Rights of a tenant to get extra keys cut? Plus other advice

[abc123def]

Asking a couple of questions on behalf of a friend.

 

She is disabled and rents a privately owned studio flat in a block owned by a private landlord. She has been on the waiting list with maximum points due to her disability for social housing for years but nothing suitable for her disabilities has come up and there are no other private rental properties suitable under the LHA where she lives.

 

Currently she has two main problems. One is a current tenant in the block leaves her pushchair up in the downstairs hallway and refuses to fold it down. My friend is unable to get by it due to her disabilities and is unable to move it, this means she is trapped in her flat and can't get to the main door to the building to let people in when they call for her (her carer or friend for example) When asked to fold up the buggy the owner just says that having a child is a disability and refuses to do so. The property owner has written several letters to the buggy owner asking her to fold it up to no avail and the property owner says that is all he can do. On occasion this has left my friend unable to get out to collect medication and buy food.

 

Secondly, when unwell or blocked in by pushchair she cannot get out of her flat to the main door of the building to let people in who are coming to help her. This is because the type of key to the main entrance is one that a key cutter is not allowed to copy without the owners permission. The owner says that his phone number is on the outside of the property and any carer can phone him and he would come over and let people in so has refused to give this permission for the key cutting but my friend needs regular support at all hours and it would be so much easier for there to be a second key to the main door so help could be available at all times. Does she have a right under the Equality Act to gain permission for a second key to be cut due to her disability, or does the property owner have a right to decline her request? This is the main question she has at the moment because if trapped in by the buggy, someone could pop round and move it for her so she could leave the building.

 

Thank you for your advice in advance.

[Keyzer Soze]

I'm not certain how you would enforce it, but there's a fire safety issue here. Not only is the buggy an obstruction on the escape route, but it's a combustible item stored in a communal hallway. Maybe the fire brigade could bring some pressure to bear as the landlord is not managing effectively and is pretty much condoning the storage of the buggy. Hope this helps.

[citizenB]

You might want to contact Shelter - they should be able to help you with the question regarding the Key cutting.

 

 

Contact Shelter's free housing advice helpline on 0808 800 4444 (calls are free from UK landlines and main mobile networks).

 

http://england.shelter.org.uk/get_advice/private_renting

[BankFodder]

A lot will depend on how much trouble you want to go to and also how thoroughly you are prepared to fall out with your neighbour.

 

Also, I suggest that you deal with the neighbour first and get that sorted because you may well need the assistance of the owner and so you don't want to get on the wrong side of him.

 

You have a county court action for nuisance at your disposal. Nuisance means interfering with the peaceable enjoyment of land. This peaceable enjoyment would include the right to have access to your own property or the right to be able to open the door to visitors.

 

I don't see too much problem on the basis of what you say of establishing here that there is a nuisance. If you decided to take this as a small claim then I would suggest that you would sue for a very modest amount of damages – maybe £50. Don't bother to seek a court order at this point but if then the nuisance continued I would begin the action again. If you won the £50 you could even give it back to the woman as a sign that really you are not trying to stick it to her, you are just trying to get some reasonable cooperation. You might need the cooperation of the property owner because they might have to give a statement.

 

If this course of action interest you then let us know and we can help you.

 

In terms of the access key, I don't see any problem. Of course you should have a key – or keys that you need. It may be that you would have to guarantee that they would not be lost or misused and the extent of the guarantee might amount to being prepared to pay for a new lock and new keys for everybody else in the building. This would probably a reasonable condition. If you wanted to deal with this, then I think that you might have to think about suing the landowner for a breach of contract on the basis that you have an implied right to have the keys that you need in order to enjoy the full benefit of your tenancy agreement.

 

Don't imagine that I am suggesting that you take these actions without trying to negotiate and to discuss first, but if nothing else works then these core actions would probably sort the matter out for you. However, as you can imagine it will probably damage relations for some time. The landowner is probably sensible enough to realise that if things get to this level that he ought simply just a cave in and give you the key. On the other hand the woman whose obstructing your passageway seems to be a bit more of a hard case. It seems to me as if she is standing on principle for no good reason.

[mariner51]

1. Buggy - EHO / FB SO inspection declares any obstruction of common hallway a fire / safety hazard. LL erects sign saying 'any obsructiion in hallway will be removed, and acts on Notice. Nothing to stop neighbour folding the buggy and storing it inside her property, other than bloody mindedness.

 

 

2. Extra key - presumably a special Chubb security lock for all Ts security. If OP is given special treatment pres neighbour would also demand the same. I don't think Equality Act will help OP as all Ts are treated the same, for same reason.

I assume emergency services & utilities have access arrangements.

 

 

If the buggy problem is sorted, then OPs complaint disappears. Neighbour has been warned re obstruction by LL, so eviction notice follows. No need for OP to go to Court several times IMO.

[abc123def]

Thanks, that's all really helpful. I will pass this info on.

 

Previously she did talk to the fire brigade and she handed her keys through her window to them so they could let themselves in. She is no longer mobile enough to do that. They saw buggy and spoke to the landlord and the tenant owner of the buggy and for a while the buggy was kept there folded. But now it is almost always left up and when the fire brigade called again, they rang the buggy owner tenant's doorbell to get access to the building and she folded it on the way to answering the door.

 

Mariner, I think your suggestions re notice and then removal of the obstruction is a viable one the LL should take. But wrt the extra key, sure her disabilities mean that she should be allowed the extra key where other tenants aren't?

[citizenB]

When asked to fold up the buggy the owner just says that having a child is a disability and refuses to do so.

 

 

I find this quite a bizarre statement !!

[abc123def]

Just to update this, the LL has given the buggy owner notice to quit so this will be resolved shortly. Hopefully that will solve that problem. Thank you for your advice.