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Legal rights when a housemate leaves key outside

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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?
    Do we really want to get side-tracked into a legal discussion that's unrelated to the OP's poblem of the locksmith charge?

    But OK - it may be a crime. We don't know. Was anything stolen?

    It was certainly not "breaking and entering", nor was it "criminal damage". If something was stolen (we have no evidence of this) it would probobly be "burglary".

    If nothing was stolen, then there's no crime, though a civil "trespass" occurred.

    Did the culprit keep the key after entering, or return it to where it was found? There might have been theft of the key. We don't know.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    G_M wrote: »
    But OK - it may be a crime. We don't know. Was anything stolen?
    Here's a clue.
    Pearl1997 wrote: »
    someone broke into the house stealing several items.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Here's a clue.
    someone broke into the house stealing several items.
    Ah! Oops! Skim reading.....

    I still take issue with the 'broke into' but yes, theft is obviously theft.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 January 2017 at 7:44PM
    As has been said above, you're all equally liable - and all liable for the full amount if people don't pay.

    That aside, that's just "who can be taken to court to pay it if nobody does".

    As you all KNOW who did it .... you need to all lean on her to get her to pay it. If she's that stupid/careless/unaware then she's a snowflake and her parents will pay it for her if you let her know you're serious about not letting her get away with it.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    but a snowflake is a thing of beauty is it not?
  • G_M wrote: »
    but a snowflake is a thing of beauty is it not?

    Only very briefly and from a distance.

    Once it lands on you it turns into an annoying cold wet drip.
    A kind word lasts a minute, a skelped erse is sair for a day.
  • Millerdog
    Millerdog Posts: 119 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Just a reminder too that to claim for a new lock or theft from your Insurer/s requires that there is 'forcible or violent entry' in most cases. Even more likely where a property is shared as Insurers don't want to pay for flatmates swiping each others goods!
    I may not have thanked you but I meant to, honest!
  • teddysmum
    teddysmum Posts: 9,529 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Unless a bunch of keys was left outside (why , anyway?) surely just the lock with the stolen key would need changing.
  • AlexMac
    AlexMac Posts: 3,066 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Sympathies; when we were first burgled- over 40 years ago - it was because we were equally young and clueless- didn't even have window-locks, nor, of course insurance! The good news was we don't have much worth stealing, but they took all that was; so it was a hard lesson learned.
    Pearl1997 wrote: »
    Hi,
    (we have been) charged a total of £300 to change the locks, I was away...are the whole house obliged to pay?... I don't have any money (for) my share

    Irrespective of whether it's fair and whether you are individually or "severally" (jointly) liable, or whether the locks could have been changed cheaper as a DIY job (not that I'd trust anyone under 25 with a chisel, drill and screwdriver, lol), it's reasonable, in fact helpful, that the landlord has promptly changed 'em (presumably because one of your co-tenants reported the incident?) And equally reasonable that the LL charge you for the foolishness rtaher than swallow the cost themselves?

    So you are where you are.

    If you don't pay up, presumably the landlord will simply take it out of the deposit - especially as they have the evidence of having to lash out £300 in the form of a receipt? And/or simply evict this bunch of tenants at the end of the 1st 6 months and find tenants who are less hopeless and know how to lock a door?

    Sorry to sound harsh, but the LL won't want to get involved in arbitrating on who pays how much.

    So its down to you as a group to negotiate as suggested above, and, if as you say ....
    Pearl1997 wrote: »
    Hi,
    ...she isn't being very nice about the situation and I don't have any money (for) my share

    All you can do is employ the classic American Amish technique of "shunning"!
    http://www.exploring-amish-country.com/amish-shunning.html

    Good luck; at least you have youth (and hopefully, good health, family and good friends) on your side!
  • Yorkie1
    Yorkie1 Posts: 12,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    G_M wrote: »
    Ah! Oops! Skim reading.....

    I still take issue with the 'broke into' but yes, theft is obviously theft.


    Just to clear up this side issue, you don't need forcible entry for the crime of burglary to be committed. It's just entry as a trespasser.
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