Key breaks in front door and tenant kicks down door - who's liable?

Dragon_of_Consumer_Power

I was contacted today by one of my tenants who relayed the following:

At 23:30 last night, Tenant #1 puts his key in the front door and it breaks. Tenant leaves for a friend's house to stay the night.

At 02:00 this morning, Tenant #2 returns to the house with his girlfriend, to find the door cannot be opened. This tenant then kicks the door to gain entry to the house.

Tenant #3 called me today to say that they want me to get a locksmith, which I have arranged for tomorrow.

Now, my understanding is that I am liable for the key to be removed from the lock, but that they are liable for the new lock and any damage to the door? I base this on the fact that I would not have needed to pay for a new lock had the locksmith only needed to remove the key.

anselld

Why would you even accept liability for the key in the lock? Had the lock been reported faulty or stiff? Just as likely to be heavy handed use.

Is it a joint contract? If so hold them jointly liable unless there is some other reason you haven't mentioned.

G_M

1) you are only liable for the key to be removed from the lock if the key, or lock, was faulty in some way. If the tenant was responsible for breaking the key in the lock (p*ssed? Used too much force? Used wrong key?) then the tenant is liable for the cost.

2) if a tenant kicks down a door, the tenant is clearly responsible for the damage. If tenant #2 could not gain access, he should have phoned the other tenants and/or phoned you or your agent and/or as a last resort phoned a locksmith.

Breaking in is NOT appropriate.

Assuming a joint tenancy, ALL tenants are jointly responsible for the costs.

giraffe69

I see a deduction from the deposit happening!

C_Mababejive

Give them the name of a good joiner and advise them to have a new door fitted lest they be burgled in the now insecure premise.

pimento

What is it about keys these days? I've read twice on here in the past week about keys breaking in the lock and my son broke his Yale key in the front door of his new student house on the very first day he was there. The lock was stiff but not stiff enough to break a key.
Luckily, he was able to get the broken bit out of the lock without a locksmith so it only cost him a new key and a can of WD40.

Are key cutters using a faulty batch at the moment?

Fire_Fox

Tenant is responsible any damage to the door or lock as a result of kicking the door in, no doubt it seemed like a great solution after eight pints.

Dragon_of_Consumer_Power

Thanks guys. I will pay the locksmith tomorrow, but I think I have grounds to deduct the full amount from their deposits. To my mind, they should have called me or a locksmith (or stayed somewhere else for the night), before kicking the door in.

Hump

I'd get them to pay up now, leaving the deposit intact as it sounds like you might be needing the full deposit when/ if they leave.

(Assuming they have an assured shorthold tenancy and not a licence and that you've protected the deposit)

Tenants #1 & #3 might be able to extract the money from #2 to reimburse you. If they haven't paid after 1-2 weeks I'd remind them that you have to be factual if providing onward references (i.e. delayed/ didn't pay for damages) - given another 1week then I'd remind them that your insurer has a massive legal department and that they will likely take action against them to recover the costs - talking of legal/ court action galvanises some to action (but can entrench others).

G_M

Yes. Do not just leave it till they move out and deduct from deposit.

Deal with it now. Send them the bill and ask for payment.

You may well need the deposit later for other damage/rent arrerars etc!

The deposit is there to cover liabilities that were not paid during the tenancy, which is when they should be paid.

Lavendyr

I agree with what others have posted - tenants should be liable for kicking door in and, dependent on circumstances (had they reported a faulty lock to you previously for instance?) should also be liable for the broken lock/key.

As an aside - "Dragon of Consumer Power" - are you Anne Robinson by any chance?