Here is an interesting problem brought to the Blog Clinic by Ron Leney who is a tenant:
I recently had my wallet stolen and unfortunately it had my house key in it. I reported the key missing to my landlord and asked for a replacement. a few days later they got back to me to tell it was company policy to change the locks when a key is lost and I would be expected to pay for this. They have said the following clause requires me to pay to have the locks changed:
4.1.5 Pay the Landlord for the cost of replacing the locks and cutting new keys for the property and the other occupants if any keys are not returned to the Landlord when the tenant moves out.
I haven’t moved out nor am I in the process of moving out. They argue I won’t have the key when I move out so they may as well change the locks now. I think there are a couple of issues with this:
1. My key may turn up.
2. If the locks are changed and I lose my key again what happens? I can lose my key many times but I can only terminate the tenancy agreement once.Believing their claim is pretty tenuous, I have asked them to put it in writing so I can pass it on to a solicitor. What should my next step be? Do I have any rights in this regard? Should I just refuse to pay?
Can the landlord refuse to give me a replacement key unless I pay to have the locks changed? The tenancy agreement states I am not allowed to get any keys cut.
I think you are right Rob, the clause does not authorise them to insist on the locks being changed before the end of the tenancy when you move out. However I do think that they would be entitled to charge you for the new key. So if you have access to another key for the property I suggest you just get a new key cut off that and leave it at that.
If that was your only key and means of access to the property, then presumably you will have sorted this by now as you asked the question a few days ago! But my advice would, I think, have been that if that is the only way you can get into the property you will have to agree. Unless perhaps you were able to source a cheaper locksmith to do the work yourself.
I would suggest that in future you always keep a spare key somewhere so this problem does not occur again.
All landlords should change the external locks at the turn of every tenancy. Failure to do so would invalidate both the landlords and tenants insurance should a previous tenant re-enter with keys.
Most landlords I know carry spare barrels and keys for this purpose.
When one of my tenants looses a key I simply replace the lock with a spare and re-issue keys. I only need to have one key cut to replace the key that was lost and for the couple of pounds involved I would not charge my tenants.
A landlord might want to make a small labour charge for changing the lock – personally I would not. I would sympathise with the tenant for the loss of his wallet and all the attending hassel – bank cards etc.
This landlord may be about to find out that the cost of a key is MUCH less than the cost of a solictor – sorry Tessa but you do know what I mean, he will undoubtedly find out the cost of loss of goodwill with a tenant who is trying to do the right thing. Most tenants would have had a new key cut and kept quiet.
Thanks Tessa, Mary. Thanks for your help, this is encouraging. The landlord is still in the process of getting quotes. I have been given a spare key in the mean time.
If I had got a key cut I would have been in breach of a separate clause in the tenancy agreement and probably would have lost part of my deposit when I came to move out.
Let’s see how things develop :)