Here is a blog clinic question from Dave
I am about to start a new tenancy. The property has previously been rented out and all the keys “should have” been returned to the landlord. However, there is always an outside chance that someone has retained a key that could be used to gain access to the property (other than the landlord).
I have contacted the landlord requesting permission to change the locks for peice of mind and to ensure that our contents insurance will be fully valid (I doubt the insurers would cover theft from a property that has been entered using a key). However, the landlord has refused to agree to change the locks.
The tenancy agreement states that locks and door fittings cannot be removed/replaced/altered without the landlords consent. It goes on to say “Such consent will not be unreasonably witheld”.
We have offered to cover costs of the re-keying/lock replacement and would willingly give a set of the new keys to the landlord. Would the refusal by the landlord be considered to be “unreasonably witheld” given these circumstances.
What are the landlords liabilities if there is a theft by someone that has retained a key, given that we have requested the locks to be changed.
So far as I can see you have two alternatives. Either you
- Write to the landlord saying that you note his refusal to allow you to change the locks, and that in the circumstances you are putting him on notice that you will hold him personally liable for all losses if there is any breach of security and theft of your possessions, particuarly if this loss is not covered by your insurance due to the risk of the property being entered by a former tenant using his keys
or
- Get the locks changed and send a set of the keys to the landlord saying that you felt it imperative to get the locks changed due to the risk of a former tenant entering with a retained set of keys, particuarly as your insurers had refused cover until this has been done (best speak to your insurers about this first and get their backing). In all the circumstances you felt that his refusal to allow permission was unreasonble. However you have retained the old keys and locks and will allow him to get these re-instated if he confirms that he accepts personal liability for all losess suffered by you as a result of the property being entered by someone using the old keys.
What does anyone else think?
Speaking as a landlord, Dave should have kept quiet, changed the locks himself and kept spare keys for the landlord; replacing them upon vacation. The landlord would never have known about it unless he tried to gain access, which would have meant that he was then in contravention of the law.I always change my locks for each new tenant as a common courtesy, along with toilet seats and shower curtains.
Elsewhere on this site is a long and protracted debate about the tenants rights to change the locks. I have no desire to re-open that particular can of worms haha.
Mr/Ms Roberts? I tip my hat to you in changing shower curtain, locks and toilet seat. How respectful and sensitive is that? The world needs more landlrods like you.
This is an interesting topic and I too have wondered about the same issue as I am a tenant who has also thought that previous occupants probably still have a key. Our agreement also says we can’t change the locks or get additional keys cut.
I’m also currently buying a house to rent out so will be a landlord too in a couple of months and was considering changing the locks.
D.Roberts, I like your thinking. I’ll be doing the same.