Legal rights when a housemate leaves key outside

Pearl1997

Hi,


one of our housemates left a key outside without telling anyone, and with this, someone broke into the house stealing several items. Someone must have watched them leave the key and broke in a few days later in the middle of the night.

The whole house has been charged a total of £300 to change the locks, I was away from the house during that whole week. Are the whole house obliged to pay?!

Please help as she isn't being very nice about the situation and I don't have any money to pay out my share of the fine!

Guest101

Why didn't you just change the locks yourselves?

Pixie5740

Who has charged you to change the locks? The landlord? Do you have a joint tenancy or individual tenancies for the property?

Marvel1

As the key was used I would expect the housemate who left the key outside to cover the cost for their stupidity.

hazyjo

cjdavies wrote: »

As the key was used I would expect the housemate who left the key outside to cover the cost for their stupidity.

Me too - but I expect you're all legally responsible.


Is it the landlord or locksmith waiting for payment?


How many of you are there? Would she pay a larger share if not all of it?


Was much taken?


Jx

Guest101

hazyjo wrote: »

Me too - but I expect you're all legally responsible.


Is it the landlord or locksmith waiting for payment?


How many of you are there? Would she pay a larger share if not all of it?


Was much taken?


Jx

It's not clear if the tenant asked LL to change the locks.

Tansy_1980

Depending on the wording of your contract, you could be jointly liable for each other's rent and any damage caused by each others' actions in or neglect of the property. Your recourse would be to, in turn, sue your housemate for the money you had to pay out as a result of her negligence, although this could be a messy business. Perhaps it's worth discussing it as a group. If she thinks that the remaining housemates are likely to take a joint small claim against her she may be more willing to pay you back, particularly if she is concerned about getting a CCJ in her name .

saajan_12

Assuming you’re all on a joint tenancy, there isn’t really a ‘share’ of the fee. All the tenants are ‘jointly and severally’ liable, either by a charge or deposit deduction at the end of the tenancy. So, the Landlord could go after any of you for the whole amount. The tenants may have a (verbal) agreement between them to split rent / costs into certain shares. If the LL does recover a part of the charge from the rest of the tenants, you may then be able to claim against (i.e. sue) the forgetful tenant for your losses due to their negligence.

G_M

No one 'broke in' - they used a key!

Assuming the lanlord/agent is claiming the £300, then:

* if you have separate tenancies, then the tenant who left the key outside is liable.

* If you are joint tenants on a single tenancy, you are all responsible.

If the 'housemate' is not a tenant at all, but your lodger, then the above still applies so far as the LL is concerned.

However you (all) have a case to demand the 'housemate' pays the full amount. If he's a lodger, evict him (he's in anycase unreliable!) and deduct the cost from his deposit.

But as suggested, why use a locksmith at all? You can buy locks for £5 - £25 depending on type and it takes 5 minutes to fit. Get some extra keys cut and give one to the LL/agent.

anotheruser

Ah ha, but going on what people say about similar things, that person had no right to enter that property and thus, it is still a crime surely?

Guest101

anotheruser wrote: »

Ah ha, but going on what people say about similar things, that person had no right to enter that property and thus, it is still a crime surely?

Ofcourse its a crime, but the liability for changing locks is with the tenant (who allowed access)