Key broke, who pays?

Linnea

Hello,
I apologies in advance for a long confusing story!

About 2 months ago I was just about to leave for work when my key to the door broke into a million pieces. Half the key was in my hand and rest of it inside the lock. I tried to call my landlady, who wouldn't pick up the phone. I left her voice mails and texted her to get back to me asap. When she wouldn't answer I called my agency. The told me that they unfortunately didn't have have funding to handle the flat and told me they would try and help me to get a hold of her. Both me and the agency kept trying to get in contact with my landlady, without any success. The agency tells me that I have to call an emergency locksmith, which I did since I was now extremely late for work!

A bit later when I have an emergency locksmith on the way my landlady texts me to say she's in a meeting and will talk to me soon. Then she texts me to say that she knows a guy who will call me later to sort this out. I tell her that I already have an locksmith on the way. That was the last thing I heard from her.

Obviously emergency locksmiths are expensive and I had to pay everything in the spot. Later that day when I talk to the agency again and send them the invoice, which they told me they would send you landlady.

2 months later and I'm still in an argument with my landlady. She refuses to pay since she think that it was my fault that the key broke and that i shouldn't have called my own locksmith. I've not given her a new key and she keeps asking for me to send it via post. The agency now no longer want to help me and say that it's not their responsibility to deal with this.

I feel completely alone and don't know what to do. Is it my fault that I had to call an emergency locksmith when no one could help me? Who should pay for the key, me or the landlady?

Comms69

Linnea wrote: »

Hello,
I apologies in advance for a long confusing story!

About 2 months ago I was just about to leave for work when my key to the door broke into a million pieces. Half the key was in my hand and rest of it inside the lock. I tried to call my landlady, who wouldn't pick up the phone. I left her voice mails and texted her to get back to me asap. When she wouldn't answer I called my agency. The told me that they unfortunately didn't have have funding to handle the flat - what does this mean? and told me they would try and help me to get a hold of her. Both me and the agency kept trying to get in contact with my landlady, without any success. The agency tells me that I have to call an emergency locksmith, which I did since I was now extremely late for work! - does the agent manage the property?

A bit later when I have an emergency locksmith on the way my landlady texts me to say she's in a meeting and will talk to me soon. Then she texts me to say that she knows a guy who will call me later to sort this out. I tell her that I already have an locksmith on the way. That was the last thing I heard from her.

Obviously emergency locksmiths are expensive and I had to pay everything in the spot. Later that day when I talk to the agency again and send them the invoice, which they told me they would send you landlady. - why don't you send it to the landlady?

2 months later and I'm still in an argument with my landlady. She refuses to pay since she think that it was my fault that the key broke and that i shouldn't have called my own locksmith. I've not given her a new key and she keeps asking for me to send it via post. The agency now no longer want to help me and say that it's not their responsibility to deal with this. - that's debateable, but in any case they cannot legally help you

I feel completely alone and don't know what to do. Is it my fault that I had to call an emergency locksmith when no one could help me? Who should pay for the key, me or the landlady?

depends why the key broke. Usually it's down to misuse, so it would be your fault, but obviously I don't know for sure

Thrugelmir

Linnea wrote: »

Is it my fault that I had to call an emergency locksmith when no one could help me?

What most people would have to have done in the same situation. Not a question of fault. Just getting the matter resolved as quickly as possible.

Assume that the LL thinks that you were aware of an issue with the lock already. Something a spray of lubricant would have resolved.

anselld

You should have allowed some time for the L to fix using their own contractor.

You could have spent all day at work before it became and "emergency", ie you needed to get back in. By which time the Landlord's guy may have fixed it.

Comms69

anselld wrote: »

You should have allowed some time for the L to fix using their own contractor.

You could have spent all day at work before it became and "emergency", ie you needed to get back in. By which time the Landlord's guy may have fixed it.

It seems to me that the key broke whilst the tenant was inside.

Linnea

The key broke on the lock when I was just about to leave for work. So I was still inside the flat

anselld

Comms69 wrote: »

It seems to me that the key broke whilst the tenant was inside.

Surely other exits available. I suppose if it was impossible to secure the property that would be fair enough, though L should still get a "reasonable" time to respond.

Linnea

I live in a block of flats on the fifth floor. This is the only door I could use/lock. Didn't want to leave my flat unlocked

Comms69

anselld wrote: »

Surely other exits available. I suppose if it was impossible to secure the property that would be fair enough, though L should still get a "reasonable" time to respond.

I guess not in this case; though they probably should.


Every flat I've rented - granted only 2 - had a key lock on the outside and a handle on the other (the name of that type of lock eludes me)

G_M

I don't know how other peopke live, or what kind of lock it was, but I'm trying to picture what the tenant was doing with the key from inside the property......?


Was it a yale type latch key? Surely from inside you use the latch?
Was it a mortice lock? How on earth does a mortice key break into a million pieces?

Be that as it may:
* financial responsibily lies with the landlady if there was a fault with the key or the lock. What did the locksmith say?
* financial responsibily lies with the tenant if they used excessive force or caused the key to break through some other misuse.

No one here knows what happened so we cannot attribute liability.

In most circumstances, where a landlady is liable for a repair, the tenant must give the LL the opportunity to arrange this. Indeed, Shelter publishes a detailed proces for a tenant to follow if they wish to arrange repairs themselves.


In an emergency of course this may be impossibe or impractical. But it is unclear if this was an emergency:


* was the tenant locked inside with no other exit route?
* or was the tenant outside and able to go to work?

* was the door insecure (I imagine it was actually very seure!)?
* was this the front door to a communal building, with other residents inconvenienced?
etc etc

agrinnall

Linnea wrote: »

The key broke on the lock when I was just about to leave for work. So I was still inside the flat

Something similar happened to me once, although the key in that case was for a mortice lock. I'd used it to lock the door overnight and when I tried to unlock it to go out the key deformed, wouldn't unlock and wouldn't come out. It was the only door so I was stuck inside (I could have gone out of a window had the flat been on fire but it's not an exit I would have wanted to use except in extremis). I never even considered calling my LL, I simply called an emergency locksmith who came out, managed to fix the problem, and I paid for it as I didn't think anyone other than me was responsible.