We were recently instructed by a tenant who had returned back from his holiday to find his landlord had changed the locks on his home. The landlord had not provided our client with a section 21 or 8 notice or commenced legal proceedings in order to obtain an order for possession like he should have done. Instead he changed the locks and later moved all of our client’s belongings outside under a car port!
When we contacted the landlord his defence was that his employee accidently provided our client with a tenancy agreement when she should have only given him a licence to occupy. Good luck in arguing that in Court: "Sorry Judge oops wrong document".
Credit to both sides should be awarded as after the company recognised its mistake we were able to reach a quick and fair settlement for our client.
Note to commercial: Make sure all employees are familiar with how to follow the correct possession procedure.
Note to Tenants: If you ever find yourself in a similar situation to our client do not just walk away come and see us for advice. This case was funded under the Legal Aid scheme.