Burglary in rented accomodation - rights if Landlord is at fault

Nadeshka

I'm not sure if "rights" is quite the expression required here but I'm essentially looking for advice as to what someone can do if they're burgled while renting.
My boyfriend's flat and one above were burgled last week, and there were no signs of forced entries. This means either someone picked the locks or had keys.

Firstly the Mortis lock on the front of the building has been taped up by the estate agents and the tenants were told not to use it (they were refused keys for it)- leaving only the Yale lock, which the Police referred to as "a glorified latch for criminals" and they were frankly shocked at the lack of security provision for the flats.
The locks don't appear to have been tampered with though and so there's also a possibility that they didn't change the locks between tenants and as a result someone got a hold of the keys to the flat.

There's two main questions that I have:
Understandably my boyfriend and his flatmate would rather move out now, but there's 2 months left on their fixed term contract. Can the Estate Agents really force them to pay for two months rent when they were negligible?
Also (really for the second situation) are they liable for the cost of what was stolen?

Thanks for any help, they're going to chat to the estate agents this week but I thought it would be useful to know what their "rights" are in this situation.

iamana1ias

Presumably your BF and his flatmate have contents insurance to cover their stolen belongings?

shane42

its not the LL fault either, yes the bf will have to pay

Nadeshka

Unfortunately not, he knows it was stupid but lesson learned. That's one of the reason he would like to move out earlier so he's not paying rent on a flat he doesn't feel safe in.

On a separate issue if someone else used keys to get in would the insurance even pay out?

iamana1ias

Is it a 12 month tenancy?

Nadeshka

Yes, with a 6 month break clause I believe.
The estate agents are even putting up the rent by £200/month if he wanted to renew it for another year because in their words, "they have no problem filling such properties."
As yet they haven't replaced the locks to the front door of the building (or given them keys for the mortis) though he got the locks changed to the flat and they said they'll reimburse that.

sequence

You should have replaced the lock they told you "not to use". Your security is your responsibility ultimately and regardless of what the landlord says you are well within your rights to change the locks. I know the landlord should pay but was it worth it for the sake of a £20 lock ?

The landlord is not at fault.

Sorry if that sounds harsh but any "external" (read main!) door with only one weak yale lock is not very sensible.

amcluesent

LL has a duty of care to tenants, which I'd argue includes maintaining security of the building. As the Agent is, by definition, an agent of the LL and jointly liable, I'd open a small claims proceeding against them for the value of the items stolen less wear and tear.

Nadeshka

The external door is shared with three other tenants (it's 3 flats in one building), so I doubt they could have taken it into their hands and changed the locks themselves without the Estate agents say so.
When the mortis was occasionally locked from the inside it meant the electronic buzzer release didn't work, so the estate agents taped it up and said not to use it. I doubt they'd have let them change it because of that tbh.

Nadeshka

amcluesent wrote: »

LL has a duty of care to tenants, which I'd argue includes securing the building. As the Agent is, by definition, an agent of the LL and jointly liable, I'd open a small claims proceeding against them for the value of the items stolen less wear and tear.

This is why I'm asking, as the police mentioned this as a possible failure on the Landlord's part. We're not looking to attribute blame and claiming for the items isn't really the main thing (not having insurance was entirely his own fault) - it's that they don't particularly want to stay and pay (pretty high) rent in a flat that they feel isn't secure.

brit1234

Simple solution is get a dead lock fitted. Most likely your interior door was sliped with mica, very common. Its when a bit of plastic is slipped between the door and yale style lock. Those are locks with the curved bolt which you get in the centre of most outside doors. The mica gets pushed against the curve of of the bolt and slips it open. A dead lock is a rectangler solid block that doesn't have the curve thus mica can't be pushed between the lock on the door. It is very cheap to fix for your landlord.


Yale lock


Dead lock