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AIBU?

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Original poster

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:
Ihatelittlefriendsusan · 26/12/2024 22:53

Assuming your contract with the tenant does bit permit sub letting then the tenant needs to sort it out

You have offered a reasonable solution.

Not sure what more you can do.

You have been drinking. You don't know for certain you aren't over the limit and therefore should not drive (my personal opinion is there should be a zero tolerance approach and not a limit) so short of paying for a locksmith and then billing your tenant there isn't much you can do.

LIZS · 26/12/2024 22:54

Yanbu. You have no contract with "friend" and no way of verifying the story and the individual is who they claim. If something goes missing by you giving access there may be comeback.

MadnessIsMyMiddleName · 26/12/2024 22:54

Are you sure it's actually the named tenant who called you OP? I'm afraid if a tenant of mine did that, and the other person wasn't approved as a tenant, I would refuse to give the key to them or anyone else, and make them pay the £400 if they need access or wait for the named tenant to return.

heldinadream · 26/12/2024 22:55

YANBU at all.
This sounds like a mess entirely of their own making, and frankly they're being cheeky to involve you in it at all. Picking a key up from you is definitely as far as you need to go and you are being kind to go along with that much.
I'd probably follow that up with a talk about key security and responsibility and your expectations of your tenant, at a suitable time.

notbythehaironmychinnychin · 26/12/2024 22:55

I wouldn't give him a key. He's not your tenant.

BoxOfCats · 26/12/2024 22:56

In that case it's your tenants responsibility to go back and let his friend in!
And I would be discussing with him once he is back any implications of having someone else living there without your permission.

EmeraldRoulette · 26/12/2024 22:57

I would want some kind of proof that the person was who they claim to be and had the full knowledge of the tenant that you have on the contract

yiur tenant actually said this other person is living there and not just staying this week or something? What a cheek.

pestowithwalnuts · 26/12/2024 22:58

If you're going to allow access to this person who you know nothing about and is not on the tenancy agreement then it's the tenants problem to collect a key or pay for the locksmith.

WickedlyCharmed · 26/12/2024 23:00

Why would you give some random person who is not your tenant, who turns up at your house, a key to your rental property?

There’s no way I’d hand over a key to anyone other than the tenant themselves in these circumstances.

Hurdlin · 26/12/2024 23:00

Does your contract state you keep a set of keys? Many landlords don't.

In any case if the tenant has lost their keys, they need to find a solution - i.e. pay a locksmith.

If the person locked out is not a named tenant then a) you point that out to the actual tenant that they are in breach of their tenancy agreement, and b) as above, its their issue, they need to sort it out.

Tomorrow I would be writing to the tenant highlighting the relevant sections of their tenancy agreement regarding subletting and key agreements (any standard tenancy will cover this).

NarnianQueen · 26/12/2024 23:05

How is it your problem that they're locked out?
I wouldn't dream of calling my landlord if I'd done this, particularly with what sounds like an illegal sublet!

MyPithyPoster · 26/12/2024 23:08

Person better find a hotel

Sossijiz · 26/12/2024 23:09

This is the friend's problem, possibly the tenant's problem but certainly not your problem.

florasl · 26/12/2024 23:10

I would under no circumstances give a key to anybody that wasn’t named as a tenant or permitted occupier. You could find yourself liable for any damage or theft from permitting a stranger access.

Mummyoflittledragon · 26/12/2024 23:11

I’m a landlord. In what way is this your problem? The person has no right to even live there. I would not get involved this evening. And I would be investigating what is going on in the new year.

NunyaBeeswax · 26/12/2024 23:11

I'd say
Tough shit sonshine.
Not my tenant, not my problem.
You don't know this person from Adam, your contract is not with them.

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.

Original poster
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:
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

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!

Original poster
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:
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.

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.

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?

Original poster
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: