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Original poster

Tenant’s ’friend’ locked out

241 replies

Catcherintherice · 26/12/2024 22:50

I am a landlord and around an hour ago took a phone call from my tenant. He is visiting family and accidentally locked out his friend who lives with him. Friend has no key and apparently no money as his cards are in the flat.
The friend is not a tenant and has never been a permitted occupier. Today is the first time the tenant has told me he is actually living there.
The flat is over 30 miles from me. I have visitors and have been drinking. I am probably not over the legal limit but I never drive after any alcohol.
I am not really happy about giving access to someone who isn’t a tenant, but as the tenant says he is there, I have offered that he can get someone to collect a key from my home.
I can’t think of anything else. I have posted in AIBU as I don’t think I’m being unreasonable in not offering anything else, and can’t think of what more I can do.
He has contacted a locksmith who has quoted over £400, and wants payment before he comes out.

OP posts:
RavenclawLuna · 29/12/2024 10:07

You are nicer than me. He would be getting his notice to leave, causing a massive disruption to you and having his so called cousin there without your knowledge

Laurmolonlabe · 29/12/2024 08:56

Tell the tenant's friend to get a cab to come and collect the key and bring it to him, and that you need to talk to him about the terms of the tenancy. the fact a cab or locksmith will cost a great deal is not your problem. the friend shouldn't have been living there AND it's his mistake he is locked out.
Be wary of letting the tenant or friend get a locksmith- you could finish up locked out of your own property -when you have a locksmith you have to swear and sign it is your property so the locksmith can't be charged with housebreaking.

Nikki75 · 28/12/2024 18:40

Your not 24hrs oncall emergency.. tell them it's not your problem and you are otherwise engaged.
Cheek of that !!

Pawparazzi · 28/12/2024 18:40

You do know, don't you, that standard tenancy contracts will insist that everyone over the age of 18 and 'living' at the property must be named on the contract?
I would absolutely refuse point blank to have anything to do with this additional person staying at your property. It sounds as though your genuine tenant has been caught out here by the additional person having mislaid the key.
And as soon as possible, I'd be visiting my property to see for myself just what's going on. I'm assuming you manage the property yourself and it's not via a lettings agent?

FoolishHips · 28/12/2024 18:30

Will it affect your insurance if you don't stick to the contract? I'd be a bit worried.

AnOldCynic · 28/12/2024 18:21

@Catcherintherice, although your tenancy agreement is not with the cousin I think it would be wise to get a right to rent check on them if they are planning on staying?

Evan456 · 28/12/2024 17:47

If he’s got his phone he can get access to his cards/cash from that

HadEnoughOfThisPish · 27/12/2024 22:08

You're a much more tolerant person than me, OP. I hope you manage to get things sorted when your tenant returns and that they start respecting your property and the terms of the tenancy agreement in future. They'd be looking for somewhere else to live if it was me. Good on you for keeping your cool.

Original poster
Catcherintherice · 27/12/2024 20:15

Discombobble · 27/12/2024 20:11

What else do you expect her to do given it’s the Christmas holidays and the tenant is abroad?

Show quote history

This pretty much sums up my feelings really. I can’t do much about it at present, and if I’m honest I’m a bit relieved at not having to deal with the reptiles.
( I know they are not my responsibility, but even though they give me the creeps I still wouldn’t want the poor things to suffer)

OP posts:
Discombobble · 27/12/2024 20:11

jennylamb1 · 27/12/2024 20:02

You sound relaxed about it, however I wouldn't be happy with another person who is not on the rental agreement living there or for exotic animals to be there without permission.

What else do you expect her to do given it’s the Christmas holidays and the tenant is abroad?

jennylamb1 · 27/12/2024 20:02

You sound relaxed about it, however I wouldn't be happy with another person who is not on the rental agreement living there or for exotic animals to be there without permission.

Paul2023 · 27/12/2024 19:36

MadinMarch · 27/12/2024 17:33

What do you think a managing agent will do in this situation?
My guess is that they would do exactly nothing. They would advise the tenant to get a locksmith out- they may at most recommend one to the tenant.
It's not much of an emergency in an agents eyes as it's fully within the power of the tenant to sort this problem out by getting and paying for a locksmith. The tenant should ask his 'cousin' to attend while the locksmith is there, and give permission for cousin to have the key.
It isn't the landlord's responsibility to solve, or get involved in at this stage.
Op should talk to tenant asap upon his return and look for evidence that 'cousin' is still living there. Hard to prove though, unless they're on friendly terms with the neighbours, though two toothbrushes and two toothpastes are a good starting point, and sight of any post if possible, as well as asking 'cousin' for proof of his address if he's living elsewhere.
Consider upping the rent and serving a s21 while you still can. Bear in mind if you accept rent from 'cousin' you have instantly created a tenancy for them

Show quote history

I kind of agree. Some letting agents are better than others , but out of hours there’s no guarantee anyone will be able to help. I’ve no idea if some agents offer out of hours services.
But in lots of cases the agents still need to get the landlords permission to do any works in the first place so that doesn’t guarantee that an agent will be any better

Original poster
Catcherintherice · 27/12/2024 19:02

custardcreme77 · 27/12/2024 18:48

I’m worried about the poor animals 🙁

Please see updates. The tenant’s friend/cousin likely has access by now.

OP posts:
custardcreme77 · 27/12/2024 18:48

I’m worried about the poor animals 🙁

penelopelondon · 27/12/2024 18:36

I would arrange a visit to the house in a couple days with the excuse of changing the locks and get to see "what the heck is going on" with the snakes, the rodents and the 'cousin' because the whole thing doesn't sound good.

ExceededUsefulEconomicLife · 27/12/2024 18:17

@MadinMarch I think a managing agent would meet the cousin that I'd asked them to meet because I was busy/unable. Obviously!

MadinMarch · 27/12/2024 17:33

ExceededUsefulEconomicLife · 27/12/2024 15:51

Don't go alone, it could be fine but it's not worth the risk. Your safety is paramount.

The rest of this will sound harsh but here goes.

You may not want to go but this is exactly why you should look into an agency. If you don't have one, this is the type of inconvenient thing you have to do. When I did rent our fuse for the house blew as the landlord had a dodgy tradesman fit a dodgy shower. I had a few days old baby and was struggling to BF. I called in a panic asking if he could send someone. He said he was out for the day so couldn't. I said no problem, I'll call for you and get quotes etc. he said only if I agreed to pay as they weren't authorised workmen. Luckily western power sorted it and I'm not saying you're like that but being busy is not a luxury you should be afforded as a landlord that hasn't sorted an alternative.

What do you think a managing agent will do in this situation?
My guess is that they would do exactly nothing. They would advise the tenant to get a locksmith out- they may at most recommend one to the tenant.
It's not much of an emergency in an agents eyes as it's fully within the power of the tenant to sort this problem out by getting and paying for a locksmith. The tenant should ask his 'cousin' to attend while the locksmith is there, and give permission for cousin to have the key.
It isn't the landlord's responsibility to solve, or get involved in at this stage.
Op should talk to tenant asap upon his return and look for evidence that 'cousin' is still living there. Hard to prove though, unless they're on friendly terms with the neighbours, though two toothbrushes and two toothpastes are a good starting point, and sight of any post if possible, as well as asking 'cousin' for proof of his address if he's living elsewhere.
Consider upping the rent and serving a s21 while you still can. Bear in mind if you accept rent from 'cousin' you have instantly created a tenancy for them

Maddy70 · 27/12/2024 17:22

I'm a landlord. It could be their boyfriend or a friend the are having to stay or subletting but as long as the rent is paid who cares
They can come and collect a key from you. That's the deal take it leave it

Original poster
Catcherintherice · 27/12/2024 17:17

I am pleased to say that whilst it’s not ideal the matter has been sorted out for the time being.

The tenant contacted me as planned ( It was 5.00pm his time). He has given me his ‘cousin’s’ name. Unfortunately I can’t get any ID to verify right to reside, but I’ve never been subject to checking so far, and I haven’t actually agreed to him staying there, so hopefully all will be ok.

I have arranged to go and see the tenant on his return to discuss these issues and at the same time change the front door lock. The tenant will meet the cost of the replacement lock and keys. ( I can change it myself so probably less than £25).This has been confirmed by the tenant via email, which is an acceptable means of contact as per the Tenancy Agreement.

In the meantime I have sent the code to cut a replacement key to the tenant. It was only during our chat that I realised that this property has a particular security lock and keys can only be cut via a code, and not from the actual key.

Whilst it seems clear that I know that the tenant will pass the code onto his cousin, I have not directly given access to anyone other than the named tenant, and I will only issue the normal 2 keys for the replacement lock.

His cousin will have to find a key cutter who can deal with this type of key as not all of them have the capacity, but they are on the outskirts of a big city so it shouldn’t be a problem during normal hours.

OP posts:
DonnaBanana · 27/12/2024 17:09

Reptiles can be a fire hazard. A flat near me got burnt out because people went on holiday and left their lizards hot lamps on for a week. They can be fine without food for ages but the fire hazard would worry me

IdgieThreadgoodeIsMyHeroine · 27/12/2024 17:07

I am so invested in this and I don't even know why!

allthemiddlechildrenoftheworld · 27/12/2024 16:49

@Catcherintherice can you phone the neighbour who contacted you to ask her if she had seen the man in question previously and how often she had seen him???

allaloneandlost · 27/12/2024 16:25

@ExceededUsefulEconomicLife I agree with handing the pets over as a good idea and an agency is needed if the owner is busy to ensure the property is okay.

@PullTheBricksDown Absolutely it's the tenant's responsibility and he needs to return.

Rightsraptor · 27/12/2024 16:17

What a mess and none of it is of your making, OP, it's all down to your tenant.

On the cousin thing, you say your tenant isn't from the UK. Is he from a part of the world where words such as cousin brother, uncle etc get used very loosely and not in the literal way we in the UK tend to use them? If so, I doubt any deceit was intended.

ExceededUsefulEconomicLife · 27/12/2024 15:54

Also, obviously, don't go until you know the cousin is available.

I'm not saying it isn't the tenants responsibility but it is your house that you need to ensure is safe.