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!

If you and your girlfriend were both on the rental agreement, why did the landlord not issue two sets of keys? I think the EA was correct, if they had single locked it and someone had broken in, you would be blaming them. I live in an area which experienced a spate of burglaries where thieves smashed / forced front doors to steal cars to order.

I'm afraid I agree with the consensus here that you should have had both keys on you.

The EA shouldn't be showing up unannounced though.

We had a similar issue in our last rented property. It was being sold so potential buyers were being shown around. We suspected viewings were happening without us being told because doors etc being different to how we left them but the LL denied this. Then one day while I was off work ill and in bed I heard the front door open and strangers enter the house. The EA didn't even knock or ring because they assumed I was out.

I confronted them wearing a t-shirt and my knickers (I was sweating my butt off with a fever) and the EA asked if they could finish the viewing while the potential buyers looked very uncomfortable 🤦🏻‍♀️

We contacted the LL and EA citing our right to quiet enjoyment and that we wouldn't refuse viewings with notice. Which seemed like a simple ask.

DH set up a motion sensor camera on the doors and literally two days later we caught the EA entering our house unannounced again. He picked up our back door keys from the side in the kitchen (only had one set of those so they stayed there) and used them to unlock the door between the kitchen and conservatory, then pocketed them on his way out forgetting they were our copy leaving us with no access to our conservatory, garden or garage.

We changed the locks after this, and informed the LL and EA that all future viewings would have to be while we were in so we could let them in.

I don't miss renting.

Several things here.
You should always read legal documents before signing
You were locked out for reasons that were down to your mistake
What ombudsman is that?
They can't access the property without permission even if they do give 24 hours notice unless its an emergency
The Agent has to leave the property secure
Not sure why its women in particular who need to know about any of this

Gosh. As a mere woman I had no idea I needed keys to access my property. My silly little lady brain could not compute something so complex.

< wanders off thinking about pretty nail polish and fairies >

If that was the case, the OP should have asked for or ordered spares.

Own it as your mistake and move on. There is no ombudsman case here.

Treat it as a learning experience for when you get your new house. There will be lots of things you, and only you, will be responsible for.

Next time, read the contract, take your key and get insurance!

If the estate agents are inconsistent in locking the door, or not, then that's more the reason to take a key with you.

You don't have to allow viewings at all. Property is yours for the duration of tenancy.
I live in Woking too. Which agent out of interest? I will be renting my house soon and will avoid them. Thanks

Technically as the last responsible persons locking up they should use (as should you) all available locks as otherwise this will invalidate any insurance.

An expensive lesson learned hopefully.

Hi OP

I am a landlord and somewhere within the 11 page Tenancy Agreement I use there is a clause to say that all locks should be secured when leaving the property unoccupied. That same Tenancy Agreement also assures my tenants of ‘quiet enjoyment’ of the property.
You were under no obligation to let anyone into your home for viewings, especially when you were not present. What guarantees did they give you regarding the safety of your property and personal possessions?
At very least you need to tell the landlord that neither she nor her agents are to access the property whilst your tenancy is still in force.
I would still press for at least a part of the locksmith costs as the chain of events leading to you being locked out was caused by them making entry without legal grounds ( unless you expressly gave consent for each visit).
Withdrawing goodwill for allowing access for viewings will likely mean they have a longer void period, but I have no sympathy for arrogant landlords who ride roughshod over Tenants rights and give us all a bad name.

How is this not "user error" on your part?
Why are entitled to your £295 back?

Your fault completely as you should have stated no viewings until you had moved out of the property as is your right to live there in quiet enjoyment.

I think the onus was on you to have all your keys regardless of what they did the first time (i.e. not double lock).

You have the right to refuse viewings and I would have done so especially as you're buying a place and not moving to another rental - you didn't need a reference from the EA so no need to be so agreeable. You have the right to refuse viewings completely. Laws override whatever the EA puts in the contract about this.

If the locksmith left the old lock perhaps you could put that back in and take the new one with you or ask the EA to ask the landlady if she wants to pay half for it for you to leave it. Don't do anything to risk getting your deposit back.

It’s unfortunate but you should have had your key.

As an aside, I would always use the mortice lock, they are much more secure against burglars which I know from bitter experience.

Hi Andrew,
How annoying that is that you were locked out of your flat, that must have left you sweating. I can understand why you were upset, maybe you could have gone to the Pizza Express and called your girlfriend to come with the keys?

Sorry, I'm with the majority here. You should have taken your key with you. If something was stolen while the door wasn't properly locked, your insurance would be invalid.

He doesn't need to put them in a man bag because MEN have the luxury of POCKETS on their clothing so there's even less of an excuse 😠

Although his OP must be a wind up. Why on earth did they have one key between three people over three years? And who doesn't lock their door properly AND doesn't have insurance? If this is true I don't think they are adult enough to buy their own property 🤔

I would contact the owner (you have been a good tenant for 3 years) and see if they will refund you the amount. You have given them notice but I doubt you have to allow viewings of the property while you are still paying rent for it.

This is why I'll never live in a property during viewings ever again. We always move out 2 months before and suck up the rent because I will not be living somewhere for viewings. I had one with no notice at 8am on a Saturday morning when I was naked in my bed asleep without my contacts in (i'm -5.25 so I really am helpless and didn't have glasses around as always wore contacts. Have now had lasik) and I'm still slightly traumatized by the experience. They're lucky no one got hurt! I thought they were burglars! Then another agent came, again with no notice, and landlord tried to find us in breach of contract because there was dirty underwear on the floor and flat was untidy. Both my husband and I were working 100 hour a week jobs and was our flat slightly disgusting at times. Yes. But I always made sure it was immaculate for viewings when they actually told us about them which was supposed to be 24 hours in contract.

You could have refused viewings, there is no need to move out 2 months before OR you can offer viewings at specific times.
Wouldn't help them just turning up but Tenants can refuse viewings at any time even with 24 hours notice. Even if it says that in the contract the legal right to quiet enjoyment of your home is still protected by law

From having been burgled, the police said you can use what ever “secure” lock there is. If a burgler wants in he will not let a lock stop him

But some locks slow people down more than others, which gives you a better chance of catching them.

Plus a good lock is a deterrent, which might result in them going for an easier option. Otherwise why bother to lock the door at all?