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!

Similar thing happened to me, landlord had a tradesmen in and I came home 10pm and landlord wasn’t answering his phone. I stayed with a friend and they opened it the next day. They were apologetic, however they were surprised I neither used nor carried the 2nd key. We do same in my current home even shock, horror when away on holiday! It hadn’t occurred to me this was a massive risk. So sympathies on that respect but as most posters are saying it seems we’re in the wrong here. On the viewing issues I’d speak with the landlord and agent about this and be firm about the issues and that you’ll refuse access if they continue to turn up unannounced

You can’t get a refund because you should have had a key with you, why wouldn’t you take one to allow you access to get back in?

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.

They apologised for the glitch however at the time if you’re not prepared for a viewing you say I’m sorry I can’t do right now come back in 24hours (or whenever suits), if they use a key to get in you can still stop them and turn them away

Aliens could land and start planning a conspiracy with them to take over the world and you can drip feed for weeks doesn't change the fact you didn't have your key

But you don't want to hear that so what do you want from us

I rented a property and there were four adults - me, two DDs and one DD's boyfriend. The agent made sure every adult had a set of keys. Your agent should have given you at least two sets and I'm surprised you didn't push them for the extra set.

You are foolish to not have insurance though. You should have taken this out as soon as you moved in. Not just to protect your belongings but also against any accidental damage to the property. I hope you're planning to get some organised for the place you've purchased. If not, maybe give adulting a rest for a while.

“I want”
post summed up in 2 words

You need to start properly securing the door, burglaries happen.
You need to carry your own keys.
Hotels don't need to cost £295, but then nor do most locksmiths who would be more like £150. Why didn't you stay with a friend?

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

So on the one hand you’re complaining that the EA didn’t secure the property, and on the other, you’re complaining that they did? You can’t have it both ways - and locking the door properly the second time was the right thing to do. I can’t believe you’ve taken it to the Ombudsman when you are so clearly at fault here.

The visiting the flat without sufficient notice is an entirely different matter, over which the EA was being very unreasonable.

Yep, sorry YABU.
Even more so you have put yourself on dodgy territory getting the lock changed without the landlords permission, it isn't your flat.

The ombudsman will never award in your favour in that circumstance I'm afraid.

The logical answer would have been to stay at a cheap hotel or retrieve the key from your girlfriend.

I’ve had almost the exact same thing happen. As frustrating as it was, I accept I was to blame and I should have had the key (even though I never use it). You have no recourse here and need to let it go.

Certainly not a tenancy condition I’ve ever heard of? Besides if you did it before leaving you’d be locking yourself in.

Of course the estate agent should double lock the door! They're not responsible for you not having a key.
Letting themselves in is another matter!

Andrew, just take the bloody keys with you next time!

An agent should always secure a property after they leave it - it’s not their fault that you didn’t have a key So have you for the last three years just been using one key between you? They should’ve given you two sets or you should’ve got an additional set cut at the start of tenancy.

However the agent turning up unannounced and letting themselves in is outrageous. I would definitely make a complaint to them and also advise your landlord of this.

Our cleaners did this once randomly, because the agency sent someone different from normal. I had the extra key on my key ring but because nobody ever uses it, I stood at the front door like a lemon for a good ten minutes trying to work out what on earth was going wrong and why the lock wasn’t working.

Why didn’t you copy the key years ago? It would have cost you a tenner at most versus what you paid for the locksmith.

I’m sorry. I know it’s annoying but this is on you. The EA did nothing wrong.

Keys or no keys you are entitled to quiet enjoyment of the home you are paying to live in. Regardless of the contract the landlord has no legal right to enter your home unless I think for emergency repairs.

Tell the landlord and agent in wtiting that they do not have permission to visit your home. They can do the viewings when you have left.

If you might need a reference then maybe allow the viewings if prearranged but warn them (and mean it) that the flat is occupied and they will be denied access if permission has not been sought.

The agent sound like a nightmare.

The blowing kiss emoji? Strange vibes from your posts OP.

Keys are your responsibility. Why haven’t you made copies in 3 years? You can refuse further viewings, totally within your rights.

If you had the key you should have had it with you even if there was only one key. If you were not given a key that's different. The fact that they double locked thd door the first time should have alerted you yo the fact they might well do it again. Its annoying but I don't think you have much chance of recovering the money.

• Take your keys when you go out

• Fit a chain so you can’t be surprised in the shower

• Read your tenancy agreement properly

No further action needed.

The weirdest thing about this is that three people have apparently lived for three years in a flat with a front door to which there is only one key!

OP, surely you grasp that the estate agent isn’t psychic, and isn’t to know that, if the front door has two locks, that he should only lock one of them because you forgot your key?

I think you can refuse entry for viewings they can do them once you have moved out. If you have a chain on the door I would use that if your indoors and they keep turning up. It’s annoying but I think they would be in more trouble for not securing the flat. I would complain about the unannounced visits though.

Thats mad.why didnt you have your keys? This is entirely 100% your error.

The suggestion of having to sleep rough is a bit dramatic ! Most people have family / friends in that type of situation.

A lesson learned that one should always have all the keys on one when leaving home.

You said in a later post your girlfriend had the key, surely you could've gone to get it? It would've cost you less than £295.
Also you're not insured!! You need to reflect on some of your decision making/problem solving