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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10606
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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what is the law when tenants remove my property form a locked

Resolved Question:

what is the law when tenants remove my property form a locked room that was not included in the letting agreement. The management agents had the key in their office,
I believe the tenant trespass into the room by breaking the lock and took out various valuable items. I have an assured short hold tenancy agreement.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you please confirm you are the Landlord and owner of the property?
Thanks
AL
Customer: replied 3 years ago.

Yes I am the landlord and owner of the property, my management agent refuse to go in and do a inspection and have my items put back into the room.

Expert:  Aston Lawyer replied 3 years ago.
Hi Marcus,
Thanks for your reply.
Well, if the Tenants have broken the lock to the room, they are in breach of their Tenancy conditions (which will say that that they will not damage the property).
If they have taken your items from this room, and are still in possession of them, they are legally guilty of theft. I doubt that the Police will want to get involved though, as they will (incorrectly) say it is a "civil matter".
I hope this assists and sets out the legal position.
Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Can we take the management team and tenants to the small claims court and claim damages.

I have an agreement with the management team to regularly inspect the property however they are making excuses to do this job by sayings the tenants aren't in and will go another time. However the tenants have not opened the door when given 24hrs notice.

I was told regardless of giving 24hrs notice the tenants can say NO and I can't get my items back into the room is this true?

How can I deal with them?

The tenants owe arrears which is overdue by 2 months.

What can I do about to make sure the agents tell the tenants to put these items back?

Customer: replied 3 years ago.

Hello

Can I have an answer today as I have to deal with issue urgently?

Thanks

Marcus

Expert:  Aston Lawyer replied 3 years ago.
Hi Marcus,
Sorry for the delay.
You would not be well advised to take the Managing Agents to Court-they would argue that they have been unable to gain access.
You would be far better off, threatening or actually possession proceedings against the Tenants. You do have grounds to issue proceedings on basis that they are 2 months in arrears with their rent, and also that they have breached the Tenancy by damaging the property (breaking the lock). You may want to write them a letter confirming the above, but requesting that provided they put the items back immediately, you will put a halt on proceedings.
As regards ***** ***** will need to give the Tenants 24 hrs written notice of your intention to enter the property.
Kind Regards
AL
Customer: replied 3 years ago.

Sorry, I get paid weekly and they have not paid a week in june but have continued to pay since. They have not attempted to pay the week owing.

The tenancy ends on October 4th I have a buyer who are investors and they want to take over the tenancy. So what is my position?

also need to remove my belongings so I need my items put back in the small room that was locked with a padlock on it.

Can the management agents give 24hrs notice to enter the house and if they are not doing their job what can I do about that as I pay them weekly to manage the property?

I am working abroad but I have the pictures that prove it is my TV on the wall as I can see the mark on the screen (accident with us)

The agents said despite giving 24hrs notice, the tenants can refuse entry is this lawful?

Expert:  Aston Lawyer replied 3 years ago.
Hi,
Only if a full 2 months worth of rent is outstanding, can you issue proceedings for non payment of rent.
As you are paying the Managing Agents, they are under a duty to do their job. The Tenants can't repeatedly refuse access, and the Agent does have the right to gain access provided 24 hrs notice is given.
If they don't carry out your wishes, in practical terms you are in a sticky position in that although they are clearly breaching their agreement with you, what do you do to resolve the issue? The only thing you can do is to terminate your agreement with them and you should threaten them with this.
If you do have a Buyer, you are of course free to sell, subject to the existing Tenancy and you may wish to consider this. Even though the Tenancy expires on 4th October, unless you have served them with 2 months prior notice, then you are unable to terminate the Tenancy until such till as notice is given. The Tenants, on the other hand, have the right just to walk out and return the keys on 4th October if they no longer wish the Tenancy to continue after the 4th.
Kind Regards
AL
Customer: replied 3 years ago.

They will be on a rolling contract from the 4th Oct.

If I threaten to terminate my agreement with them does this mean I will not receive my rent as the tenants pay this to the agents, So how can this threat help me because I rely on the rent until sell the property, A survey is booked for next week.

The agents always say the tenants were not in but they don't seem to make the arrangement with them to be in, what can I do about this?

Can you give me an answer today please

Expert:  Aston Lawyer replied 3 years ago.
Hi,
As regards ***** ***** Agents, that's why I said, in practical terms, your options are limited. If you did terminate the Agreement with the Agents, you would then need to organise for the Tenants to pay you directly, which may be tricky if you are abroad.
As regards ***** ***** issue, unless you can get the Agents to do their job, then the only other option is for you to gain access yourself, but as you are abroad, this is no doubt out of the question.
If the Agents are members of a Letting Association, you could try complaining to them, but as I have said, the only other thing you can do to put pressure on them is to threaten to terminate your agreement.
I am sorry there is no magical solution.
Kind Regards
AL
Customer: replied 3 years ago.

I have a property in the UK with tenants occupying it and a management agents who are doing their duty to manage my property. I have a buyer and the survey was booked in today, plenty of notice given to the tenants and agents however the tenants refused access by leaving a key in the front door, I feel they are hiding in the house. The surveyor had a key with the agents but couldn't get in.

The surveyor has been booked in again, but want are my legal rights to sell my house? My selling agents are worried this will happen again so how can I sell my house? They are on a rolling contract from the 4th October and is an assured short hold tenancy.

When can I get a reply as this is urgent and delaying the sale of my house.

thanks

Customer: replied 3 years ago.


Hello


 


Can anyone give me an answer tonight as this is a worrying situation especially on completion/moving day if the tenants refuse to open the door and leave keys in the lock.