Tenant’s ’friend’ locked out

[Catcherintherice]

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.

I locked myself out as a tenant. The landlord didn't have a set of keys (or at least the agent didn't - landlord lives abroad). It was my problem to solve. Definitely wouldn't have expected the landlord to pay for a locksmith or drive over with keys although if they'd have offered a key I would have been grateful. As this person isn't even meant to be there they have been quite trusting or quite entitled even to contact you really.

I'm curious.

And I'm not sure how to phrase it.

Who told you the tenant went away today?
When did you see the tenant last?
Is there a possibility that actually the tenant that has the contract lives somewhere else whilst collecting rent from this 'friend'
And basically, this friend could very easily become a squatter that you'd have to spend thousands to get out of your property?
(Does that make a kick of sense?)

The tenant has an audacity calling you on BOXING DAY to sort out an issue that is not yours to sort out, and in relation to something in which they are breaching the terms of the AST.

I'd be having words with the tenant over this.

Your point does make sense but the tenant was there when I called to drop off some materials for the odd job man about a week ago. He is a friend and colleague of the next door neighbour who I know fairly well, so I don’t have any real reason to doubt that he’s actually there.

This crossed my mind too.

Just seen your update. OP

If this were the US I would feel confident that what has happened is that your tenant has illegally sublet the apartment (for a fee) and has left the country without relinquishing the key. He has simply chosen this method of getting an authorized key into the hands of his “tenant” while maintaining the appearance of being the main tenant in your eyes. Not even clear he isn’t airbnb’ing the place.

I’ve just had a phone call from the other neighbour to tell me there are 2 men trying to open the door. She has called the police.
I can’t get hold of the tenant to get him to tell him to get them to stop.
I have called 101 and given them my details but they didn’t seem aware of the neighbour’s report.
I am guessing I’m going to have a late night!

I hope the cops arrest them for trying to break and enter. They can't prove they live there after all.

I'd suggest turning phone off and going to bed, but... It's your property so any damage etc will need sorting.

I don't envy you.

Call 999 and tell them you've had a report of people trying to break into your property.

Thank you.
I will tell the police the truth that this man has no right to be there.
If he does manage to break in and the property is left insecure that gives me a major problem as it will be classed as a grade 1 hazard which I have to remedy irrespective of blame. I am too worried to switch off my phone.

It sounds like you should enforce the tenancy agreement now. If you agree to let the "friend" enter the property it could become even more difficult. You may already have cause to end the tenancy agreement.

As an aside, do you believe the story about locking up without realising the "friend" was out? So they left without saying goodbye to their friend? 🤔 Nope.

What a nightmare but apart from anything else, this is not your problem. It’s between the tenant and his friend.

They need to pay whether a 'real' tenant or not why on earth would a landlord pay for something not actually wrong with the place?

Oh what an awful thing to be dealing with, i hope this ends in a way that doesn't cost you.

I’d be pissed off in your situation, getting a phone call of this nature on Boxing Day at blood 10pm..
A locksmith call out would be a pain in the arse and means you having to get a key re issued to you , whenever they get round to
doing it. It also means you won’t have access to your property until then. So if anything a courier at their expense would be maybe cheaper and a better option.
The tenant is responsible here , I’d urge them to collect the keys from you and not deal with this other person.

Or that person makes alternative arrangements and sleeps somewhere else for the night. I couldn’t ring someone this late on Boxing day , I’d feel terrible doing so.

The extra guy living there can still refuse to leave if you ever need to end the tenancy. You’ll be evicting two people instead of one, and even if your tenant goes, the friend may or may not. It’s more risk for you.

The guy needs to go now.

It’s very frustrating. I think they’ve involved me because they probably have as much chance of flying to the moon as being able to pay £400 for an unexpected expense and are just desperate.

I think this person probably does have a key, but didn’t take it with him and it is locked inside the flat. The actual tenant seemed to want him to be able to get in.
I can’t currently contact the tenant.
The neighbour has just sent me a text to say the men have gone and it’s all quiet, so fingers crossed it will stay that way

Just read the whole thread. The tenant is abroad ? In that case I wouldn’t give this person a key or do anything ,it’s not your problem. They are not supposed to be there.
The friend must find somewhere else to sleep
tonight , that problem is between them and your tenant.
If this friend is with someone else trying get into your property, he can stay with them for the night. Or if the police come he can have a night in a cell !

Blimey worra liberty!!😡

Your tenant needs to go and sort out his mistake.

You can't drive.

You can't be spending £400 on a locksmith.

And a clear conversation about who lives there needs to happen asap.

Oh dear, I hope this gets sorted asap. As it has reached this stage, I would be consulting a solicitor with a view to issuing a section 8 and a section 21. I think with this escalation that it’s unlikely this is a friend. Probably an illegal sublet. After all, wouldn’t you let a friend know you’re leaving?

I also think you need to 100% establish that your tenant even lives there before starting the eviction process. If they don’t then you could need a court order to evict the illegal occupied. If your tenant definitely lives at the address, the second person is not a permitted occupier and although you would need to evict them if they refuse to leave, you shouldn’t need a court order to do so.

It’s unbelievable that they’d call you on Boxing Day and drag you into this mess! If they were going to sub-let, the least they could’ve done was keep it discreet—what a careless dickhead.
Any damage caused by breaking and entering should be covered by their deposit. You’re well within your rights to address this.

This.
I'm a landlord, and in the circumstances described would not do more than allow them to collect a key from me. I would also double check that it is actually the tenant making the request, and I'd ensure that there was some written evidence that they want you to give the key out.
I most certainly wouldn't be paying for a locksmith.

I would be at the property asap tomorrow.

I wouldn't provide a key to this rando either. You have no proof that the caller is actually the legal tenant. If you give out a key and it's a scam to rob the tenant, you will be responsible. I'd just say no and remind the caller that the rental contract does not allow additional tenants who are not on the contract and you will not be able to give this stranger a key under any circumstances.