Key broke, who pays?

G_M

If the agent does not manage the property, the tenant should not be calling the agent for help or advice. The agent is, in this case, not 'the agent'. He is simply a bloke who happens to work for other landlords as an agent.

iammumtoone

G_M wrote: »

If the agent does not manage the property, the tenant should not be calling the agent for help or advice. The agent is, in this case, not 'the agent'. He is simply a bloke who happens to work for other landlords as an agent.

I know that as I read these boards. BUT how is the average person who doesn't, suppose to know that. Are they told at the beginning of the contract ie they sort out the paperwork with the agent, does the agent then turn around and tell them, from now on do not take any notice of what we say?


Why did the agent in this situation not just say sorry I cant help further we are nothing to do with this situation you need to make your own decision.

robatwork

Teamocil wrote: »

So what repairs wouldn't be covered, to your mind?

It is extremely unlikely that any tenant would intentionally damage their means of getting into their home. The landlord should pay up.

Why do you keep saying intentionally?

Nobody has for one second said that. The OP and everyone else thinks this was an accident. Not an "on purpose".

Now, it may well have been the OP's negligence (turning it too hard) that caused the break, we don't know that and the OP has been a bit quiet on the cause of the key breaking. It may have been a poorly maintained lock and an old bent key. In fact that's the crucial part of this debate.

If it just happened, and nothing was faulty, OP in a rush and turned the key and it snapped, I'd say that was the OP's responsibility.

If the locksmith has said there was a fault with the lock/key and that was the cause of the break, then it's the landlord who should pay.

Comms69

iammumtoone wrote: »

So they should not act like they do and tell tenants what course of action to take! Its not the OP fault they did that. - I suspect it was more of a "well if you cant get out and cant reach the landlord, you'll have to call a locksmith". Legally it's no different to asking bob down the pub for advice.



It easy for those on here to say the agent doesn't manage, as this is something they know. For your average person/tenant all they know is they went through the agent to rent the house, they possibly pay the rent to the agent, if they are told to do something by them which sounds reasonable in that situation, why would they question it?

Feel free to write to your MP and ask for the law to be changed. Your opinion isn't remotely helpful

iammumtoone

Comms69 wrote: »

Feel free to write to your MP and ask for the law to be changed. Your opinion isn't remotely helpful

I am sure my opinion is helpful, maybe not in the eyes of the law but it makes all the difference to have someone sympathise with the situation rather than some keep saying it is the OPs fault.


You don't know what the agent actually said. We have no reason not to believe what they say.

parkrunner

Key broke, who pays?

You do unless you can show either the key or the lock was faulty.

parkrunner

Teamocil wrote: »

Maintenance is the landlord's responsibility anyway.

This is standard BtL landlord behaviour. Of all the things you'd intentionally damage, she thinks you chose your means of entering your home? She should pay up, obviously. She knows this and is trying to weasel out of it.

I doubt locks come under maintenance, have never had to maintain a lock in my life. If the lock has been getting stiff recently and OP had informed the LL then I'd agree it's the LL's problem but it doeasn't appear that has happened.

G_M

If the agent does not manage the property, the tenant should not be calling the agent for help or advice. The agent is, in this case, not 'the agent'. He is simply a bloke who happens to work for other landlords as an agent.

iammumtoone wrote: »

I know that as I read these boards. BUT how is the average person who doesn't, suppose to know that. Are they told at the beginning of the contract ie they sort out the paperwork with the agent, does the agent then turn around and tell them, from now on do not take any notice of what we say?
* the tenant will have been given (by law) an address 'for serving notices'. Whether it is the agent's address or the LL's (or someone else's) is a pretty good clue as to who is managing
* the tenant will know who he pays rent to. If it is the landlord, not the agent, then that's pretty clear
* in most cases, the tenant will have been told, formally or informally, verbally or in writing, who to contact in the event of issues arising
* the tenant will know who came round to do periodic inspections - the agent or the landlord


It is almost certainly perfectly clear to 'the average person' who is managing the tenancy.

Why did the agent in this situation not just say sorry I cant help further we are nothing to do with this situation you need to make your own decision.

I cannot speak for them - I do not know why they did not say that.

iammumtoone

* the tenant will have been given (by law) an address 'for serving notices'. Whether it is the agent's address or the LL's (or someone else) is a prety good clue as to who is managing
* the tenant will know who he pays rent to. If it is the landlord, not the agent, then that's pretty clear
* in most cases, the tenant will have been told, formally or informally, verbally or in writing, who to contact in the event of issues arising
* the tenant will know who came round to do periodic inspections - the agent or the landlord


It is almost certainly perfectly clear to 'the average person' who is managing the tenancy.


The above makes sense, if would be helpful if the OP came back and answered the above questions. If it is the agent who is managing it then surely the OP has done nothing wrong by complying with their instruction. If it is the LL then yes the OP has to take responsibility, although I still stand by the fact the agent should not have said that.