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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:
Hesonlyakidharry · 27/12/2024 00:14

Catcherintherice · 26/12/2024 23:42

Your point does make sense but the tenant was there when I called to drop off some materials for the odd job man about a week ago. He is a friend and colleague of the next door neighbour who I know fairly well, so I don’t have any real reason to doubt that he’s actually there.

The extra guy living there can still refuse to leave if you ever need to end the tenancy. You’ll be evicting two people instead of one, and even if your tenant goes, the friend may or may not. It’s more risk for you.

The guy needs to go now.

Paul2023 · 27/12/2024 00:05

I’d be pissed off in your situation, getting a phone call of this nature on Boxing Day at blood 10pm..
A locksmith call out would be a pain in the arse and means you having to get a key re issued to you , whenever they get round to
doing it. It also means you won’t have access to your property until then. So if anything a courier at their expense would be maybe cheaper and a better option.
The tenant is responsible here , I’d urge them to collect the keys from you and not deal with this other person.

Or that person makes alternative arrangements and sleeps somewhere else for the night. I couldn’t ring someone this late on Boxing day , I’d feel terrible doing so.

AlmostAJillSandwich · 27/12/2024 00:04

Oh what an awful thing to be dealing with, i hope this ends in a way that doesn't cost you.

Edingril · 26/12/2024 23:59

They need to pay whether a 'real' tenant or not why on earth would a landlord pay for something not actually wrong with the place?

SoNiceToComeHomeTo · 26/12/2024 23:59

What a nightmare but apart from anything else, this is not your problem. It’s between the tenant and his friend.

Secondguess · 26/12/2024 23:57

It sounds like you should enforce the tenancy agreement now. If you agree to let the "friend" enter the property it could become even more difficult. You may already have cause to end the tenancy agreement.

As an aside, do you believe the story about locking up without realising the "friend" was out? So they left without saying goodbye to their friend? 🤔 Nope.

Catcherintherice · 26/12/2024 23:55

NunyaBeeswax · 26/12/2024 23:52

I hope the cops arrest them for trying to break and enter. They can't prove they live there after all.

I'd suggest turning phone off and going to bed, but... It's your property so any damage etc will need sorting.

I don't envy you.

Thank you.
I will tell the police the truth that this man has no right to be there.
If he does manage to break in and the property is left insecure that gives me a major problem as it will be classed as a grade 1 hazard which I have to remedy irrespective of blame. I am too worried to switch off my phone.

OP posts:
Semiramide · 26/12/2024 23:53

Call 999 and tell them you've had a report of people trying to break into your property.

NunyaBeeswax · 26/12/2024 23:52

Catcherintherice · 26/12/2024 23:49

I’ve just had a phone call from the other neighbour to tell me there are 2 men trying to open the door. She has called the police.
I can’t get hold of the tenant to get him to tell him to get them to stop.
I have called 101 and given them my details but they didn’t seem aware of the neighbour’s report.
I am guessing I’m going to have a late night!

I hope the cops arrest them for trying to break and enter. They can't prove they live there after all.

I'd suggest turning phone off and going to bed, but... It's your property so any damage etc will need sorting.

I don't envy you.

Catcherintherice · 26/12/2024 23:49

I’ve just had a phone call from the other neighbour to tell me there are 2 men trying to open the door. She has called the police.
I can’t get hold of the tenant to get him to tell him to get them to stop.
I have called 101 and given them my details but they didn’t seem aware of the neighbour’s report.
I am guessing I’m going to have a late night!

OP posts:
pikkumyy77 · 26/12/2024 23:47

If this were the US I would feel confident that what has happened is that your tenant has illegally sublet the apartment (for a fee) and has left the country without relinquishing the key. He has simply chosen this method of getting an authorized key into the hands of his “tenant” while maintaining the appearance of being the main tenant in your eyes. Not even clear he isn’t airbnb’ing the place.

sloecat · 26/12/2024 23:43

NunyaBeeswax · 26/12/2024 23:33

I'm curious.

And I'm not sure how to phrase it.

Who told you the tenant went away today?
When did you see the tenant last?
Is there a possibility that actually the tenant that has the contract lives somewhere else whilst collecting rent from this 'friend'
And basically, this friend could very easily become a squatter that you'd have to spend thousands to get out of your property?
(Does that make a kick of sense?)

This crossed my mind too.

Just seen your update. OP

Catcherintherice · 26/12/2024 23:42

NunyaBeeswax · 26/12/2024 23:33

I'm curious.

And I'm not sure how to phrase it.

Who told you the tenant went away today?
When did you see the tenant last?
Is there a possibility that actually the tenant that has the contract lives somewhere else whilst collecting rent from this 'friend'
And basically, this friend could very easily become a squatter that you'd have to spend thousands to get out of your property?
(Does that make a kick of sense?)

Your point does make sense but the tenant was there when I called to drop off some materials for the odd job man about a week ago. He is a friend and colleague of the next door neighbour who I know fairly well, so I don’t have any real reason to doubt that he’s actually there.

OP posts:
ReadingSoManyThreads · 26/12/2024 23:38

The tenant has an audacity calling you on BOXING DAY to sort out an issue that is not yours to sort out, and in relation to something in which they are breaching the terms of the AST.

I'd be having words with the tenant over this.

NunyaBeeswax · 26/12/2024 23:33

Catcherintherice · 26/12/2024 23:26

I always give tenants 2 sets of keys. I suspect the friend has the spare, although I don’t know why he didn’t take it out with him. I assume he knew the tenant was going away.

I'm curious.

And I'm not sure how to phrase it.

Who told you the tenant went away today?
When did you see the tenant last?
Is there a possibility that actually the tenant that has the contract lives somewhere else whilst collecting rent from this 'friend'
And basically, this friend could very easily become a squatter that you'd have to spend thousands to get out of your property?
(Does that make a kick of sense?)

DinosaurMunch · 26/12/2024 23:27

I locked myself out as a tenant. The landlord didn't have a set of keys (or at least the agent didn't - landlord lives abroad). It was my problem to solve. Definitely wouldn't have expected the landlord to pay for a locksmith or drive over with keys although if they'd have offered a key I would have been grateful. As this person isn't even meant to be there they have been quite trusting or quite entitled even to contact you really.

Catcherintherice · 26/12/2024 23:26

Nerdlings · 26/12/2024 23:21

He locked up thinking the friend was in the house but knowing his friend has no keys? How was he expecting the friend to get out of the house?

I always give tenants 2 sets of keys. I suspect the friend has the spare, although I don’t know why he didn’t take it out with him. I assume he knew the tenant was going away.

OP posts:
Nerdlings · 26/12/2024 23:21

He locked up thinking the friend was in the house but knowing his friend has no keys? How was he expecting the friend to get out of the house?

PokerFriedDips · 26/12/2024 23:20

This isn't your cockup and you are not the person to solve it.
If someone's Christmas week is getting ruined by this it shouldn't be yours.
You definitely should not drive.
You could theoretically hand over a key to an appropriate person whp travelled to where you are but you'll need proof in writing that the request is definitely coming from the tenant (are you 100% certain of this) and that the person who comes (if not the tenant) is legitimately acting on behalf of the tenant. If you don't have proof of this it could come back to bite you.

If allowing an additional occupant is contrary to the contract then you can consider using a Section 8 notice to evict, or it would be reasonable to increase the rent in exchange for changing the terms to allow an additional occupant.

12purplepencils · 26/12/2024 23:20

I think you’ve done right.
Even if it was the tenant and you were minded to go there, you’ve had a drink, you can’t drive, full stop.

Catcherintherice · 26/12/2024 23:19

Hesonlyakidharry · 26/12/2024 23:14

Have they told you the locksmith cost because they expect you to pay it?

Even if this was your tenant, it wouldn’t be your responsibility to pay for the locksmith.
This isn’t your problem at all. He comes and gets the key from you or pays for the locksmith himself.

But, after this has been sorted, I’d be looking into the fact that someone else has moved else in without permission.

They haven’t suggested that I pay for the locksmith. I think the cost was mentioned because they hoped I would help them sort things out.
I wouldn’t visit to unlock on Boxing Day evening for an actual tenant, and certainly not under these circumstances, so it hasn’t worked for them.

OP posts:
LimeQuoter · 26/12/2024 23:19

If you don't hear about when someone is calling over to collect the key, I'd put a time limit on it also, so they're not calling over too late!

LimeQuoter · 26/12/2024 23:17

You are doing more than enough as it is in my opinion. His friends name isn't on the lease and isn't an official tenant and you are over 30 miles away and its still Christmas time. A locksmith was also contacted quoting 400 which is a bit odd because he wasnt officially a tenant there. Ideally the tenant should return and be there to let him in my opinion and also explain in time how long he is living there. If the original tenant is a longer term tenant and someone you feel you can trust, then allowing them to send someone to pick up a key is a good option. If it's a shorter term tenant, I wouldn't be too concerned about helping out and your offer is plenty. You don't fully know the reasons for it and why the friend is staying there. I wouldn't go to drop over the key yourself, my opinion. They can figure it out for themselves, especially if they're not too old

Catcherintherice · 26/12/2024 23:15

Wow, thank you for so many quick replies.

The actual tenant phoned me and I’m sure it’s him. I have now checked the Tenancy Agreement and sub letting is not allowed and there is a clause that I need to agree to anyone staying there for more than 14 consecutive days.

The tenant left earlier this evening and is on his was to see family abroad. He locked up not realising his friend wasn’t home.

I have had another call. They can’t get anyone to collect the key from me and I have now withdrawn that offer and told the tenant that it is his responsibility to deal with, and that if he decides to allow his friend access it is at his risk. I assume that he has the means to pay for the locksmith. If not I don’t think I should get involved.

I will contact the tenant and make arrangements to go and see him when he is back in the UK to sort this out.

OP posts:
Hesonlyakidharry · 26/12/2024 23:14

Have they told you the locksmith cost because they expect you to pay it?

Even if this was your tenant, it wouldn’t be your responsibility to pay for the locksmith.
This isn’t your problem at all. He comes and gets the key from you or pays for the locksmith himself.

But, after this has been sorted, I’d be looking into the fact that someone else has moved else in without permission.