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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice.
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I rented a room in a property and twice could not gain access

Customer Question

I rented a room in a property and twice could not gain access through the main front door because an extra lock (that I did not have a key for) was activated. The landlord said he would remove it after he fitted the new code lock but never did. I was locked out of the property with no access so would this void our tenancy agreement?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What type of contract do you have?
Customer: replied 3 years ago.
It was a week to week rolling contract, no longer in the property
Expert:  Remus2004 replied 3 years ago.
Thanks. Sorry for the delay. My connection is really weak

Just to confirm, you share a property with your landlord?
Customer: replied 3 years ago.
That's okay, I didn't share with him, it was a 4 bedroom shared house with all tenants
Expert:  Remus2004 replied 3 years ago.
Thanks.

Is this an AST?
Customer: replied 3 years ago.
I'm unsure of the specifics of an AST, it was week to week, fixed rate. I believe it was carried on from when the property was let out during the summer months to tourists
Expert:  Remus2004 replied 3 years ago.
Thanks.

If its not an AST then it is generally easier to escape a contract anyway if that is your wish.

In relation to the door, you have a right to gain access. Even if you stop paying rent entirely the landlord still cannot turn up and exclude you in this way.

The fact that you were excluded gives rises to some options for you but it doesn't go so far as to void the agreement. You would have had the right to break back in, change the locks and sue the landlord for the cost. Also you could have reported this to the police as an unlawful eviction. Changing the locks or adding more restraints is a classic sign. Im not sure that would be a good idea here though because his intention doesn't seem to have been to exclude you. He was just negligent.

If you were caused any loss in gaining access then you can sue for that sum though.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’