Tenant’s ’friend’ locked out

I tried. 😄

Thanks. I think you made some good points yourself. 😊

"You have no idea of our legal obligations to tenants. What may seem strange or controlling to you is protecting both our interest and for the protection of our tenants'

My point exactly. Thank you.

The person trying to gain access isn’t a tenant and the fact anyone is locked out whether named on the tenancy agreement or not is not her responsibility. Op shouldn’t be allowing access to the property to an adult not listed on the tenancy agreement as they are not approved to live there.

As you are not a landlord, you have no idea of our legal obligations to tenants. What may seem strange or controlling to you is protecting both our interest and for the protection of our tenants.

This random guy hasn’t been declared by the tenant as living there, which is highly suspect as you’d normally expect someone to know the whereabouts of a friend when leaving to go abroad for some days. This sounds very suspicious and quite possibly a case of illegal subletting.

Two keys for one tenant is more than enough. A landlord has an obligation to give keys to every tenant listed on the agreement so the tenant has double the required amount. Keys are the legal property of the landlord and should not be surrendered to a third party not listed on the tenancy so additional key cutting is an irrelevance.

I’m thinking of legitimate scenarios where a tenant has authorized someone to enter the flat while they are abroad and the key has been lost. Maybe something like they hired a pet sitter and the pet sitter lost the key. The cat or dog inside still needs tending. I might reach out to the landlord in that scenario to see if they could help. I would expect some hefty fees for changing the locks when the whole situation is over though.

or maybe I was in a car accident and my keys were lost in the process. I’m being released from the hospital, but my spare keys are of course locked safely inside the home.

calling up and saying you have an unauthorized housemate is just sheer stupidity.

It's a bloody cheek to eclectic you to take a key to an illegal tenant.

No, this is not right at all. The OP is not providing a service. She is renting a property to an individual based on a set of contractual obligations that go both ways. She has hopefully performed all the right identification checks on renting the property. Having had that done, she needs to be ABSOLUTELY clear on who is requesting access tonight. I'm not saying it's the case here, but imagine if this was an upset person with bad intentions wanting to get in!?

Either way OP. You made all the right decisions tonight. You may need to speak to your tenant in the new year.

How did they know your details?

YANBU. You’ve agreed to let someone collect a spare key from you on the tenant’s behalf.

If they didn’t leave a spare key with a local friend or neighbour, in case they lock each other out, it’s their problem. I assume the friend has someone to stay with and can arrange with their bank to get money without their card if they don’t want to collect the key from you. The tenant is entitled to have visitors to stay. But if they’re charging the friend rent, they are subletting and have obviously signed the tenancy agreement with you, so have to abide by its terms.

Also agree it’s important to be alert to scams, to avoid inadvertently helping someone burgle your tenant while they’re abroad. Best to wait until you can get hold of the tenant.

I’d be doing a search for an Airbnb listing matching your property to be honest OP. Convenient that this happens as your tenant heads away and is uncontactable.

Do you permit your tenants to copy keys? If so not your problem unless letting in locked out tenants is part of the service they are paying for. It’s still kind to allow them to come grab a spare because not everyone has people to turn to when they get stuck.

If you don’t allow tenants to copy keys then personally I think you are obligated to provide access if someone gets locked out (with fees set as per your lease in advance). If you can’t drive then you need to get someone to drive you. This should all be set out in your lease.

The kind thing to do is to provide access as you have. Worry about the subletting issue after - find out if it’s a friend house sitting or visiting for a few weeks vs moving in long term. Frankly I think landlords should have less say in how tenants use their homes.

The OP hasn't agreed and didn't even know about this friend there until they contacted her asking for the spare key. OP hasn't given the spare key out and the two men trying to break in have left. Hopefully things will be quiet tonight and the friend has either stayed with the other man or found somewhere else.

OP if there's uninsured damage when you've agreed to a stranger letting themself into your property it's on your head.
That's irresponsible and ridiculous.

You need to check there's no damage to the door as two of them were trying to break in while the tenant's away.

I agree but with a proviso. Unless there’s an emergency, eg the property has been broken into and left unsecured, op has not right to gain access.

It's wrong to allow somebody else to live there and not your problem. It's Boxing day and they should sort this themselves. Something doesn't add up about him going away not knowing his friend was there and the friend didn't have a key or know his friend was leaving. Glad you didn't give a key to somebody else with the tenant away as they could be anybody. The friend shouldn't be there anyway and they've landed themselves in it. I'd go around asap to find out what's going on and who's living there, talk to the tenant and then consider legal action.

I wouldn't provide a key to this rando either. You have no proof that the caller is actually the legal tenant. If you give out a key and it's a scam to rob the tenant, you will be responsible. I'd just say no and remind the caller that the rental contract does not allow additional tenants who are not on the contract and you will not be able to give this stranger a key under any circumstances.

I would be at the property asap tomorrow.

This.
I'm a landlord, and in the circumstances described would not do more than allow them to collect a key from me. I would also double check that it is actually the tenant making the request, and I'd ensure that there was some written evidence that they want you to give the key out.
I most certainly wouldn't be paying for a locksmith.

It’s unbelievable that they’d call you on Boxing Day and drag you into this mess! If they were going to sub-let, the least they could’ve done was keep it discreet—what a careless dickhead.
Any damage caused by breaking and entering should be covered by their deposit. You’re well within your rights to address this.

Oh dear, I hope this gets sorted asap. As it has reached this stage, I would be consulting a solicitor with a view to issuing a section 8 and a section 21. I think with this escalation that it’s unlikely this is a friend. Probably an illegal sublet. After all, wouldn’t you let a friend know you’re leaving?

I also think you need to 100% establish that your tenant even lives there before starting the eviction process. If they don’t then you could need a court order to evict the illegal occupied. If your tenant definitely lives at the address, the second person is not a permitted occupier and although you would need to evict them if they refuse to leave, you shouldn’t need a court order to do so.

Your tenant needs to go and sort out his mistake.

You can't drive.

You can't be spending £400 on a locksmith.

And a clear conversation about who lives there needs to happen asap.

Blimey worra liberty!!😡

Just read the whole thread. The tenant is abroad ? In that case I wouldn’t give this person a key or do anything ,it’s not your problem. They are not supposed to be there.
The friend must find somewhere else to sleep
tonight , that problem is between them and your tenant.
If this friend is with someone else trying get into your property, he can stay with them for the night. Or if the police come he can have a night in a cell !