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  • Landlords in Distress

    Section 8 - tenant asking for replacement key

    Hi All,

    Ive served a section 8 to my tenant (not paid any rent for 4 months since they moved in) however they are away for a few days. They have just messaged me to say they are going to sort the rent out etc. They have lost their key and want me to give them a replacement.

    Do i give them a key

    Not give them a key

    Any advice would be much appreciated.

    Thanks

    Gary

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    If you don't give them a key & it ends up in court (frankly s8s for arrears are easily delayed and/or chucked out by tenant) then guess what gets brought up in court & what will the judge think?

    Have you served valid s21  or when can you?

    Provide a key, calm, polite & prompt, get evidence you did (eg txts or emails about where to meet, etc etc etc...).  But of course you might be unavoidably detained until tomorrow 14:35....

    What does the tenancy agreement say about replacement keys/locks: Apologies but I can't read it from here...

    Actually just to be safe (your insurance policy etc...) I'd probably change the locks and provide key.  Anyone could have the original (aye, right......)

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    Hi theartfullodger,

    The ta only mentions the tenant not changing locks without my permission etc.

    Just to explain the full story

    They moved in in dec 12th on universal credit, i was prepared for the 5/6 week delay in rent.

    on the 12th february i put a uc47 in (worked quite well in the past)

    when i phoned the uc they said they had decided to keep paying the tenant ???

    turn out they dispute the arrears, iv had no help from uc what so ever.

    I hear that they may be moving out about 2 weeks ago, then i hear they have gone, then they email me saying that there coming back but have lost there key.

    I serve section 8( all done properly)

    i can not serve 21 till may 12th

    Thanks

    Gary

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     its a joint tenancy and uc let slip that she has had a change of circumstance and is not registered to the property anymore

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     its a joint tenancy and uc let slip that she has had a change of circumstance and is not registered to the property anymore

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    Hi gary, firstly the fact that they have responded and need a key means they only had one set and that they have lost it, or did you give them two sets at the outset ?

    Secondly, do they have any access to the property ?

    Thirdly if they have lost the keys, they could be anywhere so I would advise a change of locks, you would have full rights to change the lock due to this uncertainty.

    Fourthly you must serve the correct notice at the correct time, this could have been done after two full months of arrears so if you are serving a section 8 now make sure you draft it correctly and give the minimum time frame on it which I believe is 14 FULL working days.

    Next try to negotiate that they begin to pay the arrears ASAP and you will provide a replacement set of keys for new locks which they must pay for due to their negligence.

    if you have any further questions come back !

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    The ta only mentions the tenant not changing locks without my permission etc.

    Just to explain the full story

    They moved in in dec 12th on universal credit, i was prepared for the 5/6 week delay in rent.

    on the 12th february i put a uc47 in (worked quite well in the past)

    when i phoned the uc they said they had decided to keep paying the tenant ???

    turn out they dispute the arrears, iv had no help from uc what so ever.

    I hear that they may be moving out about 2 weeks ago, then i hear they have gone, then they email me saying that there coming back but have lost there key.

    I serve section 8( all done properly)

    i can not serve 21 till may 12th

    Thanks

    Gary

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    Yes you let them have have a key, denying them access could be construed as unlawful eviction which carries an unlimited penalty.

    Why have you waited 4 months? Legal action should have started the day after the 2nd rent didn't arrive in your account!

    Are they on a 6 month agreement? If so, once 4 months have passed you can serve notice under S21 assuming you have protected deposit issued (and can prove ) that you have issued deposit prescribed information and prescribed info in accordance with Deregulation Act requirements;  correct how to rent guide, epc gas record.....

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    The ta only mentions the tenant not changing locks without my permission etc.

    Just to explain the full story

    They moved in in dec 12th on universal credit, i was prepared for the 5/6 week delay in rent.

    on the 12th february i put a uc47 in (worked quite well in the past)

    when i phoned the uc they said they had decided to keep paying the tenant ???

    turn out they dispute the arrears, iv had no help from uc what so ever.

    I hear that they may be moving out about 2 weeks ago, then i hear they have gone, then they email me saying that there coming back but have lost there key.

    I serve section 8( all done properly)

    i can not serve 21 till may 12th

    Thanks

    Gary

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    Give them permission to call out a locksmith and have the locks replaced (providing you with a set of new keys)

    all at their expense.


    Strange how the rent 'cheques in the post' excuses crawl out of the woodwork when people want something....


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    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.