Estate Agents - Locking me out - refusing a refund

[WokingRenter]

Hello,

Firstly, I think this is a wonderful group to talk on, thank you for reading this.

I'm a male, but the reason I'm posting on here is to make women alert about how a certain estate agents can lock you out of your own homes and refuse to refund you! I have a long term girlfriend and her 15 year old daughter lives with us.

We have been renting a place in Woking for 3 years through a great agency and I recently handed my notice in as we've just bought somewhere. This is when the problems started.

The Landlady decided to instruct another agency to let the flat. I was informed of a few viewings on a Saturday, we went out and left the flat on the single (latch lock) and the agent came and went without double locking the door (mortise lock) i.e leaving the flat as it was when we went out.

I was asked to have a viewing on Tuesday, which I again went out for and when I returned they had double locked the door (putting the mortise lock on). I didn't leave the flat double locked, nor did I have the key with me to unlock it and the time was 19.20. I called their offices to speak to them and they had gone home. Subsequently, I was locked out of my flat.

After realising I couldn't get entry to the flat I decided to call a locksmith who has charged me £295. It was either that or go to a hotel/sleep elsewhere rough.

I called the agent the next day to ask why they double locked the door when in the past it hadn't be done before and they said it's their responsibility to secure the premises.. I said I to get a locksmith in due to them double locking the door, but they said as a tenant I should have access to all the keys all the time and should have secured the property irrespective how they have come and gone previously.

They are refusing to refund the money and are saying because they didn't lock the door before they're sorry for.

I think this is unacceptable. Had my girlfriend and her 15 year old daughter come home to this situation they would have also needed to get a locksmith otherwise be forced to sleep on the streets or a hotel at own cost.

I'm really keen to hear the thoughts from everyone here.

Admittedly, I didn't read the tenancy agreement in full, but how am i meant to pre-empt what the estate agent is going to do? We've lived there for 3 years and no issues with security. Had the agents double locked the door before and been consistent with their liability to always secure the premises this problem would have been identified earlier.

Aside from this point they have also showed up 3 times without 24 hours notice, which they've apologised for, they're blaming an IT glitch and junior's not having experience in booking appointments. Should I be seeking compensation on this issue?

I'm really not one to complain, but does anyone else feel this is unreasonable to refund me the money?

Thanks

for reading!

Um... no.

You should have had the key with you! This is in no way the estate agents fault and if you try and claim anything you'll be laughed out of the room. Take this as a learning experience and next time take your keys with you when you go out (and lock your door!)

Eh what?

You should have brought your keys?!

No one's fault but yours. Sounds like you're trying one on to get some compensation but you'll be laughed at with your reasoning.

Hmm, it's unfortunate. I never use my mortise lock, so would also be annoyed in your position. However I don't think it's their fault. Ideally they'd have checked with you first though.

It's your fault you were locked out. The EA can't leave a property unsecured. It'd leave them liable if anything criminal occurred.

Hey LittleRedRidingHoody,

Thanks for your comment,

I'm not sure being laughed out of a room is quite a response as my comment opens up a suggestion of what are a tenants rights vs obligations.

Maybe you didn't read the full message, but the agent is inconsistent in locking the door too.

Thanks,

Andrew

I think the locksmith is on you. Why would you not have your keys on you? The less than 24 hours though is wrong. If it’s in your contract, which it should be, you can refuse whatever they need access for.

Hey ZestFest,

Thanks for the comment,

The EA has left the property before unsecured thats the point of the complaint here.

Thanks

Thanks WhingeInTheWillows

We were only given one key and my Girlfriend had it with her,

The agent just turned up 3 times unannounced. I turned them away once. the other time they just used their keys and came in, My Girlfriend was in the shower at the time.

Thanks

You should have a key on you
This is your fault

If someone stole things out of your flat because the agents hadnt locked it properly then they would be at fault.
Just because the EA left it unsecured before is irrelevant in terms of their obligation to secure it and yours to carry a key.

You do know OP you can get another key cut from the one you were given.

Have you seriously been living in your property for three years sharing one key…..is this a wind up!

Firstly you should have had a second (or third) key cut when you moved in. How have you been managing until now? Leaving it unlocked (ie not isn't the mortice?? That's very unsafe, Yale locks are very easy to break into.

Secondly, you should obviously have taken both keys. There is no way I'd go out without my keys, knowing someone else would be going into and out of my property with keys I didn't have on me and therefore there was the potential of being locked out. I wouldn't rely on an "agreement" in this case. That's bound to go wrong.

You have definitely dropped a ball here. Get some bloody keys cut!!

Ps
If they turn up without notice (and in accordance with your contract ) it’s up to you to
either
let them in anyway
or
refuse entry

If you've let them in already without notice you can’t then later try to claim money, it’s on you to refuse

Hi StandingSideBySide,

Why would it be the agents fault if something got stolen because they closed the door and left it on a single lock?

I've admitted to having it on a single lock?

It’s probably in the contract that they’re not allowed to do this. Two sets of keys is standard. I’d be annoyed. But I think you can’t do anything about this now op.

As for future viewings. If the agent hasn’t yet found tenants, in your circumstances I think I’d refuse any more viewings citing quiet enjoyment. They’re not doing their job on a number of fronts and are entering the property without permission. This is actually a criminal offence.

You won’t be insured if the property is broken in to and you could choose to blame them irregardless of whether or not you habitually leave the property unsecured.

Hello StandingSideBySide

how can you refuse entry when they just walk in with their keys?

Thanks
Andrew

Letting themselves in without notice is wrong and I would be looking at making a complaint about that. It’s funny how there’s an “IT glitch” or “inexperienced junior” when these things happen.

I still think the key is down to you, you had years to get another.

Sorry, I'm not insured. I think I should also mention this property requires a security lock (key) to get through the communal front door. - Apologies to anyone if this wasn;t clear - I'm one flat out of 12,

It’s the agents responsibility to secure the property.!! Properly !!
Your version of what is secure is not actually very secure.

If you don’t want them to secure the property ever when they visit then write them an official letter. Tell them they will not be responsible should the property be brocken into, should anything be damaged and / or stolen and that you give them full permission at any time and on any day to leave the property unsecured.

Tell them you will take full responsibility for whatever happens.

Try that and you know what will happen
They will write back to you and say they cannot conform to your requirements as they have a duty to fully secure the property.

You quite literally tell them to leave as they are trespassing.

You should be carrying your keys. Getting copies made is standard procedure. Why you have been sharing one is unclear.

if they have entered the property without permission, I would put a stop to viewings. That is a huge violation of privacy.

Thanks Mummyoflittledragon,

The property has now been rented and it's going to ombudsmann about the lock. I think it's unacceptable, but i'm amazed by this website and the responses. - it's great to see so many opinions! We always believe we're right as humans and our beliefs!!

I didn't make an issue of them showing the flat as that is not my right to deny them viewings, in fact I always made sure the flat was clean and tidy when I was given adequate notice.

I just want my 295 back from the new agents for double llocking the door because they're inconsistent in locking it.

Thanks

It would also invalidate your landlord’s insurance - they will have it for things like replacing locks etc. after break ins.Sadly I know from experience that you should always use mortice lock even if you live in a block of flats.

Hello StandingSideBySide,

I love that!! I should have invited you to stand our ground!! :)
🙂

Definately, I’ll bring my broom
Im often passing through Woking 👍