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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70706
Experience:  Over 5 years in practice
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tenant has completely smashes up my flat and they have even

Resolved Question:

tenant has completely smashes up my flat and they have even taken off and smashed the door! They have been taken away by police for a week apparently, can I now change the door and locks?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of tenancy agreement are they on please?
Customer: replied 3 years ago.

tenancy agreement as provided by Your Move estate agents.

Expert:  Jo C. replied 3 years ago.
I presume that its an assured shorthold tenancy agreement?
Customer: replied 3 years ago.

yes.

Expert:  Jo C. replied 3 years ago.
Thanks.
You cannot just change the locks I'm afraid. He is on an AST and you cannot exclude him without a court order.
You can seek a court order citing S8 breaches if he is damaging your property and it doesn't take all that long on that basis.
You can tell the police that you don't want him bailed back to that address if they do ask you. If there is to be an ongoing case against him then they probably won't want him living there where he can interfere with witnesses and commit further offences anyway so he may not be allowed to return under his bail conditions but that is a different exercise entirely from you just changing the locks.
If you change the locks then that is unlawful eviction which is a criminal offence I'm afraid.
Its easy enough to evict him properly on this basis.
Can I clarify anything for you?
Jo
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