Liability for break in costs when no forced entry on rental property?

liztd

I rent out a property to students and received a call from the management agency to say that there had been a burglary at the property over the weekend whilst they were out.

Entry is said to have been gained via some french windows and a set of keys was stolen (I presume with other contents) which has resulted in me having to get 3 locks replaced and 8 sets of keys cut to be distributed among all concerned parties (tenants, agency, landlord).

I've been told there was no evidence of forced entry and the tenants claim to have 4 witnesses that the rear door was locked before they left the property. The burglar alarm was not activated (the tenants say there is a problem with a sensor which prevents it being armed even though I visited the property a month ago and was told the alarm was working and it was not flagged up for an agency inspection just a week ago). They've reported the incident to the police and got a crime number.

My question is really given the evidence points towards the tenants being at fault (not correctly locking the door or not alerting us to a key that may have been stolen) and not bringing the broken alarm to our attention to be fixed am I liable for the considerable costs incurred because of this?

I plan to visit the property later this week to check for missing items supplied by us and try to get more information but if anyone has any thoughts or tips they'd be greatly appreciated.

Thanks

G_M

If there was a break in, then the cost falls to you (or your insurer).

However, if responsibility was the tenants, then cost falls to them
* if one of them stole the key (can you prove.....?)
* if they failed to act in a tenantlike manner (locking doors, setting alarm)

It comes down to proof.

So, either just pay up on the grounds it's quicker, easier and avoids bad feeling, or investigate and claim from them:

* check alarm is functioning *if so they must have failed to set it)
* discuss with police their view of entry was made etc
* discuss with tenants - who was last one out?
* etc

Fire_Fox

Perhaps the keys were stolen prior to the break in not during it. Agree have the alarm checked/ serviced, that is a large part of the puzzle.

G_M

Fire_Fox wrote: »

Perhaps the keys were stolen prior to the break in not during it. Agree have the alarm checked/ serviced, that is a large part of the puzzle.

Good point. Was the lock changed when the tenancy started?(I always do this).

If not, previous tenant may have kept a copy? (and may know how to switch off alarm if code not changed too!)

Have keys ever been given out to contractors, cleaners, ANYone else who might have made a copy?

liztd

Thanks for the thoughts. I've arranged to visit the property on Thursday to check the alarm, check whether any of our stuff has gone and the remaining keys and see whether I can catch up with any of the tenants to check their version of events.

I've spoken to the police who say the crime is logged as 'unsecured access' which could mean the door was unlocked or that someone had previously stolen a key and was using it. There's also no reference to them of witnesses seeing the door being locked.

I guess I'm just checking where I stand as we seem to keep having to pay out for failings in various ways and it's costing us a fortune. Especially in this case as it turns out ALL the locks have been replaced (back french doors, side door and 2 on front door) and 6 copies made.

I had homecare cover with British Gas which may have replaced the locks for me but I couldn't get a number that worked on Saturday and I wasn't in an area that could get www and BG wouldn't deal with the agency direct. All in all it's just a bit frustrating feeling so powerless and having to pay money out at the same time

Mr_Pitiful

liztd wrote: »

I've spoken to the police who say the crime is logged as 'unsecured access' which could mean the door was unlocked or that someone had previously stolen a key and was using it.

If a burgular broke in using a key they held already, why would they steal another set?

Fire_Fox

Mr_Pitiful wrote: »

If a burgular broke in using a key they held already, why would they steal another set?

My thoughts were one of the people allegedly present when the door was locked might have snaffled that set of keys, perhaps seen the alarm was not set. Then returned shortly afterwards or handed the keys over ... who knows.

franklee

Fire_Fox wrote: »

My thoughts were one of the people allegedly present when the door was locked might have snaffled that set of keys, perhaps seen the alarm was not set. Then returned shortly afterwards or handed the keys over ... who knows.

If the keys were stolen shortly before the burglary then presumably someone would have noticed they were missing their key so I'd be asking the tenants to all show they still have their keys or if not find out exactly what set is missing and details of their loss.

If the key was stolen during the burglary then how did the thief get in??? Unless the key was copied and returned before the key was noticed as missing. Of course a previous tenant etc. would have had the chance to copy keys. I doubt anyone recently copied keys of the current tenants or it would have got noticed they were missing.

I'd be asking if the landlord changed the locks after the previous batch of tenants left, if not then many people could have unauthorised access and I think paying for a new set of locks/keys is something the landlord should have done as routine in any case. In my experience landlords kick up a fuss in the incoming tenant wants to change the locks!

As for the alarm, did the landlord give the tenants the user manual and did he change the code, or explain to the current tenants how to change the code? When I rented the tenancy agreement said I was not allowed to change the code. If the landlord did not arrange to get the code changed then again many people could have unauthorised access, past tenants/occupiers, past workmen, past cleaners etc.

If the landlord did not take the above precautions then I do not see how he can hold the current tenants responsible. If he took the precautions then the spot light is more on the current tenants and their visitors having been careless depending on if the keys were taken before the burglary or during it.

G_M

liztd wrote: »

.....I had homecare cover with British Gas which may have replaced the locks for me but I couldn't get a number that worked on Saturday and I wasn't in an area that could get www and BG wouldn't deal with the agency direct. All in all it's just a bit frustrating feeling so powerless and having to pay money out at the same time

Why on earth not?

IUt is the address that is covered so if anyone (tenant/agent/etc) rings up and quotes the BG ref number and reports the issue, BG should attend.

I suggest for the future you clarify this with BG, the tenants (if you want them to report faults direct) and the agent.

No point paying an agent a management fee if they can't 'manage'!