Landlords Keys

SaLoGo

Is my Letting Agent/Landlord legally entitled to demand a spare key to my house?

I have just checked over my TA and all I can find is a paragraph under keys stating: "Keys - Not to have additional keys cut without the consent of the Landlord"

The last TA is dated 4th November 2013 and is an AST for 12 months ending 3rd November 2014. I've been on a rolling periodic tenancy (I think that's how it's described) since.

So my issue is that my LA have discovered that I have changed the locks to the house I am renting. I did this when I moved in May 2013 for my own peace of mind. The LA came to do an inspection today claiming that they wrote to me a week ago advising of this, but I have received no letter. They couldn't access the property as I was at work, they know full well I work full time, so tried to use their key which wouldn't work.

They have advised me that I must provide them with a key, or they will change the lock and charge me for the cost of this. Can they do that?

I personally don't want random workmen having access to my home when I am not there. I'm not denying them access, I'm willing to make myself available for inspections/repair etc so I am not being difficult.

lighting_up_the_chalice

The short answer is "Maybe". What they don't have the legal right to is access to your property without your consent. So, they can have the keys, but the use of those keys is up to you. The agent has potentially committed a criminal act by trying to gain access to the property without your consent.

SaLoGo

So really the key is irrelevant... they tried to enter my property without my permission! And they wonder why I don't want them having a key! How can I trust them with a key now? Annoying thing is we've had a perfect relationship for the last 2 years, they deal with issues quickly, I pay my rent early and am a model tenant ('cept for changing the locks!). I don't want to rock the boat because I love it here, but I don't want to be a pushover either.

Smi1er

So send them a key. Doesn't have to be the correct key.


Also advise them that legally they can only enter by themselves in an emergency. For future inspections they should always get confirmation from you that it's ok to attend at their preferred date/time. Tell them no confirmation, no access.


I'm a LL and I would have no problem with you changing the locks. Just be warned though that if I need to access in an emergency I will be billing you for the locksmith if you've changed the locks.

Guest101

SaLoGo wrote: »

Is my Letting Agent/Landlord legally entitled to demand a spare key to my house?

I have just checked over my TA and all I can find is a paragraph under keys stating: "Keys - Not to have additional keys cut without the consent of the Landlord"

The last TA is dated 4th November 2013 and is an AST for 12 months ending 3rd November 2014. I've been on a rolling periodic tenancy (I think that's how it's described) since.

So my issue is that my LA have discovered that I have changed the locks to the house I am renting. I did this when I moved in May 2013 for my own peace of mind. The LA came to do an inspection today claiming that they wrote to me a week ago advising of this, but I have received no letter. They couldn't access the property as I was at work, they know full well I work full time, so tried to use their key which wouldn't work.

They have advised me that I must provide them with a key, or they will change the lock and charge me for the cost of this. Can they do that?

I personally don't want random workmen having access to my home when I am not there. I'm not denying them access, I'm willing to make myself available for inspections/repair etc so I am not being difficult.

Nope. No such entitlement.

Reply saying you do not agree to the locks being changed. Such action would breach your right to quiet enjoyment. It would also be harasment, bordering on illegal eviction

Say that you feel vindicated in changing the locks as they have tried to gain access without your consent.

pmlindyloo

Read this:

http://www.landlordlawblog.co.uk/2014/09/03/are-landlords-legally-entitled-to-hold-keys-to-their-rented-properties/

Unless the law has changed then there is no law that says the landlord/letting agent can hold a set of keys unless it is written into the contract.

As regards the LA coming to do an inspection then they have to give you notice and wait for a reply. I am presuming they had a telephone contact number so should have contacted you if they hadn't heard from you giving permission.

This is a very contentious issue as to whether they have the right to enter your property for an inspection/repairs and if you refuse then only a court could decide one way or another.

However, since you are on a periodic tenancy the LL could just issue notice for possession.

In all things it is best to be diplomatic. Agree a time for an inspection and put it in writing that you are happy to allow them future access with due notice and a reply from you granting it. Explain that you want to be present for 'visitors' and would have to arrange time off work to do this.

Guest101

Smi1er wrote: »

So send them a key. Doesn't have to be the correct key.


Also advise them that legally they can only enter by themselves in an emergency. For future inspections they should always get confirmation from you that it's ok to attend at their preferred date/time. Tell them no confirmation, no access.


I'm a LL and I would have no problem with you changing the locks. Just be warned though that if I need to access in an emergency I will be billing you for the locksmith if you've changed the locks.

The ironic thing is, if it's a true emergency you shouldnt have time to call a locksmith, and if you do call a locksmith, its really not an emergency

But i understand what you mean.

thesaint

You have mostly been informed incorrectly by well meaning, but uninformed forum members.

What does your tenancy agreement state about changing the locks(if anything)?

jjlandlord

What could you do if they were to change the lock is a good question.

Harassment or illegal eviction, clearly not.

But if it could interfere with your exclusive possession of the property as they would probably have to ask you to visit their office to get the new keys.

They probably couldn't charge you.
Even if your agreement did state that you couldn't change the lock, IMHO they wouldn't have to change it back unless there was a compelling reason to.

lighting_up_the_chalice wrote: »

What they don't have the legal right to is access to your property without your consent.

They do have a right of access for the purpose of inspection. The tenant has given consent through a term of the tenancy.

Smi1er

thesaint wrote: »

You have mostly been informed incorrectly by well meaning, but uninformed forum members.

What does your tenancy agreement state about changing the locks(if anything)?

Really? You're inferring that anything in a tenancy agreement is enforceable.


eg If a TA says No Smoking in the property you can't legally enforce it.

Innys1

If the tenant/landlord relationship has deteriorated to this extent, and there is only a PT now in place, the tenant shouldn't be surprised if the landlord seeks repossession, simply because they are annoyed - I'm assuming the place would be re-let with no delays.

I'm a Landlord and have keys to all the properties I own. I don't often visit the properties - usually only when something has gone wrong - and always send a text notify them of my visit, at least 24hrs in advance. If a tenant was to change the locks without my permission, I wouldn't be impressed and probably wouldn't renew the tenancy.

If there's no trust in the tenant/landlord arrangement, better for it to end.