Here is a question to the blog clinic from Lillyan, who is a tenant in England.
My landlord is insisting on having a copy of the house key as she says they are her keys. (Locks got changed two years ago) Nowhere in my tenancy does it state she is to hold a key.
I told her that I was given three keys. I gave one each to my daughters, who still live at home, and one to myself, and to get a new one cut would cost over £30 due to the type of key it is. (Similar to a car key rather than a door key). She told me again that they’re her keys and she wants one, and if I need three, then I can pay to get a new one cut.
There isn’t any reason for her to need a key, as someone is always in for repairs etc. I told her that I’m not happy, but If she insists, then I would get one cut and deduct it from the rent. However, she’s now gone bananas and has spoken about giving me my notice.
What rights do I have here? Am I in the wrong to have suggested this regarding the rent, which I ALWAYS pay and on time)?
Answer
In this situation, the first thing to do is to look at the tenancy agreement. If it says nothing about keys (and many tenancy agreements do have clauses about keys), then if she gave you three keys, I can’t see why she has the right to demand one of them back again before the tenancy ends.
Then if the locks got changed a few years ago – who paid? If it was you, then arguably, they are your keys (although you should still hand them back when you leave). If your landlord paid, then I suppose it is arguable that she should be entitled to have one of them.
However, notwithstanding all of this, if your landlord wants you to leave, your security of tenure is only as long as your fixed term (if you have one) and/or the two months notice period of a section 21 notice – should she serve one. And the length of time it would take her to obtain a court order for possession (probably between six months and a year), as tenants have the legal right to remain until the bailiffs are at the door.
At the moment, landlords do still have the right to use the no-fault section 21 notice procedure without giving any reason. This is due to be done away with in the Renters Reform Bill, but the bill is not yet law (and is being seriously delayed in its passage through Parliament).
The question is, if you don’t give her the key, is she really going to evict you? And if so, is it worth risking this for a £30 key?