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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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Hello, can my landlord let someone in the property without

Customer Question

Hello, can my landlord let someone in the property without my permission?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Hi Jo,


 


Is about a friend, is a long story but I'll try to make it short.


Couple of months ago my friend she sublet a room to a male in the house that she is renting privately.


For June the male refused to pay the rent and bills and when my friend asked him for the money he start to abuse her verbally threatening her and push her.


She get really scared and she decided to ask help from the Landlord.


The Landlord told her that he has no rights to evict him and that technically my friend is his landlady because she gave him keys.


So she asked him if it is possible to change the locks because she doesn't feel safe in this house but the landlord refused to do it.


The male it was out of the property Friday and Saturday on Sunday


she called the police they came in the house and they told her to not contact the male, lock the front door and if he comes back to the property to give them a ring so they will be present when he enters to collect his things, they also left a note for him on the front door with the reference number.


Sunday night I took my friend at my house because she was really scared and she couldn't stay in her house.


At 9:30pm she received a text message from the landlord asking her if she had change the locks because the male is outside the property and he cant gain access, she didn't had change locks she just use a lock that the male didn't had a key for.


Around 10:30 she receives a phone call from a policeman telling her that they will call a locksmith to open the door and that they will call the landlord to get permission for it.


We had no contact from the landlord until then, we try to call him and he said that he gave permission to the police to call locksmith.


We went to the property at 12:30am the bottom part of the door it was broken with couple of screws holding it together, but it was locked.


We open and the male it wasn't there and it was non of his stuff in the room.


We tried to call the landlord again but he cancel the call.


On Monday morning my friend tried to call him again but no answer an hour later he text her telling her that in the afternoon he will come to change the locks and that the keys of the property are at the police station.


At 6pm -7pm I'm not really sure what time she received another text message from the landlord saying that he is been advised not to change the lock because the male hasn't confirm that he is not coming back to the property.


??????? I'm a bit confused, can he do whatever he likes while my friend is the legal tenant?


 


Thanks


 


Thanks


 

Expert:  Remus2004 replied 2 years ago.
Thanks.

The difficulty with this is that she has sublet this property. The act of doing so means that she loses her status as a tenant and becomes the landlord to the sublet tenant.

He was excluded from the property. That is a criminal offence. Clearly suspicion for changing the locks has fallen upon her and that would be an offence of unlawful eviction. That is why the police were involved.

To that end, they were perfectly entitled to change the locks, gain entry and allow her tenant back in and sadly they will recover the cost from her.

I'm very sorry.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thanks for your reply,


 


Is pretty sad as the police advised her to do so as she was threatened by him.


We should had ask in this website


 


Do you know what are the consequences now for her?


 


Chris

Expert:  Remus2004 replied 2 years ago.
They could charge her with unlawful eviction. Its not all that likely that they would. The days when those prosecutions were commonplace have gone really.

More likely she will be asked to cover the cost of the locksmith and sued in default.

Customer: replied 2 years ago.

Thanks,


 


I'm so sorry but what do you mean sued by default?

Expert:  Remus2004 replied 2 years ago.
If she doesn't pay then they will sue her to recover the cost of locksmith

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