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.

This! Do check if your tenant has sublet while he is on holiday.

Interesting that there were two men trying to get into the house but the tennant’s friend was unable to find a solution to get to you for the key. No one he could stay with for a night, no one who could drive him, no one with the money for an Uber.

I think that you urgently need to see inside the house- it’s quite possible that he’s subletting to more than one person.

If they get a locksmith make sure they give you a key. The police are unlikely to be interested, subletting is a civil matter.

We had a similar situation with the next door neighbour.
A lovely family rented. Her brother was over from abroad staying. (I don't imagine sublet as he didn't work and had some MH issues.)
He locked himself out when he went in the garden for a cigarette. it was cold and snowing and 11o clock at night.
He knocked on ours.
He was very drunk.
Family had gone away.
I had land ladies number I think - this was a long time ago so I might be misremembering the facts....
She ended up driving up from 15 miles away to let him in.
She was lovely.
The family were lovely and great tenants.
He was a troubled young man the sister was helping out.
I think this was the first time I met the landlady face to face.

Whilst I get not wanting to drive 30 miles on boxing day.

Sometimes a good deed is just that.

Have you read the OP's OP?

Same

Sounds like someone should be paying more council tax.

This is your tenant 's issue. Even if your tenant had locked themselves out, I don't think it's your responsibility to pay for a locksmith. You're the Landlord, not his mum.

You've done enough by offering the key. I would highlight the part of the contract where it says your tenant shouldn't be subletting too.

Absolutely. It's their mistake. So they can pick up the key. No way should you be driving.

You're not unreasonable, you can't drive after drinking and there's no other way to do it. I hope someone was available to collect the spare key from you.

I don't think there is anything wrong with your tenant having a friend stay/live with. People do that all the time, especially youngish people. As long as you get your rent, why worry?

I absolutely would not be giving a stranger who is not a tenant keys to my property. No way. If tenant wants him there, tenant needs to return from wherever and let him in and supervise him to a degree. Like you would with any guest or housesitter. I would also be looking legally at what I could do to get one or both of them out of the property after this from a liability perspective.

OP, have you decided whether to go over and let the unknown 2nd tenant in today? Assuming you'll get a call from the legit tenant asking you to.
You're completely within your rights not to - they shouldn't have been subletting - but you might get a gut feeling that the guy's OK and let him in. Your property so your decision, consider insurance requirements though as well when weighing up the risks

Cheaper to break a window than have a locksmith come out. Only cost us £96 to have a human sized double glazing panel replaced after a lock out... if they left their keys inside.

I would absolutely NOT drive 30 miles after a few drinks so I can give keys to my tenants friend/airbnb host/lover/subletter/boyfriend (I may consider it if I lived next door or down the block). This is a mess for them to sort out. If tenants 'friend' doesn't have the money to call a locksmith (or is too cheap) then your Tennant needs to call said locksmith and make payment over the phone.

This is just speculation on my part, but do you have a clause in the AST about leaving the house unoccupied? If the tenant has gone to visit family for an extended period they may have asked the friend to look after the place in their absence and the friend may be someone usually in a house share/living with parents who will appreciate time on their own.

Your only duty to the tenant is to ensure the property is secure and undamaged. Tell the tenant you are going over today but do not facilitate access to "friend".

For less than £400 the locked out man could probably get a hotel room (his tennant pal can book & pay) and wait for you to get there in the morning.

Sorry, what? How is any of this relevant ? It’s beyond a ‘good deed’ for OP to drive a 60 mile round trip after consuming alcohol, to let in an illegal sublet they now nothing about into a property they’re renting to another tenant !!.

Why should the landlord go at any point to allow someone illegally living in her property access to it?

'Someone who doesn't legally live there and doesn't have a key is locked out are they? Well that sounds fairly reasonable. That's how doors work. They can only be opened by the person who lives there or owns the house. I'm surprised you didn't realise that.'
I wouldn't be letting a random into my flat on the say so of my tenant. He's breached his tenancy surely?

As a landlord, this would make me want to give notice. Your tenant has broken the terms of the tenancy and cause you stress, no way would I allow him to continue the tenancy.

This was my first thought. He knew it wasn't allowed. Too much aggro.

Well either way, it’s still the Xmas period and holiday season. It looks like the OP will now have to travel to his property to sort things out. Presumably a big inconvenience and will now have to change their plans.
I guess this is the downside to being a landlord..

Can you visit the property to see what is happening (I would take a second person with you). This all sounds very shady, as you say your tenancy agreement is with the tenant and there is clearly someone else gaining access to the property when he is away.

He needs to find somewhere else to stay.
If subletting isn't allowed your insurance could well be invalidated