This is a question to the blog clinic from Vidhya who is a tenant.
I was mugged and had my house keys in my handbag (which did not have any identifiable data to trace my home address.)
My landlord wants to charge me to fit new security locks for the main flat building entrance and provide 3 sets of keys for the 8 flats as well as change the locks in my flat and cut 5 sets of keys. As all the 3 locks that need to changed are security locks, the total cost will be approximately £700.
As I was mugged and did not lose the keys, will I be liable for the cost as I was not negligent?
My contents insurance would not cover the cost. My landlord has landlord’s insurance which he can use but is choosing not too.
What legal standing do I have on this matter?
Answer
You should first look at your tenancy agreement to see what it says about your landlord’s insurance and the circumstances under which he should claim under it.
If the tenancy agreement is silent on this point but does refer to the landlord taking out insurance, then you could argue that this is partly for your benefit and that he should, therefore, claim under it rather than expecting you to pay the full cost. As you are paying for a tenancy where the landlord is contracted to carry insurance.
If the landlord does not accept this argument then, if you refuse to pay, no doubt he will wish to make a deduction from your deposit and you will need to argue the point with the adjudicators.
Make sure you have evidence that you were mugged, in particular, a police report, which you can submit to prove the point.
Update – I am informed by TDS that the landlord is not obliged to claim under his insurance. If this is correct then (assuming the terms of their tenancy will not help them) all tenants can do is make sure that their own insurance covers this loss.
From an adjudication perspective, we would not require the landlord to use their insurance for a tenant fault.
Ben Beadle
Director of Customer Relations
Tenancy Deposit Scheme
That begs the question – how can it be the tenant’s fault if they were mugged? Tenants in that position will feel it is very unfair if they are blamed for something which is not their fault.
I have a different take.
The Landlord must mitigate any losses, and it must be cheaper to claim on the insurance than pay £700.
Remember that is the landlord makes on one property, the cost of insurance on ALL their properties may go up, and this increase cost could be past on to the tenant that is at fault.
I cant see landlord insurance increasing by £700 for 3 lock changes and 8 sets of keys (max cost £200)
There are several issues somewhat mixed up here.
The first one, which is key, is whether the tenant is liable. If she isn’t then the whole discussion about the landlord’s insurance is moot.
If the tenant is liable then I would agree with Tessa that it depends on the terms of the tenancy agreement.
Of course, if the landlord does claim on his insurance the tenant isn’t off the hook: She will still be liable for any excess and the insurance will have the right to go after her to recover the pay out.
Vidyha says that there is nothing in her handbag which gives her address – so there is no need to replace the keys at all. Is that not relevant?