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Lockout emergency. Should I be reimbursed?

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  • Emmia
    Emmia Posts: 5,606 Forumite
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    edited 18 July at 12:40PM
    DE_612183 said:
    why did you leave the flat "briefly"?

    can't see any reason for this.

    as others have said - sorry but this is on you no one else.
    I have to agree, you're not wearing much, and fresh out of the shower... But you didn't think to do something to prevent the door closing
  • ic
    ic Posts: 3,424 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I agree with everybody else.  There was no fault with the door, you simply left the house without keys and shut the door behind yourself knowing full well it would lock.  You've lived there ten years, so you know how the lock works - you should have propped the door, taken keys or put the snib on the lock.  The landlord and the agents have no duty to be running around after you in this case.
  • JamesMckk
    JamesMckk Posts: 20 Forumite
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    I heard a knock at my door while in the shower, missed the courier and saw him just walking out

    Here is my thinking to this. 

    TPO state the following guidelines 
    You must manage a property in accordance with the law, the relevant tenancy agreement, and the Terms of Business with the landlord. It is accepted that there will be times when you will have to act as “an agent of necessity”

    Agent of Necessity. -  Created by an emergency arising from a situation making it necessary or proper for the agent to act without receiving the sanction or authorisation of the landlord and/or the tenant.

    My property manager couldn't drop off the keys as she was not located near the office and would have taken an hour to reach my flat. However, there has been no mention of someone else at the office doing this that could have taken 30 minutes.

    I do appreciate your comments and I know I sound like I am clutching at straws.
    I guess i'm still feeling humiliated, rather let down and at a £650 loss.
    Money that I still owe to friends for helping out with this.
    The lack of empathy was truly shocking 
  • Section62
    Section62 Posts: 9,720 Forumite
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    JamesMckk said:

    ....
    Agent of Necessity. -  Created by an emergency arising from a situation making it necessary or proper for the agent to act without receiving the sanction or authorisation of the landlord and/or the tenant.
    ....
    This doesn't mean they have to bring you spare keys because you need them.

    It means they can act without permission/consent from the landlord/you if there is a situation which requires such action.

    For example if you left the bath tap on or a pipe burst and the water is flooding the downstairs flat they could arrange for the front door to be opened (using force if necessary) so the tap can be turned off or the leak fixed.  They wouldn't need to ask you first, although they should make reasonable attempts to contact you to do so.
  • subjecttocontract
    subjecttocontract Posts: 2,708 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 18 July at 1:58PM
    I let property and have had this situation a couple of times over the past 20 yesrs. I've always made a point of running a set of keys over to the property to let the unfortunate person back in. BUT, I'm local, 5 minutes away and make a point of the fact that the tenant is dealing with me direct and (not a remote lettings agent) because it carries some advantages. Tenants need to be proactive when renting property and having a local landlord or local agent to deal with is very important.I

    In my own house I have an alarm system. This requires me to register 2 additional local key holders. I use a neighbour I can trust and a family member. In addition I have a hidden spare key in the garden. You might like to consider some of these ideas.
  • marcia_
    marcia_ Posts: 3,405 Forumite
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     I locked myself out of my housing association property and reported it to them. They were out in a few hours and correctly billed me for the pleasure. 
  • outtatune
    outtatune Posts: 753 Forumite
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    Nothing to add to the main question, but I'm wondering why the locksmith needed to drill the lock. If there's nothing wrong with the cylinder then picking your typical domestic lock is bread and butter for the pros.
  • Eldi_Dos
    Eldi_Dos Posts: 2,130 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    outtatune said:
    Nothing to add to the main question, but I'm wondering why the locksmith needed to drill the lock. If there's nothing wrong with the cylinder then picking your typical domestic lock is bread and butter for the pros.
    At £650 I do not think my gripe would be with the letting agent.
  • Ksw3
    Ksw3 Posts: 390 Forumite
    Third Anniversary 100 Posts Name Dropper
    I'd probably have asked to borrow a jumper or coat and got an uber to the office. I appreciate in the heat of the moment, emotions take over. I do think this might be one to chalk up to experience. 
  • Grumpy_chap
    Grumpy_chap Posts: 18,230 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The Tenant is to act in a "Tenant-like" manner.
    On cases like these, it means the Tenant is treated exactly the same as an Owner-Occupier.
    O-O would have no Agent to call or blame or seek recovery of the costs.

    The 4 mile walk would have been possible, if uncomfortable, in just pyjama bottoms.
    It was your choice not to do that but to call a Lock-Smith instead.
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