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 agree @LIZS it could be a further ruse to let this pet sitter or whatever he is gain access without costing them anything, but he can't because he's not the tenant and could be anybody. Yes he might be living there and they might be his pets rather than the tenants or they might not exist.

I agree it's a nuisance but I'd go around to find out if there are pets and then call or message the tenant insisting he return to sort this out or you'll call the RSPCA and have them removed for their own welfare.

Did the tenant explain why two men were trying to break in last night?

I'd ask an animal welfare charity to attend with you and take the pets away. Tell the tenant you intend to end his lease for breaching the terms. Thank the neighbour for keeping you updated.

The first part is obvious. They were trying to gain access because OP reasonably wouldn't go!

So you'd just give this guys pets away? Why? No other reason than to be difficult or teach him a lesson.

It's not about being difficult or teaching the tenant a lesson. The OP cannot leave an unauthorised random into the property and it's not for her to look after them. The pets, again if they do actually exist but for their sake have to work on the assumption that there are they have to be cared for. It's up to the tenant to return or they're removed for their own welfare.

Reptiles may not need feeding daily, but may do. They will need water changing, humidity checking etc.
Rodents shouldn't be food for reptiles as you have to feed dead mamals not live ones. (Can feed live insects though).

It is to me. She's choosing not to authorise this person. It's not ideal and shouldn't have happened but perhaps if there was an agency in charge this wouldn't have happened. Letting an animal charity in really is just causing the tenant the most hassle possible for no reason.

That's to @allaloneandlost

I’m so sorry you’re having this stress op. We rented for years and were never any trouble. Our landlords were always sorry to see us go when we moved out the area (work related reasons) each time. There are many decent tenants out there and it gives people a bad name when you get chancers like this.

I would ask their locations then go and move the pets to by the front door, then let the "cousin" remove the pets to wherever they're staying.

@Catcherintherice are you a member of a professional landlords organisation ? If so I would contact them today and ask for legal advice .

@ExceededUsefulEconomicLife Because the OP doesn't know him and the tenant's away. Would you let a random into your rental property? I wouldn't, not to be awkward but it could cause further issues like a breach of tenancy, invalidate insurance or if anything goes wrong it'll be OP's fault because she let him in willingly. It could have happened even if an agency was involved and that's not the point. It's not about hassle, it's about the welfare of pets, or potentially pets being there who are innocent in all this and their welfare is the priority now. It's the tenant's mess to deal with. The OP can sort the issues out with the tenant when he returns.

100% would agree with you BUT the OP has spoken with the tenant twice now who has confirmed this person is with them. I'd do a video call with the tenant before allowing access to fully confirm but in this case, with all the information provided, I'd allow it.

I also like PPs idea of handing the pets over and saying deal with it and locking the door behind them.

Thanks for all of the suggestions. I really don’t think the RSPCA would get involved as there is someone willing to look after the pets, he just can’t access them.
I also think it’s not fair on the tenant to lose them when he acted responsibly in setting up their care.
I am out for the day and nowhere near the flat.

I really don’t want to make a 1+ hour journey each way in the dark when I get home this evening, especially as I don’t know if the cousin will be hanging around. ( although it seems unlikely ).
I would have to travel alone as it would disrupt everyone else’s evening for someone to come with me.

I do need to sort out something for the animals soon though. I might be able to bring the rodents home with me.

The tenant has tried another call but keeps breaking up. He has sent a text to arrange a call for 5.00pm when he will be somewhere with a reliable signal.

As much as it a pain, I would make the effort to go to the property and see what is going on and try to avoid the locks being changed. If the 'cousin' is around, I would ask for his ID and take a copy. Not sure i would let him stay.

The tenant is going to have to come back and deal with this. The lack of a key is down to him. The care of his pets is also down to him. If things have gone wrong, as they have, then it's his responsibility to inconvenience himself to put that right, not expect everyone else to do so instead.

Don't go alone, it could be fine but it's not worth the risk. Your safety is paramount.

The rest of this will sound harsh but here goes.

You may not want to go but this is exactly why you should look into an agency. If you don't have one, this is the type of inconvenient thing you have to do. When I did rent our fuse for the house blew as the landlord had a dodgy tradesman fit a dodgy shower. I had a few days old baby and was struggling to BF. I called in a panic asking if he could send someone. He said he was out for the day so couldn't. I said no problem, I'll call for you and get quotes etc. he said only if I agreed to pay as they weren't authorised workmen. Luckily western power sorted it and I'm not saying you're like that but being busy is not a luxury you should be afforded as a landlord that hasn't sorted an alternative.

Also, obviously, don't go until you know the cousin is available.

I'm not saying it isn't the tenants responsibility but it is your house that you need to ensure is safe.

What a mess and none of it is of your making, OP, it's all down to your tenant.

On the cousin thing, you say your tenant isn't from the UK. Is he from a part of the world where words such as cousin brother, uncle etc get used very loosely and not in the literal way we in the UK tend to use them? If so, I doubt any deceit was intended.

@ExceededUsefulEconomicLife I agree with handing the pets over as a good idea and an agency is needed if the owner is busy to ensure the property is okay.

@PullTheBricksDown Absolutely it's the tenant's responsibility and he needs to return.

@Catcherintherice can you phone the neighbour who contacted you to ask her if she had seen the man in question previously and how often she had seen him???

I am so invested in this and I don't even know why!

Reptiles can be a fire hazard. A flat near me got burnt out because people went on holiday and left their lizards hot lamps on for a week. They can be fine without food for ages but the fire hazard would worry me

I am pleased to say that whilst it’s not ideal the matter has been sorted out for the time being.

The tenant contacted me as planned ( It was 5.00pm his time). He has given me his ‘cousin’s’ name. Unfortunately I can’t get any ID to verify right to reside, but I’ve never been subject to checking so far, and I haven’t actually agreed to him staying there, so hopefully all will be ok.

I have arranged to go and see the tenant on his return to discuss these issues and at the same time change the front door lock. The tenant will meet the cost of the replacement lock and keys. ( I can change it myself so probably less than £25).This has been confirmed by the tenant via email, which is an acceptable means of contact as per the Tenancy Agreement.

In the meantime I have sent the code to cut a replacement key to the tenant. It was only during our chat that I realised that this property has a particular security lock and keys can only be cut via a code, and not from the actual key.

Whilst it seems clear that I know that the tenant will pass the code onto his cousin, I have not directly given access to anyone other than the named tenant, and I will only issue the normal 2 keys for the replacement lock.

His cousin will have to find a key cutter who can deal with this type of key as not all of them have the capacity, but they are on the outskirts of a big city so it shouldn’t be a problem during normal hours.

I'm a landlord. It could be their boyfriend or a friend the are having to stay or subletting but as long as the rent is paid who cares
They can come and collect a key from you. That's the deal take it leave it

What do you think a managing agent will do in this situation?
My guess is that they would do exactly nothing. They would advise the tenant to get a locksmith out- they may at most recommend one to the tenant.
It's not much of an emergency in an agents eyes as it's fully within the power of the tenant to sort this problem out by getting and paying for a locksmith. The tenant should ask his 'cousin' to attend while the locksmith is there, and give permission for cousin to have the key.
It isn't the landlord's responsibility to solve, or get involved in at this stage.
Op should talk to tenant asap upon his return and look for evidence that 'cousin' is still living there. Hard to prove though, unless they're on friendly terms with the neighbours, though two toothbrushes and two toothpastes are a good starting point, and sight of any post if possible, as well as asking 'cousin' for proof of his address if he's living elsewhere.
Consider upping the rent and serving a s21 while you still can. Bear in mind if you accept rent from 'cousin' you have instantly created a tenancy for them