Should you bypass eviction rules?
Chris Hogan, 1st February 2017, Landlords
A story recently did the rounds of the landlord news sites about a landlord being given a fine for changing the locks on a rented property - with many saying that the fine was cheaper than a legal eviction. But is it a good idea?
That Widnes landlord was fined £440 and had to pay prosecution costs. The case was brought by Halton Council and the magistrates ruled that the landlord had unlawfully deprived the tenant of access by changing the locks.
The landlord pleaded guilty to the charge of making the tenant homeless, under the Protection From Eviction Act 1977.
What did landlords think?
The story has been widely reported on landlord websites and forums and the over-riding view has been that £440 plus costs is a remarkably cheap option, compared to the time and expense of a proper formal eviction.
This is even more true when tenants who have been asked to move out are then advised by the local authorities to stay in the property until the bitter end.
Housing problem
This is an increasingly common situation. Tenants who simply move out when required are not obliged to be housed immediately because the council treats them as having made themselves intentionally homeless.
If they stay and are eventually turfed out by bailiffs, the council are obliged to house them straight away. This of course costs landlords a lot more in time and legal fees, often lost rent too.
Is changing the locks a good idea?
It is important for us to stress that we would never advise landlords to do anything other than follow the correct procedure and both the letter and spirit of the law.
Changing the locks to deny a tenant access could also lead to a huge liability.
This story focuses only on the case bought by the council. The tenant would be completely within their rights to sue the landlord and the fact that this ruling went against the landlord would strengthen that civil suit.
Civil suit successes
Cases like this bought by tenants against landlords could cost tens of thousands of pounds - two instances in the summer of 2016 resulted in awards of £29,394.15 and £31,514.90, both presumably with costs awarded as well.
In both cases the landlord had changed the locks, although that had been only part of a series of infractions.
Help when it's needed
If you are considering taking action of this nature it's worth checking to see if you have legal assistance as part of your landlord's insurance package. If not it can often be added for a small monthly fee and will give you all the help you need.
Get your Legal Expense Cover in place
If you have landlord insurance with us, or are thinking of taking out landlord insurance then please give the team a call on 01608 647640. We will be happy to help you and provide full details of the legal support packages that are avaliable.
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