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Estate Agents not handing over the keys

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  • kingstreet
    kingstreet Posts: 39,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So, the letting agent has lost a client and the sale is completed.

    You've sent one email and not had a reply?

    TBH you're now in a position where everyone who was going to get paid for something has been.

    Anything from here on you are going to have to drive, so you'll need to be proactive, get on the phone and/or go knock on the agent's door. A single email is far too passive. This is your asset, part of your business.

    Grab it by the scruff of the neck.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    kingstreet wrote: »
    So, the letting agent has lost a client and the sale is completed.

    You've sent one email and not had a reply?

    TBH you're now in a position where everyone who was going to get paid for something has been.

    Anything from here on you are going to have to drive, so you'll need to be proactive, get on the phone and/or go knock on the agent's door. A single email is far too passive. This is your asset, part of your business.

    Grab it by the scruff of the neck.

    Exactly. The original post is almost fantastical.

    Assuming it isn't a wind-up, the OP needs to get down to the agent's office and find out what is going on regarding keys, deposit, contract etc. They simultaneously need to be contacting the tenant for the same.

    If no keys surface, then arrange a time to change the locks and provide tenant with a copy.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Surely you sorted this out before you Exchanged contracts.

    When you were checking the tenant's references, payment history, contract, the depoi arrangement etc etc you must have asked a) who had keys and b) what the arrangement would be for hand-over at Completion?

    I cannot believe you just did nothing.

    I assume you have now written (or are about to) to the tenants in accordance with the Landlord & Tenant Act 1985 ? Add a paragraph requesting a viewing to meet them and to discuss keys!
  • mchale
    mchale Posts: 1,886 Forumite
    edited 6 February 2015 at 8:33PM
    If its is tenanted you can not insist holding a set of keys.
    The Tenants can have their own locks and you have to write and request access.

    If the OP own's the house he/she can have a 1000 set's of key's if he/she wishes and nobody can stop him/her.
    ANURADHA KOIRALA ??? go on throw it in google.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    mchale wrote: »
    If the OP own's the house he/she can have a 1000 set's of key's if he/she wishes and nobody can stop him/her.
    But sadly since he made no arrangements for collecting the keys, nor even enquired whether the seller/landlord had keys, he has .... none.

    He could get a locksmith in, change the locks, get 1000 copies of keys made and then decide whether to give the tenants one of the copies of course.

    And then write from prison instructing a letting agnt to manage the property for him.

    Or he could make friends with the tenants (building on the relationship he started to build before deciding to buy....) and ask them to give him a set.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    spiritus wrote: »
    ... and also whether the tenant had been informed of the new ownership and bank details (next rental payment date is 15th Feb) but they haven't replied to me.

    This bit is far more important than any of the nonsense about keys, which you should have ensured was sorted out before completion. You are now the LL for the occupants of the property, and it's your responsibility to fulfil all of your legal obligations. In particular registration of the deposit, but also confirming things such as the validity of the gas safety certificate if needed. You really need to get a grip on the ownership and tenancy aspects of this property before you end up in deep doo-doo.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    mchale wrote: »
    If the OP own's the house he/she can have a 1000 set's of key's if he/she wishes and nobody can stop him/her.

    He can, but if the keys aren't his, but belong to the tenant he's entitled to have 0 of them
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    spiritus wrote: »
    Thanks but the EA will not be acting for me. I will not be using them as agents for the property and I advised them of this several months ago.

    Then once the sale is complete. The agent has no obligation to do anything for you. Why should they?
  • Pincher
    Pincher Posts: 6,552 Forumite
    1,000 Posts Combo Breaker
    The tenant can lose the keys, or their handbag robbed.
    What if the tenant owes six months rent and disappears with the keys? As the landlord, I think there is a necessity to keep a set of spare keys.


    If I bought a house, the first thing is to change the front door lock, but I still need the old key once.


    If I think the exiting tenants are dodgy, I would change the lock for the safety of the new tenants.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Pincher wrote: »
    The tenant can lose the keys, or their handbag robbed.
    What if the tenant owes six months rent and disappears with the keys? As the landlord, I think there is a necessity to keep a set of spare keys.


    If I bought a house, the first thing is to change the front door lock, but I still need the old key once.


    If I think the exiting tenants are dodgy, I would change the lock for the safety of the new tenants.

    Then the tenant can pay for a locksmith and/or new locks.

    If the tenant owes 6 months rent and disappears with the key... Great you didn't have to pay for bailiffs to come kick him out. ( assuming u have a posession order)

    As a tenant I don't agree. - which is why at the first sign of trouble, I change the locks.
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