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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My father has been a sitting tenant in his flat. This was legally

Customer Question

My father has been a sitting tenant in his flat. This was legally binding until his death. My father passed away 5 days ago, the landlord has changed the locks and and advises our family that he's holding the contents as ransom unless we pay for the full removal of contents of the flat, although us (the immediate family) did not have an obligation legally to do so? Can someone please advise if the landlord can 'blackmail' (no other way of describing this) us with the personal affects of our father, that by our father's last will and testament, belong to us.
Kind regards, Diana
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Diana my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether there was any form of tenancy agreement?

JACUSTOMER-f4nj95tt- :

Dear Alex, thank you for assisting.. Yes, there must have been a Tenancy Agreement. I've just contacting my ex husband now, to get this Tenancy Agreement (the terms were written up with my ex husband and this landlord) and thus what the Terms were.. However my family did not sign anything to agree to clear this property upon our father's death.

Alex Watts :

The Landlord can't just change the locks. I assume your father paid up to the end of the month or something.

Alex Watts :

As such if that is the case then your father is still the tenant and the property is paid for until that period.

Alex Watts :

The Landlord can't just change the locks

Alex Watts :

He must get a Court order.

Alex Watts :

So you have use and access of the property until the end of the bulling period.

Alex Watts :

What you need to do is get a Court order demanding the delivery up and access to the goods.

Alex Watts :

You can apply using form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The court will list the matter for hearing and decide whether to grant the order for delivery up and acess

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-f4nj95tt- :

Thanks Alex, I'm emailing from Singapore (time difference is +8hrs to UK).. So I don't think we can get answers today, but this is informative and useful as I suspected the landlord cannot just change the locks. However I don't know as of this moment what Tenancy Agreement he signed

Alex Watts :

Yes, I assume he paid monthly so again assume he had until the end of the month.

Alex Watts :

I hope this helps.

JACUSTOMER-f4nj95tt- :

Thanks so much... I'll follow up accordingly on this..

Alex Watts :

Great. Can I clarify anything else for you today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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