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QUESTION
Posted by Bimbo142319 23 hours ago
Changed locks in non paying tenant

Has anyone ever changed the locks on a tenant who is not responding to any communications and not paid their rent even though you know they are still living in the property?

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Posted by phpadam 12 hours ago

Topic Closed, this would be a criminal offence. Happy the community could help you avoid this path.

You want to look at evicting via Section 8 for unpaid rent.

This involves a process that requires service of a notice, a court date and thereafter court baliffs.

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Posted by Ok_Entry_337 23 hours ago

No. Why? It’s a criminal offence.

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Posted by Bimbo142319 22 hours ago

Would the police do anything though?

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Posted by NewPower_Soul 22 hours ago

Yes, yes they would.

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Posted by TravelOwn4386 18 hours ago

The tenants would take you to court for all losses and there is no upper limit. This potentially could be a stupidly high bill. Tenants also get legal help whereby you as landlord will have to pay for legals. Only the courts can evict just follow the process.

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Posted by AdFormal8116 21 hours ago

… and the council most definitely would

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Posted by Logical-Brief-420 21 hours ago

Definitely living upto your name here lmao

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Posted by Adhesiveduck 22 hours ago

This is a terrible idea.

For one, it’s a criminal offence. The police won’t arrest you for it but the council can and do prosecute landlords. You’re facing up to 2 years in prison at a maximum.

The tenant can reasonably gain entry after you’ve changed the locks. This could be getting a locksmith to gain entry and replace the locks, or breaking a window to gain entry (and they’re liable to repair any damage).

A court can also force you to allow the tenant access again.

You’re also liable for all damages, if they stay in a hotel you can be sued for the costs and you will lose.

Cash for keys, as unpalatable as it is, is far cheaper and easier to get someone to surrender their tenancy.

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Posted by Bimbo142319 22 hours ago

Is cash for keys basically buying off the tenant so they move out?

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Posted by Adhesiveduck 22 hours ago

Yes exactly

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Posted by Bimbo142319 22 hours ago

Thank you

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Posted by Eraldorh 22 hours ago

No because now you're looking at prison time.

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Posted by PoutineRoutine46 14 hours ago

LOL not in todays world

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Posted by phpadam 12 hours ago

True - only if they have the will and the space. Still a criminal record tho.

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Posted by _J0hnD0e_ 22 hours ago

>Changed locks in non paying tenant

Ho boy, you just fucked up big time!

It's also a real cunt move.

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Posted by FlammableBudgie 21 hours ago

So is not paying rent and not responding to communication.

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Posted by _J0hnD0e_ 14 hours ago

Neither of those are a criminal offence. There's a strict process that landlords must follow in such cases. It's been set up like that to prevent c*ntlords from abusing their tenants.

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Posted by big_seaplant 15 hours ago

As others have said, changing the locks without following the correct legal procedure is against the law. It would constitute an illegal eviction. 

If you want the tenant out, you need to serve either a Section 21 Notice (no fault eviction) or Section 8 Notice (rent arrears, actionable if they owe more than 2 months’ rent) and on expiry of the notice, apply to the courts for a possession order. 

It can be a lengthy process but it’s your only legal route to getting the tenants out other than as others have suggested, cash-for-keys. 

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