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!

OK, it seems I'm wrong here - Thanks for adding. I hope people take note for the future.

I think you’re really clutching at straws here. Come on, you’re a grown up. You take your keys with you when you go out. That’s on you, own it.

Is IS your right to deny them viewings though.

Tell them you will not be able to accommodate any further viewings until they reimburse you for £295 and if they try and enter with their key without permission, you will call the police.

Hey everyone,

I want to thank everyone for their comments - It appears I'm unreasonable.

Its a great site and I want to thank everyone for putting in their comments,

Thanks 😘

If I was renting a property I would ensure I'd all the relevant keys.
Should that problem have arisen with me I'd of contacted the landlord.
Failing that, I'd go stay somewhere rose if I couldn't reach any one

If I got no where. In future, I'd be present for the viewing and not leave the property.

This is ridiculous. Take your keys with you so you can unlock your own front door. I actually have no idea why you think they're the issue. You'd have something to say if they didn't lock up and you were burgled! They're securing your home ... Carry your keys, end of?

When you couldn't get in why didn't you ask your girlfriend to come over with her key? Or go and get it from her.

In almost all cases home insurance will not cover a property that is not secured on a mortice lock, so the agents would run a risk of being liable if they left a door not fully secured.

The best way forward us to take this as a lesson learned, lock your door properly in future (non secure latch locks are easy to break in) and leave a spare set of keys with someone you can trust for emergencies after you move.

Keys is your problem your should know that without coming on here. Rented many many times and the first thing we do is get a second lot of keys cut so we both have keys and everyone we moved and there was viewings beforehand we picked up all keys..Front security door etc does not make a difference, you were the unresponsible one not the agents, regardless wether they double lock it every time or not, regardless it it's the new agent or old doing it. As for the visits without pre warning all you had to do was refuse entry. Personally we never did as it didn't bother us when it happened at a couple of properties and it got us good references because we did allow them in lol.

Pity agent didn’t think of this the first time

I have rented and owned a lot of houses and flats and I can’t think of one that had a mortice lock

Never claimed I had a mortice lock

Always been insured

Why on earth would an agent not leave the property in the exact position it was in when they left. It was locked up (all be it a Yale lock) and the building had a separate door to get through (which probably used a mortice lock. Just because of this exact scenario

I think you might struggle getting your £295 back as it could be argued that a hotel would have been cheaper or you could have phoned the agent as there is probably an out of hours call line for those tenants who have an emergency out of office hours.

Understand completely why you are pissed off. I would be too.

Interested to know if on the occasions the agents came round without notice if they secured the flat with the mortice lock when they left

I doubt it, so it could be argued they only once locked it in this way and the agent in this case was just overly zealous rather than it being something that regularly occurred

Just for future , you don't have to allow viewings.
They are not allowed to let themselves in.
They know this.

I'm surprised there isn't a condition in your tenancy agreement about needing to securely lock the door before leaving.

Paragraph eleven of OP - Admittedly, I didn't read the tenancy agreement in full...
Seems OP is trying to plead ignorance, but ignorance doesn't wash.* *

That’s unreasonable - they should never turn up unannounced, but with the lock you should have had another ket cut and locked the door properly really IMO. I don’t think the EA should compensate you.

You should be using both locks and taking both keys with you.

Take note of what?
It's common sense to secure all possible locks when leaving a property.
It's also a very good idea to get insurance.

Unfortunately not much you can do, and the EA surely needs to ensure both locks are locked and the premises are secure. My dog walker sometimes double locks the door, we never do, but we all have both keys on keyring. Apart from my ex, who I gave a key to as he helps with my dog sometimes. I think she does it on autopilot, must get him a second key actually. Afraid you’re going to have to suck this up, they were doing their job and securing the property.

Your contract probably does say the property needs to be left secure and fully locked when unoccupied so the agent did the right thing.

I realise some areas have fewer burglaries than others but if there’s two locks on a door I can’t think why anyone wouldn’t use them.

oh just seen that only one key was issued. That could’ve been sorted within a couple of days of moving in. I think you need to put it down to a lesson learned and make sure you all have keys for your new home.

“I'm posting on here is to make women alert”

you are joking mate arent you? Clearly alert yourself and your kind maybe since most of the woman here voted YABU. We are very much alerted without your post

There is very little sympathy in English law for anyone who signs a contract without reading it first. Nor should there be.

Wouldnt it have been cheaper to find your girlfriend?

Hi OP

i think I’m going to be the odd one out! I agree with you. If that particular lock is never used and they didn’t use it on that first viewing then clearly it wasn’t your expectation to need it at all!

For me that is common sense but I’m not sure if the law is on your side?

it is a good point to raise for people though as I’m sure it won’t be the last time it’ll happen!

Enjoy your new place!

You realise it would have been cheaper to find a cheap hotel for the night and get the keys from the EA the next morning?

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

That isn’t a reason. They locked the locks on your door, it was your responsibility to have your keys.
I mean who doesn’t have all their keys together anyway.