Tenancy - legal help needed!

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Dovorian

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My poor friend has just popped in hoping that I can help her! Problem is beyond me so here to ask for help! She rented a small yard for the past 40 months, paying on time, monthly, in cash to landowner on site. A week ago she was given 2 weeks notice, today all locks have been changed so she cannot even get her horses out!! Attempts to contact landowner have failed (phones put down etc etc.) Cash payment made 5th of the month so no issues there. This poor lady is distraught and afraid what is coming. My initial thought was to go with her and 'remove' the padlocks and from there load horses etc. Neighbour, who has legal experience, says that even though they are more than likely in the right, 'forced' entry will be viewed as ilegal!! I don't usually swear but: WTF!

If there is anyone online who can advise, very grateful for suggestions... feel obliged to help as we have been neighbours for years and I suggested she contact these people to see if they would rend their land.... bums.....bums....
 
I had a very similar situation happen to me. I called the local police to ask advice. I was advised to get a locksmith in, with ID and the horses passport to prove ownership and get the locksmith to break in.

If/when charges were brought against me (which they were) I had acted under police advice, the recorded phone call proved this and so it was all dropped before it got anywhere.

So, my advice would be to call local police, explain the situation and see what they say.
 
Hi..I'm a landord.

The landlord has acted illegally, based on what you are saying.

She needs to write to them and hand deliver it with a witness, or send recorded post, informing the landlord that she will be sueing him for breach of contract etc.

I assume she has a proper written agreement?!
What on earth was she doing paying cash, does she have proof of this?! Did she get receipts for all her rent payments?

If not, then she has one big struggle on her hands.

I hope she has to both these questions as surely no-one would be that silly.

She needs to get a solicitor and quick!
 
Get her to check if her home or car insurance includes legal insurance. Many do even though people don't realise it. Call them and ask. If there is cover there will be a legal helpline she can call who may be able to offer some advice. Failing that call the local police and follow their advice. Explain to them it is a welfare issue as what would happen I'd the houses needed the vet or farrier?
 
He has breached the contract. Hopefully she has evidence of paying cash in hand, my gut feeling is she hasnt and he can claim his actions was due to lack of payments.

I would call the police and explain the situation and go banging on the landlords door!

Needs sorting out asap
 
HayleyDL said:
I had a very similar situation happen to me. I called the local police to ask advice. I was advised to get a locksmith in, with ID and the horses passport to prove ownership and get the locksmith to break in.

If/when charges were brought against me (which they were) I had acted under police advice, the recorded phone call proved this and so it was all dropped before it got anywhere.

So, my advice would be to call local police, explain the situation and see what they say.
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this. In theory forced entry would be criminal offence but in practice (esp if she leaves a similar padlock for landlord as the one broken) and is purely entering to retrieve her property under police advice then the case wouldnt go anywhere.
 
Breakthrough - she paid by cheque for 3 years until last 3 months when landlord demanded cash! On the downside, I have accompanied her to the home of landlord and they are not aswering the door or phone! Horses seem fine so not at risk initially, poor lady is distraught though, Police said that they are basically not interested!!

We are discussing how to help this afternoon - large tractor will mince their gates and I have offered horse transport. Ther other side is expensive arena surface, shavings and hay stock and tack! Am I right in thinking that if owner has prevented access, then landowner is stealing them?
 
I had a similar situation a few years ago with a house we were renting. We had no contract and it was for sale. The place was sold, andwe tried contacting him to discuss, and he told us it had fallen through. He then came round one saturday and changed the locks. We tried getting hold of police to no avail, so we broke in, I then drove to the nearest town with an open police station, about 15miles, at this point landlord turned up and rang 999. Police turned up, but thankfully we could prove we were paying him, council tax was in our name, and police eventually left, although I wasn't there. I suspect landlord waited for me to go, as he was a spineless arse, and my now ex partner was far easier to bully.
The outcomewas that even without a contract, you have certain rights. They cannot simply throw you off, nor can they deny you access to your property, which horses are viewed as. There is also a welfare issue, as who is looking after said animals if she can't get access?
From this side of things WHW may help. Join the BHS if not already a member, and use their legal advice.
 
Dovorian said:
Breakthrough - she paid by cheque for 3 years until last 3 months when landlord demanded cash! On the downside, I have accompanied her to the home of landlord and they are not aswering the door or phone! Horses seem fine so not at risk initially, poor lady is distraught though, Police said that they are basically not interested!!

We are discussing how to help this afternoon - large tractor will mince their gates and I have offered horse transport. Ther other side is expensive arena surface, shavings and hay stock and tack! Am I right in thinking that if owner has prevented access, then landowner is stealing them?
Click to expand...

If you trash the gates rather than do the minimum eg break padlock then you could be in trouble. Do the minimum, under police advice, is the only way to avoid potential risks.

Stealing would be if you could prove the intent to permanently deprive the owner of them, that could be tricky to prove. Follow the advice on here, involve the police, do the minimum necessary to access the horses and log everything that happens in writing.
 
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