Here is a question to the Blog Clinic from Charles (not his real name) who is a tenant:
I have a peculiar problem.
I live in a block of flats on the nth floor and we have a balcony.
When we moved in we found, to our surprise, that the landlord was not going to provide us with a key to the balcony door, for the key had been lost. So, we can open the door but not lock it.
He assured us that we would be OK, because the flat was on the nth floor.
So far so good, but recently we found out that the development manager intends to put scaffolding up in and around the wall of the development, making our flat vulnerable to builders or whoever else might gain access to the scaffolding, opening the balcony door and walking in.
I have asked the landlord to provide a lock with a key for the door, but in reply he said that to replace the lock you need to replace the door, and the door is no longer being made, and by the policy of the development, one cannot replace the balcony doors with a different design, so the job cannot be done.
What I would like to know is, first what are my rights with regard to ensuring that people cannot just walk into the flat through the unlocked balcony door? If someone should steal from the flat, can I claim a refund from the landlord? Does this state of affairs constitute a breaking of a contract?
And second, if it was possible to replace the lock, and the landlord refused to carry out this work, could I replace it myself without being deemed to have broken the contract? Could I sue him for the cost of the work?
At the end of the day, despite the different questions, all I want is for the flat I live in to be secure, so any advice on these issues would be welcomed.
I don’t think the landlord can reasonably expect you to put up with a situation where your property is insecure in this way.
One thing which occurs to me is that you could maybe put a bolt on the door.
However if for any reason this is not possible, write to the landlord saying that it is unreasonable to expect you to live in a property where a door, which now can be accessed by builders, is incapable of being locked, and that you will hold him responsible for all and any losses you suffer as a result.
Maybe if you do this he will find that perhaps it is possible to put a lock on the door after all …
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If YOU have a problem, why not put it to the blog clinic? However there are a lot of questions submitted, so if you need an answer quickly remember that members of my Landlord Law service can ask me questions in the members forum area, and will normally get an answer with 24 hours.
An unfortunate conundrum for your landlord if that is the case.
Give a few Locksmiths a call yourself and see if it is realy “impossible” to replace the lock. You can get it done yourself and send the landlrod a copy of the invoice. Landlord may well be unhappy but the key should have been provided in the first place.
If anything having the door open should make it easy for a locksmith.
If locksmith is unable to replace lock – ask him about a bumpkey or any other solutions locksmith can suggest.
This can serve as a lesson for all the tenants and even other people planning to be one…
I think I’d start by demanding to see the clause in the head lease that is so draconian that it says what door can and cannot be used on the 9th floor!! It is very common on new developments to have restrictive covenants prohibiting garish colours or caravans on drives etc until the developer has finished, scarpered and lost interest in the site (probably includsing snagging responsibilities!!). But these are usually time limited.
But an invisible door?
However……..
Let us suppose the door is open, a gust of wind catches it and smashes it so it has to be replaced – what does the Landlord then suggest in terms of replacement?
The lack of a key is ludicrous – what happens if there are young kiddies living in or visiting.
Just sounds like a lazy landlord to me.
“You can get it done yourself and send the landlord a copy of the invoice.”
In the first instance I would go back to the landlord and give them the details of the locksmith and ask them to arrange and pay for it. If that fails, write to them and put them on notice explaining that if they don’t do it within a specific timeframe that you will arrange yourself it and then retain the amount (plus an additional 10% for your time) from the next rent payment.
You may want to contact your council’s Environmental Health department, and ask them to do a HHSRS(Housing Health and Safety Rating System)inspection. The officer will check for various hazards, one of which is ‘entry by intruders’, and if a serious hazard is found, the officer will have powers to serve a notice on the landlord to make him rectify the problem.