Can a landlord change the locks?

Access and changing the locks can be a hot topic between landlords and tenants. Where is the line, and can a landlord change the locks? The simple answer is no. If a tenant is living in the property, a landlord cannot change the locks without following the proper legal process. This can be considered an illegal eviction.

In this article, we’ll explain the circumstances in which a landlord can change the locks, the process to follow and the tenant’s rights.

When can a landlord change the locks?

There are a few circumstances where changing locks on a rented property is permitted for a landlord. For instance:

At the end of a tenancy

Of course, if a tenancy has ended and your tenant has moved out of the property, it’s fine for you to change the locks. You’re not locking anyone out and actually, it’s quite sensible in case your previous tenant or anyone else retains a key for the property but no longer has the right to enter.

If a tenant has been legally evicted

Similarly, if your tenant has been legally evicted through a property notice and a court order and no longer lives in the property, you can change the locks. In this instance, the property is under your control and responsibility to do as you wish.

Your tenant has abandoned the property

If you’re totally sure that your tenant has abandoned the property, you can change the locks. It’s recommended to follow legal procedures to confirm abandonment before you go ahead and do this, or else you could land yourself in some hot water. Learn more about what to do if your tenant abandons the property.

In an emergency

You might be faced with an emergency where it becomes necessary to change the locks. This could be after a break-in or if there is an immediate security risk. Changing the locks can protect your property, but it must not contravene the tenant’s rights.

By mutual agreement

If your tenant has agreed with you to change the locks, for instance for added security, then this is permitted. In this instance, your tenant will be provided with a new key/s so that they can still access the property. The key thing to remember here is that if you are changing the locks, this cannot impact your current tenant’s access.

Can a landlord change the locks without notice?

No, a landlord cannot change the locks without notice because this is considered an illegal eviction. Tenants have the right to secure and uninterrupted access to their home. Any lock change must follow the property legal process, such as serving notice or obtaining a court order if eviction is necessary. Check out our guide on how to serve an eviction notice.

Tenant’s rights around changing locks on a rented property

Under the Protection from Eviction Act 1977, landlords are prohibited from forcibly removing tenants without following the correct legal process. This includes changing locks on a rented property while a tenant is still legally residing there.

The Landlord and Tenant Act 1985 also exists to ensure that properties are maintained in a safe and habitable condition. This includes ensuring that tenants have secure and uninterrupted access to their homes.

Aside from legal acts, tenants have the right to ‘quiet enjoyment’ of their rented property. Yes, you as a landlord own the property that they are living in, but as soon as you sign it over to them as tenants, they acquire rights of their own. From that moment on, you cannot access the property without appropriate notice and legal justification. Unauthorised lock changes breach this right.

Additionally, tenants are entitled to remain in their home for the duration of the tenancy, so long as they comply with the tenancy agreement. You cannot forcibly remove them by changing the locks without following the correct process. If you do, you can be challenged in court.

Are tenants allowed to change the locks?

No, tenants generally aren’t allowed to change the locks without the landlord’s consent. Most tenancy agreements will have a clause that states any modifications such as lock changes must be approved by the landlord. One reason for this is that a landlord should always have a key for the property in case of emergencies.

If, for any reason, a tenant wants to change the locks, they need to discuss this with their landlord. In cases of personal safety or in the worst cases, situations involving domestic abuse, landlords should do what they can to accommodate lock changes to ensure the safety of their tenants.

To avoid legal action, always avoid changing locks on a rented property unless it is for one of the legitimate reasons listed above. Unauthorised lock changes can infringe on a tenant’s ‘right to quiet enjoyment’ and may constitute an illegal eviction – a situation that no landlord wants to find themselves in.

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