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Can a landlord legally deny access to the apartment of a tenant for unlawful dwelling, as she denied access to a safety inspector?
As of 1st April 2021, it is illegal for a landlord to allow tenants without a safety certificate for electrical installation.
My sister lost her job a year ago and was behind in her rent payment. She owes the landlord 10 months' arrears now. She was planning to get council accommodation when she would eventually get evicted by the landlord through the courts for non-payment.
The section 21 and section 8 cases are in progress at the County court. Two weeks ago the landlord asked for access for himself and their electrician to go into the apartment to do the safety checks. My sister denied access because the place was so messy and smelly.
At 00:01 on the 1st of April, the landlord turned off the electricity supply. My sister called the police, to no avail. The next day she spent the night with our mum. When she returned the following morning the lock had been changed. She called the police again and they said they don't get involved in civic matters.
What options does she have now?
6 Answers
- MaxiLv 74 days agoFavorite Answer
I DO NOT BELIEVE YOUR FAIRY TALE!
Your sister had the option of claiming UC or getting furlough AND applying for housing benefit and council tax to enable her to pay her rent/CT...she chose not to do that instead she chose to stiff her landlord.
The police do not deal with civil law, only criminal law so they are not interested and legally can do nothing at all.
The electricity OFF switch is on the fuse box, that is inside the property no landlord is going to switch it off at 00.01 1st April....as it can just be switched ON again.
As your sister refused access ILLEGALLY for a legal EICR AND as she has already been served with section 21 and section 8 AND owes 10 months rent debt, she left the landlord knew she had removed herself so changed the locked........ she has the option of paying court costs and taking the landlord to court where she will get NOTHING........ and choosing to not pay rent the council will not rehome her anyway and if she is a single person she wouldn't get rehomed anyway........ her option is to find some family/friend who is stupid enough to allow her to stay...... as she will not be renting again
- Anonymous4 days ago
Nine months ago, you posted this same question! So, not sure if you aren't trolling.
Your sister's options are limited. She hasn't helped herself by denying access to the landlord for safety checks as her lease she signed agrees to allow reasonable access. She's is unemployed, she has nothing much to do all day, so what excuse does she have for a dirty and smelly flat, other than laziness?
However, the landlord has no right to change the locks until she has been evicted. Ditto with cutting off supplies. The suggests she starts, by speaking to Citizens Advice or an eviction lawyer
- TavyLv 74 days ago
No options she left voluntarily. The Landlord was wrong but she should have stayed and contacted the Council.
U.K.
- realtor.sailorLv 74 days ago
He cannot turn off the electric. https://www.landlordtoday.co.uk/breaking-news/2016...
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- Anonymous4 days ago
Where I live, the landlord may not disconnect a necessary utility. The utility itself may cut off a utility if there is a safety issue and require it to be corrected before reconnecting.
The landlord may not change the locks, and if they do, a locksmith can let you in and you can sue the landlord to get your money back from the locksmith. In other words, if the landlord changes the locks without removing you through the courts, you can break in if necessary and the landlord can pound sand.
- BortLv 74 days ago
Police don't have any authority over CIVIL matters which is what landlord/tenant disputes are. The only place they can be handled is in court. Whether the landlord can do what he did legally depends on the local laws of where the apartment is located. Her only option is to seek legal advice from a lawyer. Most areas in the USA have a free legal service for people that can't afford attorneys. They're, of course, not the best attorney's but they do know the laws and one is better than none.
