Should a landlord pay for a locksmith?

Should a landlord pay for a locksmith?

11:55 AM, 3rd October 2022, About 2 years ago 44

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Hi, Our tenant has given us a notice. I advertised my property and arranged a viewing.

I asked permission of the tenant – Can I show the property as they were not available and were out during viewings. They happily agreed.

I showed the house and locked the house before leaving the property.

Later my tenant called me and asked why have I locked the house as they couldn’t enter the property as they hadn’t taken the key for bottom main lock.

Note – the main door has two locks – one Yale and the main lock.

I was a 4 hour drive away and asked them to call a locksmith.

Now the tenant has paid their rent but deducting locksmith charge of £250.

Should the landlord be bearing the charge because tenant didn’t lock the property in the first place?

And secondly they forgot to take the keys with them.

The tenant’s argument is why I locked the property when I was leaving.

Thanks,

Aastha


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Comments

MoodyMolls

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19:02 PM, 5th October 2022, About 2 years ago

I would pay for the locksmith.

trying to get viewings is difficult.

I have two just given notice and both don't want the viewings . One only wants a day on last week , the other one will only allow two Saturday mornings.

If you try and insist its possible the place will be not presented well or when you turn up they wont be in.

So even thou its in the tenancy conditions its hard to enforce and I bel that if they cant allow viewings or the place is a mess on viewings they should be liable for extra
two weeks rent.

This should be in the white paper

Smiffy

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20:16 PM, 5th October 2022, About 2 years ago

I've only ever once done viewings with a tenant in situ. Wouldn't do it again. Although there was no issue, it just felt like an intrusion. Maybe its different if tenants are short term.

I certainly wouldn't do a viewing without the tenant present.

I prefer a void between tenants to catch up on maintenance and/or upgrades, so do viewings when they are empty.

In this case,
You left the locks in a different state to when you arrived.
You didn't call the tenant to check.
You were not available to correct the problem.

The issue of theft/insurance isn't your problem if the tenant leaves the house insecure, it is the tenants, even if it is your furniture that gets stolen!

If the locksmith had only charged £25 would you have paid it? I'm guessing you probably would. So the real issue is the amount.

Pay the bill graciously, its on you really.

Aastha gautam

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21:02 PM, 5th October 2022, About 2 years ago

Reply to the comment left by Smiffy at 05/10/2022 - 20:16
1- I left the lock in different state. You mean I secure my property my properly locking it?
2- This is a common sense that whenever you leave property you carry all the keys. Its not a big thing to expect.
When landlord handover all the keys.
3- No, its always a landlord problem if anything get stolen or broken in property.
4- Its not about the money, tenant has already deducted the money.
5- My question - has this house and the stuff and furniture is of tenant will they leave the house not locking it properly??
Why its not landlor house and landlord furniture... Tenants doesn't bother?
6- I would really like to know who leaves his own house unlocked when going away for full day? And then also decide not to carry all keys with them..
Just because you are renting a property and its not of your own, you can not care about it.

Smiffy

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23:19 PM, 5th October 2022, About 2 years ago

Reply to the comment left by Aastha gautam at 05/10/2022 - 21:02
You probably need to read up on the legalities of renting property.

AP

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8:20 AM, 8th October 2022, About 2 years ago

I think over 50% of my tenants don’t use the bottom 5 lever mortice lock and rely on the top nightlatch (yale) lock.
I always thought it’s common knowledge about insurance requiring the use of a 5 lever or BS standard lock. But you need to remember that many tenants don’t bother with contents insurance (whatever your tenancy agreement says) so often don’t know this. And everyone has a different approach to how important they think following ‘the rules’ for security is. Never mind tenants, it’s a source of arguments with my own wife!
Whilst I sympathise with you, in your situation I would pay the locksmith. When I’ve noticed tenants not locking the 5 lever during repairs or viewings, I’ve left the door as I found it and advised them to use it.
Whether they do or not is up to them, and should they have a break in and your insurance is not paid out for this reason you would have to claim against them (from deposit or if larger in court).
If it’s of great concern to you, I would look to get a BS standard deadlocking nightlatch fitted which satisfy most insurers with that single lock, or a keyed alike euro 5 lever deadlock so it’s the same key for each lock (although I have some of these that tenants still don’t use!)

Mervin SX

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9:57 AM, 8th October 2022, About 2 years ago

Aastha,

I am a portfolio landlord and I have been in the lettings business for 15+ years. Some of my properties are local to me and some are further afield. Some of my properties have double locks on the entrance door and I do most of my viewings.

You carried out viewings whilst your tenants were not at home. You are expected to leave the property the manner in which you found it - i.e. if you turn on lights, you turn them off on your way out. If you open windows, you close them on your way out. And so on and on.

You did not lock both the locks on the entrance door thinking it is more secure for the tenants - you just did not take note of which lock was used by the tenant.

Therefore, it is your mistake. You should have organised a locksmith, but since you asked the tenant to, you should pay up. After taxes, it'll actually cost you £150-200, depending on your personal tax situation.

So, no need for excuses about security and being blunt/rude about it.

Roy B

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13:33 PM, 8th October 2022, About 2 years ago

Reply to the comment left by Aastha gautam at 04/10/2022 - 10:34
You took advantage of the tenants permission to show the house as per the agreement - YOU locked the door in a way that YOU had not found it. YOU told the tenant to get a locksmith The tenant could be liable if the property was broken into if only one of the locks was locked. IMO you shouldn't even quibble about the £250 - especially if you want the tenant to look after the property till the end of the tenancy. You should pay because you didn't leave the property as you found it.

philip allen

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15:55 PM, 8th October 2022, About 2 years ago

Reply to the comment left by Aastha gautam at 04/10/2022 - 10:34
Dylan assumed exactly the same as I did, that you lived 4 hours away from the property. My first thought was, 'why not use a local agent?' I would suggest that your tenant would not even consider taking the second key as they had not used that lock. I wouldn't have done. And as for, 'landlords can't be blamed for the choices tenants make', try telling the judge that next time you are defending yourself. Stop playing the victim and make a simple choice, either issue a Section 21 while you still can or, if you believe them to be an otherwise valuable tenant just swallow the £250 cost. Now I must finish. People do have weekend plans!

Swift Kick

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23:51 PM, 11th October 2022, About 2 years ago

Quite impressed with the variety of views generated with this little conundrum!

My first thought: How can I ensure that this scenario is adequately covered within the tenants' obligations in my AST to ensure this little beauty does not land in my lap at some stage.

Action: Draw up a suitable provision whereby the tenants agree that they (and any guests or cleaners) always secure all locks on both private and communal doors.

Anyone exiting the property must have all keys at all times, so can always open all locks irrespective of how they may be upon their return.

Result: They are then solely responsible for all costs associated with their failure to secure the premises properly, and the landlord, his agents or appointed contractors are hopefully off the hook, subject to any case law possibly surrounding the Tenants Fees Ban Legislation.

Ultimately, if this scenario is not adequately covered by the terms of your AST, and assuming you have enjoyed a reasonable relationship with the tenant, I would attempt to split the locksmith costs with them on a 60/40 tenant friendly basis.

I think I recall that they have provided you with notice to vacate ? Providing you have been happy with their conduct to date, perhaps you could infer that a fair agreement on this point would certainly be reflected in any future landlord's reference requested !

Just a thought and good luck.

Ian Cognito

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0:03 AM, 12th October 2022, About 2 years ago

Reply to the comment left by Swift Kick at 11/10/2022 - 23:51Yes, a good idea to include in the tenancy agreement, but make sure the clause is highlighted to an incoming tenant as he/she will probably not expect to have to secure every lock on every occasion the property is empty.

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