Tenant’s ’friend’ locked out

Your only duty to the tenant is to ensure the property is secure and undamaged. Tell the tenant you are going over today but do not facilitate access to "friend".

This is just speculation on my part, but do you have a clause in the AST about leaving the house unoccupied? If the tenant has gone to visit family for an extended period they may have asked the friend to look after the place in their absence and the friend may be someone usually in a house share/living with parents who will appreciate time on their own.

I would absolutely NOT drive 30 miles after a few drinks so I can give keys to my tenants friend/airbnb host/lover/subletter/boyfriend (I may consider it if I lived next door or down the block). This is a mess for them to sort out. If tenants 'friend' doesn't have the money to call a locksmith (or is too cheap) then your Tennant needs to call said locksmith and make payment over the phone.

Cheaper to break a window than have a locksmith come out. Only cost us £96 to have a human sized double glazing panel replaced after a lock out... if they left their keys inside.

OP, have you decided whether to go over and let the unknown 2nd tenant in today? Assuming you'll get a call from the legit tenant asking you to.
You're completely within your rights not to - they shouldn't have been subletting - but you might get a gut feeling that the guy's OK and let him in. Your property so your decision, consider insurance requirements though as well when weighing up the risks

I absolutely would not be giving a stranger who is not a tenant keys to my property. No way. If tenant wants him there, tenant needs to return from wherever and let him in and supervise him to a degree. Like you would with any guest or housesitter. I would also be looking legally at what I could do to get one or both of them out of the property after this from a liability perspective.

You're not unreasonable, you can't drive after drinking and there's no other way to do it. I hope someone was available to collect the spare key from you.

I don't think there is anything wrong with your tenant having a friend stay/live with. People do that all the time, especially youngish people. As long as you get your rent, why worry?

Absolutely. It's their mistake. So they can pick up the key. No way should you be driving.

This is your tenant 's issue. Even if your tenant had locked themselves out, I don't think it's your responsibility to pay for a locksmith. You're the Landlord, not his mum.

You've done enough by offering the key. I would highlight the part of the contract where it says your tenant shouldn't be subletting too.

Sounds like someone should be paying more council tax.

Same

Have you read the OP's OP?

We had a similar situation with the next door neighbour.
A lovely family rented. Her brother was over from abroad staying. (I don't imagine sublet as he didn't work and had some MH issues.)
He locked himself out when he went in the garden for a cigarette. it was cold and snowing and 11o clock at night.
He knocked on ours.
He was very drunk.
Family had gone away.
I had land ladies number I think - this was a long time ago so I might be misremembering the facts....
She ended up driving up from 15 miles away to let him in.
She was lovely.
The family were lovely and great tenants.
He was a troubled young man the sister was helping out.
I think this was the first time I met the landlady face to face.

Whilst I get not wanting to drive 30 miles on boxing day.

Sometimes a good deed is just that.

If they get a locksmith make sure they give you a key. The police are unlikely to be interested, subletting is a civil matter.

Interesting that there were two men trying to get into the house but the tennant’s friend was unable to find a solution to get to you for the key. No one he could stay with for a night, no one who could drive him, no one with the money for an Uber.

I think that you urgently need to see inside the house- it’s quite possible that he’s subletting to more than one person.

This! Do check if your tenant has sublet while he is on holiday.

I have personal experience of this, both as tenant and landlord. I thought this was universally the case! I stand corrected

Don’t think that’s true. I’ve called out a locksmith several times and I’ve never been asked for this. There’s a difference between what you would like them to do and what they do in reality…

Do you have him saying in writing in one of the messages that the friend lives with him?

What I've not seen mentioned is a locksmith won't give access to a person unless they can show they legitimate live there e.g. a tenancy agreement with their name on and some ID.

OP this isn't your problem and I don't think you should get involved.

I suspect the tenant has subletted just for his holiday, or a friend has found themselves in a fix and the tenant wants to help them out while being away. The story honestly doesn't add up unless the friend is hopelessly disorganised.

I'd try and get to the bottom of it in the new year. I'd request an inspection then and go round for a chat so you can see the lie of the land e.g. if someone is living there.

Me too actually. You would also be able to see if the property is being sublet.

I normally always side with the tenant, having had some utterly shitty landlords... but in this case the tenant is firmly in the wrong. I got locked out as a tenant and it didn't occur to me to bother the landlord - in fact I was really worried about letting them know after the fact, as I had to get a locksmith out. I didn't want them to think I was irresponsible.

If it were a houseshare I wouldn't be surprised the tenant didn't check the other occupier wasn't home - I've definitely lived in houseshares where I wouldn't have said anything when I was coming and going. But it does make it sound more like a sublet than a 'friend'.

What a cheeky tennant, I'd tell them that they will be paying for any repairs, and that no one else is to be there more than two weeks

I am not a legal expert and while if truly sublet you have grounds for eviction if the friend is living with the tenant you may not although could evict at end of tenancy. I know when I moved in with my then boyfriend to his rented flat the letting agents tried to increase the rent and enforce a similar clause. Luckily my friend is/was a letting agent and told us to tell them to do one (we were going to love out at then dof tenancy anyway) as it breached my boyfriends right to quiet enjoyment of the property and the ability to treat the property as his home.