Lock malfunction, who should pay?

DaleGribble

I recently had an issue where a key broke inside the lock to the room I'm renting in a property. Basically I got locked out of the room, I had no idea what happened at first because the keys that I had at the time were intact. I called the landlord straight away and he became increasingly aggravated due to the fact that I was pressing this issue on a saturday afternoon. He claimed he didn't have his tools and he couldn't fix it on the day, perhaps he could maybe fix it the next day or so he claimed. I explained that I couldn't fit the key, there seemed to be a foreign object in it and upon closer examination I realized it was part of a key. He didn't like it and became slightly aggressive in tone, even implying I wasn't being honest, he said that he had no place for me to sleep at night so I asked why couldn't we just get a locksmith. He said right away that I could but I would have to pay for it and that in this case it was not his responsibility because it could have been "vandalism".

I am just wondering how correct or even legal this attitude is, he is responsible for the maintenance of the property, I pay the rent and I was denied access to the place I'm renting, the only options I was presented witth was either a) sleep in the hallway b) go to a hotel c) pay for a locksmith out of my own pocket.

Any ideas or tips about this? Because I paid a lot for the locksmith.

MyOnlyPost

You are correct that the Landlord is responsible for maintenance, however he is not responsible for wilful damage or that caused by negligence. In this instance the landlord has obviously taken the view that breaking the key in the lock is negligence.

Unfortunately it is one of those things that is difficult to prove either way as to whether it could have been avoided. I once broke a key in my lock at home because the metal snapped and it looked like metal fatigue. However I had been aware there was a small gouge in the key for some time and so should have got the key replaced. I have also put a key in the lock upside down (very hard to do) when drunk when I was a young [STRIKE]idiot[/STRIKE] man.

The landlord shouldn't get visibly angry with his tenant ever so his attitude stinks, and most people may feel it is his responsibility (which it may well be) but personally if I broke a key in a lock I would accept that it was my responsibility. As an example, if you were living with your parents and broke a key in the lock would you offer to pay for it to be fixed?

bsms1147

Just to make it clear - was it your key that broke in the lock or someone else's?

Norman_Castle

If the lock had failed it would be the landlords responsibility but if the lock has been made unusable by having the wrong key put in it that’s not the landlords responsibility.

The real question is whose key was it and why was it in your lock?

Hoploz

Was this the first day you moved in? If not, how was there half a key in the lock when your keys were intact? Who's been in your room uninvited?!

casper_g

It could be that nobody had been in the room. Somebody (e.g. a resident from one of the other rooms) could have been mucking about and put their own key into the lock. A child playing about might do this, a potential thief might try a random key to see if it fitted, or another resident might have wanted to check the locks weren't actually all the same!

It seems clear that it wasn't the OP who did this, as they were confused as to what had happened and all their keys were intact!

silvercar

It is possible to put the correct key in the lock, but turn it before it is fully inserted and break the key.

G_M

OP needs to confirm whose key broke in the lock. If his own, then chances are it was negligence and e's responsible - it is very rare (though possible) for keys to break through 'wear and tear'.

If someone else's key, the LL is responsible (unless he can prove who the other party was).

DaleGribble

Just a quick update and clarification:

I had no idea what was in the lock when I called the land lord, it turned out to be my girlfriend's key that broke off (we used those keys hundred's of times without an issue) and she didn't notice. How can this be negligence? I had no idea what happened when I called him, all I knew was that I was locked out of the place I pay for due to a malfunction and he was implying he could do nothing about it and we would have to sleep outside.

nicmyles

When I was renting, I would have paid for the locksmith myself in that scenario. It wasn't your or your girlfriend's fault that the key broke, but it was your responsibility, in that it isn't something that just "happened" (e.g. like the boiler suddenly packing up).

It's not the landlord's responsibility to fix things that break due to actions you or your girlfriend took, regardless of whether or not you intended or could have avoided it breaking.

glasgowdan

DaleGribble wrote: »

Just a quick update and clarification:

I had no idea what was in the lock when I called the land lord, it turned out to be my girlfriend's key that broke off (we used those keys hundred's of times without an issue) and she didn't notice. How can this be negligence? I had no idea what happened when I called him, all I knew was that I was locked out of the place I pay for due to a malfunction and he was implying he could do nothing about it and we would have to sleep outside.

A bit of Monday morning humour?

Why didn't your girlfriend call you to say "honey, I broke the lock to the house, you won't be able to get in after work", or "honey, I broke the key in the lock, I can't get in to the house and am stuck out on the street, help, it's an emergency"?

I'm not quite getting it.