobster, and getting the money for free. Acts like this have a real effect on people and their families. Would the over holding family be as quick to in the future to randomly hand over 10 grand cash to just anyone? You seem to have a difficulty realising that you are transferring your problem onto the back of another family.

Dav010

myshirt wrote: »

It absolutely does not matter what the circumstances were. This is not a charity arrangement. The right response is never to transfer your problems on to the back of another person. You'd swear landlords were smoking cigars, eating lobster, and getting the money for free. Acts like this have a real effect on people and their families. Would the over holding family be as quick to in the future to randomly hand over 10 grand cash to just anyone? You seem to have a difficulty realising that you are transferring your problem onto the back of another family.

To be fair, from what the op has posted the rental arrears is a direct result of the LL’s wrong, and illegal refusal to accept HAP. I have no sympathy for this LL.

Old diesel

Dav010 wrote: »

To be fair, from what the op has posted the rental arrears is a direct result of the LL’s wrong, and illegal refusal to accept HAP. I have no sympathy for this LL.

THIS.

If you are going to turn down HAP and willing to take the consequences for that - do it BEFORE someone takes on a lease in good faith.

Who2

Who2 wrote: »

Maybe they should pay their rent next time.

Maybe the LL should obey the rules/law, there is a process for eviction and they have far from followed it.

"landlord wouldn't accept HAP and all that" is damning, yet all so common.

Old diesel

Yes HAP does need changes - but a sensible person with cop on should realise that......

1) if your tenant is looking for HAP then the assumption should be they can't pay or would struggle to pay market rent.

2) so telling them you won't do HAP or dragging your feet on it likely means you don't get paid your rent or at least not in full.

3) taking on someone on HAP knowing YOU won't be taking it in the end and knowing you will likely be evicting because of the likely rent default is actually WORSE then just refusing it straight out at the start.

FishOnABike

It would be interesting to see how this would pan out in a court. The tenant has not paid the rent they are due to pay and has been illegally evicted as a result.

The RTB has taken a very dim view of illegal evictions and has awarded tenants significant damages in the past for illegal evictions.

The LL should be paid the rent for the property but has failed to mitigate their losses by refusing to accept HAP. It could be argued that the LL is the author of their own misfortune as they appear to have been informed in advance of accepting the tenancy that the tenant would be relying in HAP to support their tenancy.

As it stands can the tenant re-enter the house if they are able to do so without causing any damage e.g. by having a locksmith replace the door lock?

3DataModem

If you are still (technically) resident there, then simply change the locks again. This is perfectly legal and any locksmith will do this for you.

Arthur Daley

Quick call to the DSPCA or equivalent on how to take care of the cat. If the landlord fancies putting himself on offer for animal cruelty, there are ways and means to deal with him.

Cuddlesworth

cuddlepunk wrote: »

Hi, just looking for advice for a family member. They were in the process of being evicted for not paying rent, landlord wouldn't accept HAP and all that, they were waiting on a court order to instruct them to leave. Before they got any order, the landlord changed the locks and they can't get back in to get their stuff, which includes medication and everything belonging to their baby. The most worrying part is that they don't know if the Landlord let their cat out, if not the poor thing is locked into the house. They went to the guards and they won't even check if the cat is in there, everything else can be replaced. The guards told them they can't break in or they will be charged. What can they do?

Four major points.

1st - They are legally allowed to gain re-entry to the the property. Either by locksmith or just breaking back in. Guards will do nothing either way, its a civil dispute. If the landlord gets aggressive, guards can be called to remove him.

2nd - They should be documenting everything. Phone calls should be recorded. Everything should be written down, times and dates, what was done, what it cost them etc.

3rd - A case should be lodged with the WRC for the refusal of the HAP payments. All of the other actions by the landlord are relevant, the illegal eviction, aggression etc. If they have proof that he outright refused HAP, even better. This process is separate to the RTB.

4th - Refusal of HAP, illegal eviction and any further actions by the landlord mean its pretty likely they will end up bankrupt at the end of this if your family member is careful about documentation.

CPTM

I'm surprised no one has asked about the landlord's comment that he didn't change the locks. If this goes to court, how can that be resolved? What if they are a landlord who hasn't received rent, has tried to get a court order, and in order to disrupt that process, the tenants have changed the locks or have told the guards that the locks have been changed when in actual fact the landlord has done nothing? That would be a messy situation to get through.

goldfinches

they can move to your home and live with you. you are so kind, can provide everything they need. happy ending!

goldfinches

goldfinches wrote: »

they can move to your home and live with you. you are so kind, can provide everything they need. happy ending!

Landlord is refusing HAP

SortingYouOut

Force entry if the landlord won't let you in, they might think twice about doing that again and being such a **** about it.

Browney7

I see the high horse brigade are in full flight here...

People can gripe and moan about HAP all they like regarding inspections but there looks to be a lot going on here that doesn't make sense and there's a lot of contributory factors as to why this tenancy arrangement is in the toilet.

If the landlord is refusing HAP, he is in breach of the equal status act and the WRC adjudicate on this.

OP, has the RTB issued determinations in this case yet or what is going on? Or has the landlord just changed the locks?