landlord has key???

Herb

Rick62 wrote:

It would be interesting if this went to the European court, in my mind it is a breach of basic human rights that someone else should or must have a key to the house that you occupy.

In 2006 I was phoned five times by three tenants, each had lost their key and expected me to help them out.
On another tragic occasion the police could not enter a flat for an ex psychiatric patient who had not reported into his hospital. Through no fault of my own I was unable to give them access and he was found dead after an overdose.

I think its a bit strong to say it's a 'Human Right' that no one else should hold a key to the property.

It is a tenant's legal right that a landlord does not enter the property without notice. If the landlord does otherwise then call the police.

The landlord needs the key for emergencies - but more often for when the tenant absconds without notice, and the landlord needs to get back into their property.

The property belongs to the landlord - The landlord should have a key.

The landlord can be criminally prosecuted if he/she abuses the use of that key.

roswell

I have to agree with herd, its the landlords property not the tenants.

And i also agree it shouldnt be miss used

deary65

Kaminari wrote:

A LL has every right to have a key to the property they own, however in the Tenancy Agreement it will state "Quiet Enjoyment". This means the LL has no legal right to enter without giving (i think) at least 24 hours written notice to the tenant and the tenant can still refuse that if they don't want to LL around. Unless it was a serious emergency the LL would have have to get a court order to legally access the property. This is irrespective if they have keys or not. Just because they have keys does not mean they have legal right to enter the property.

The landlord does not own the property he owns the rent. He has exchanged exclusive possession for a money payment. Hope you understand that.

roswell

Um I think you will find he does own the property. Its his if he wants to sell its his to repair its his to rent out or not to, Yes he may rent it out and he may get in squaters and have to go to court to get possesion but the property is owned by him and the bank that lent on the mortgage.

franklee

prudryden wrote:

Frank - There was never any intention to say that these ladies don't have a reason to change their locks. Of course they do. That is why I put the source of my info (which is rare on these forums). There are exceptions to the general rule, which clearly applies to these ladies. If it is an exception, then that proves the rule.

Ah right, so you disagree with the information you posted

prudryden wrote:

You must never change the locks without the prior approval of the managing agent and/or landlord;

Source: Harrow.gov.uk

that clearly says a tenant must never change the locks without prior approval. Never doesn't really allow for any exceptions

I am glad we both agree these ladies are entitled to change the locks without permission and withold the new keys. I certainly would. They will have to face the wrath of the landlord but given his appalling behaviour that is bound to happen sooner or later anyway. I would also sue, once I'd complained, documented and reported the landlord's behaviour. A well respected member of llz says "Cost to landlord for damages of £10,000 is not unknown." in that post I linked to for a similar case.

roswell

franklee wrote:

I would also sue, once I'd complained, documented and reported the landlord's behaviour. A well respected member of llz says "Cost to landlord for damages of £10,000 is not unknown." in that post I linked to for a similar case.

That could be a lot of bridge burning there i assum that they dont have any sent in concrete lease for say the next 20 years so it may be easier all round for the tenants to find alternative accomodation as it will likely be the result that they will no longer be tenants of that property.

Rick62

The landlord needs the key for emergencies - but more often for when the tenant absconds without notice, and the landlord needs to get back into their property.

If you own the house you don't leave a key with the estate agent 'for emergencies, why should renting be any different?

If you tenant absconds then get a locksmith in for £50 (£150 in London) and deduct the cost from the deposit.

Herb

Rick62 wrote:

If you own the house you don't leave a key with the estate agent 'for emergencies, why should renting be any different?

I completely agree - no one is there to bail me out - but then I have never lost a key - ever. However many tenants have no money - they would break into their own house before paying a locksmith - if I can help them I will.

Rick62 wrote:

If you tenant absconds then get a locksmith in for £50 (£150 in London) and deduct the cost from the deposit.

Now that's just naive - the key word is abscond, do you really think they leave not owing any rent?

Some of my houses have 3 doors, so £450 per scuffer is a bit strong.

With very few exceptions Landlords do not enter thier houses without notice. Those that do so, when it is not an emergency, should be reported to the police - what's the problem?

seven-day-weekend

I would expect to be given a key to MY property.

However, I would not use it to enter the tenant's HOME, unless it was an emergency.

prudryden

seven-day-weekend wrote:

I would expect to be given a key to MY property.

However, I would not use it to enter the tenant's HOME, unless it was an emergency.

Not only would you expect, but it would be mandatory. A tenant can refuse if they want. Under current practice, that would be grounds for issuing a termination order under Section 8. Unless the tenant has clear documented proof that the landlord was abusing his right of "quite enjoyment", a judge would authorize the repossession.

The landlord has a right and a duty to protect his property and the lives and property of neighbours. If he is unable to mitigate the damage because of the action of others, then those others take on the liabilitiy.

As a personal example: One of my tenants left the clothes washer running while she went out for the day. She had left a sock sticking out of the washer door, the washer was not able to complete the filling up as water was running out. Therefore, the washer kept running. The ceiling in the flat below disintegrated into a pile of rubble.
Guess who had to pay: The tenant didn't have contents insurance which would have included liability. She is still paying for it today. Had not the people below call me and had I not had a key, the damage would have been considerably worse.