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View Full Version : Landlord rights - 3 months rent arrears throwing out tenents



AJAYS
13-10-2011, 09:42 AM
I have some tenents who owe me around 3 months rents (3k) have a court date on the 18th for eviction based on rent arrears. However their tenency finishes on the 19th. What are my rights to enter the house on the 19th to pick up their keys and take back my house. If she refuses to give the keys my plan is to just sit there and stay there until she leaves, maybe get the locks changed. Feel like throwing out her items in the drive way too...any ideas?

westminster
13-10-2011, 10:36 AM
If the T is in occupation when the fixed term expires, (and assuming this is an assured shorthold tenancy in England/Wales), then a statutory periodic tenancy will automatically arise; i.e. the tenancy will continue as a 'rolling contract'. Assuming T does not voluntarily vacate, the tenancy will not end until you obtain a possession order and get a court bailiff to execute it.

Unless the T ends the tenancy by vacating on the 19th, you have no right to enter, nor to occupy the property, nor to demand the keys, nor to change the locks. If you carried out your 'plan' you would be committing a serious criminal offence - illegal eviction. See section 1 Protection from Eviction Act 1977. If you were prosecuted, you would face heavy fines, a potential prison sentence, and a criminal record. The T would also have a case for a civil claim against you; damages can run to tens of thousands of pounds in such cases.