In What Circumstances can a Landlord Change the Locks?

When tenants fall into rent arrears or cause damage to a property, it can be tempting for landlords to change the locks to keep them out. However, taking such steps could prove to be a serious mistake, making it all the more difficult to gain the permissions necessary to legally evict a tenant and landing you in trouble with the law. Can a landlord change the locks? Let’s explore the subject in detail.

There are certain things that landlords are not legally permitted to do just because tenants have breached their tenancy agreement. These include entering the property without permission, pausing utilities, refusing to carry out repairs, forcibly removing tenants or their belongings signing up new tenants before the current ones have gone, and changing the locks and denying entry.

Is it against the law for a landlord to change the locks?

The law says that tenants have a right to quiet enjoyment of their home. This means that whatever they are doing, you must follow the correct legal procedure. You are not, therefore, allowed to change the locks to keep them out.

Even if you have served your tenant with an eviction notice and they refuse to settle their rent arrears or vacate the property, you are still not permitted to change the locks.

There are only two legal means of evicting a tenant who has stopped paying their rent:

Section 8 notice: this is served under the Housing Act 1988 for a breach of an assured shorthold tenancy agreement.

Section 21 notice: this is served when a tenant is outside of the fixed term of their tenancy.

If you change the locks outside of the law, this is classed as an illegal eviction and it will be looked upon with disdain by a judge, even if you have a valid case against a tenant.

There are a handful of exceptions to the rules, however. These include where a landlord also resides at the property and shares a kitchen or bathroom with the tenant, and where a tenant is not required to pay rent. In such situations, landlords must give reasonable notice to vacate the property. Only after the notice period has expired is the landlord permitted to legitimately change the locks.

When should a landlord consider changing the locks?

If a tenant loses their keys then the security of the property may be compromised and this could affect your landlord insurance. You should therefore in such circumstances change the locks, and you are within your rights to pass the cost on to your tenants. You may only pass the actual charges on, however, as adding costs to the fee would be considered a breach of the Tenant Fees Act 2019.

Tenants are permitted to change the locks themselves at their own cost, and there is no legal obligation for them to give the landlord a key, unless it stipulates as such in the tenancy agreement.

If at the end of a tenancy you do not get the keys back, then this should be considered a security risk and you should go ahead and have the locks changed.

Also bear in mind that keys and locks are subject to wear and tear, so you should consider changing them from time to time, and always ensure they are in good working order between tenancies. Be sure to check that locks are fitted by a professional locksmith, and that they meet the requirements of your insurance provider.

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