Without a Court Order, it is unwise to change the locks to the residence of a tenant and refuse re-entry, no matter how angry or desperate you find yourself, or how justified you feel.

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Your tenant may seek legal advice, and likely, you will discover that you are exposed to pay very large sums in compensation and costs, as a result of acting unlawfully. In certain circumstances, there may be an argument about whether your tenant is able to regain entry to the property. If so, you will need to have a solicitor to assist you in defending your actions in Court (known as committal proceedings) which can, in a worst case scenario, result in a landlord receiving a prison sentence.

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This is a 'nightmare scenario' that one of my client's faced. He had discovered that his tenant had been wrapping 'cling film' around the smoke alarms in his flat before going to bed and smoking questionable substances. This was clearly in breach of the terms of the tenancy. Our client had realized that his tenant's actions had placed everyone else in the building at risk of death or suffocation as they slept, if a fire resulted from the tenant's action. It also meant that the building's insurance policy would potentially be void in the case of fire. In the circumstances, he thought it was appropriate to take matters into his own hands by evicting the tenant.

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At the time we were instructed, proceedings were already underway for a court order that our client pay substantial sums in compensation to his tenant. Matters were further complicated by the tenant and his solicitor alleging that our client was not only refusing re-entry, but had also ignored a court order requiring re-entry and so ought to be sent to prison. We agreed to represent him within the proceedings and argued against the tenant's barrister in court. After a lengthy battle, The Judge was persuaded to dismiss the proceedings against our client.

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The law takes the view that the correct route for landlords experiencing difficulties with their tenants is for landlords to gather as much evidence as is practical, and seek legal advice to approach a court for an order for possession. If landlords fail to take this route, the villain becomes the landlord, even when the tenant has acted wrongly.

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Should you require legal representation in similar circumstances we would be pleased to assess your case with you, with a view to representing you. No matter how far you are provoked, it is important to consider that it is more cost effective, and significantly less stressful, for you to come to us for advice and instruct us to lawfully remove your tenant from your property.  No matter the circumstances, contact us.