Tenant getting his lock broken by someone

[axil23]

Got a T that has probably wound someone the wrong way and is now getting harassed. My involvement in this is that I have changed the locks at his flat 2 times now as someone keeps on breaking a key in there. Anyway got a phone call from the T that its happened again and this time I refused to change it for free as it costs me quite a bit. Advised him that I would call out the locksmith and he could settle the bill with him directly. The T didn't agree to this.

 

The Housing dept from the council were on the phone within a couple of hours insisting that I get it repaired so he can get back into the property again.

 

Its costs me too much to do this Out of hours as I will have to call someone out as this being a long weekend.

 

What are my rights on this? Surely I have given him a working lock and changed it twice. Now its up to the T to fix it himself?

[queensclose]

over how much time has this been happening

[axil23]

over how much time has this been happening

 

Its happened for the 3rd time since start of may now.

[queensclose]

and has been been burgled and have the police been involved.

[axil23]

and has been been burgled and have the police been involved.

 

No. Someone just breaks a key in there. I guess he must have had a argument with someone and this is there way of winding him up. No police has been involved.

[queensclose]

its your duty to pay for repairs and maintainence excluding tenant damage and neglect. that said because the police have not been involved the tenant should bear the cost of the damage. if he reports it to the police and gives you a crime number then you should pay for it.

a little more information may help

was the tenant out at the time

was anything taken etc

 

my friend had a tenant like that and it turned out he kept losing his keys.

[queensclose]

when you say breaks a key in the lock. is it the original key

[axil23]

] if he reports it to the police and gives you a crime number then you should pay for it.

a little more information may help

was the tenant out at the time

was anything taken etc

 

my friend had a tenant like that and it turned out he kept losing his keys.

 

Yeah the T was out all three times as he called me saying he could not get in. Nothing was taken as no one goes inside. Basically they put something in there to stop the key getting inside.

 

I am not to happy with the T and have got him on a notice period to evict so am not keen on spending money on him.

[axil23]

when you say breaks a key in the lock. is it the original key

 

No. Yesterday someone had put some glue in the lock.

[Dragons Dennis]

Model landlord! Your tenant is the victim of crime, so you evict them. So when your new tenant moves in, are you going to inform them of the crime in the area?

[axil23]

Model landlord! Your tenant is the victim of crime, so you evict them. So when your new tenant moves in, are you going to inform them of the crime in the area?

 

To be honest with you that has nothing to do with it. I own the flat next door and also 3 more flats just 4 houses down and they are not getting problems.

 

I am evicting him as he is now 3 months over due on his rent. Thats why I am hurting when I have to pay for the lock changes.

[axil23]

are you going to inform them of the crime in the area?

 

I always tell my clients the entire truth. So yes I will mention this to them but will also advise them that it hasn't happened to my other properties so it was probably targeted at this person.

[gavbon2011]

i agree with you here, if the damage is a result of a targetted attack based on their attitude

[gavbon2011]

where does the law take sides here? are they on your side or his?

[gavbon2011]

on yours i hope!

[axil23]

where does the law take sides here? are they on your side or his?

 

I am not sure on this, I got the feeling from the Council that the T was. But they wouldn't confirm. I guess wear and tear I would be, but damage done because of the T's attitude should be his problem?

[gavbon2011]

I am not sure on this, I got the feeling from the Council that the T was. But they wouldn't confirm. I guess wear and tear I would be, but damage done because of the T's attitude should be his problem?

 

i agree with you, if they have upset someone, and they came and kicked the door in, its a personal dispute between him and the person doing it, not you, so it shouldn't come out of your pocket!

[axil23]

i agree with you, if they have upset someone, and they came and kicked the door in, its a personal dispute between him and the person doing it, not you, so it shouldn't come out of your pocket!

 

Just wondering where I stand legally though as the council worker mentioned that I am stopping the T getting access to his property. To which my reply was that I gave him a working lock and its not wear & tear which has broken it.

[Ed999]

legally it is your resposibility even if it gets vandalised every day.

 

 

Can you cite any legal authority supporting your opinion?

 

I have considered the point regarding fair wear and tear being the landlord's responsibility, and it seems to me that the legal principle behind that point is that the tenant is responsible for damage to the premises, unless it is only wear and tear - because the latter does not count as true damage.

 

That being so, the problem which the landlord faces in the present instance is clearly NOT wear-and-tear. It is property damage.

 

That, it seems to me, ought to be treated the same as any other type of dilapidations or disrepair: i.e. as something the tenant must pay for. Thus if the tenant allows the locks to be damaged, the tenant must repair the damage himself.

 

If the tenant's children smash a window, are you going to say, oh no, the tenant himself didn't do that, so it's not his responsibility? Of course you're not. Any intentional damage to the premises is the tenant's responsibility: it is he who has covenanted to use the premises in a tenant-like manner.

 

Where the damage is not to the main structure, nor to main services that pass through other premises not included in the letting, it is not within the landlord's statutory repairing obligations under section 11 of the 1985 Act. See the FAQ -

 

- Disrepairs in privately rented accommodation

 

I think the landlord has a reasonable case in law for asking the tenant to repair this type of damage at the tenant's own expense.

[45002]

http://www.landlordzone.co.uk/forums/showthread.php?38745-T-getting-his-lock-broken-by-someone

[axil23]

Can you cite any legal authority supporting your opinion?

 

I have considered the point regarding fair wear and tear being the landlord's responsibility, and it seems to me that the legal principle behind that point is that the tenant is responsible for damage to the premises, unless it is only wear and tear - because the latter does not count as true damage.

 

That being so, the problem which the landlord faces in the present instance is clearly NOT wear-and-tear. It is property damage.

 

That, it seems to me, ought to be treated the same as any other type of dilapidations or disrepair: i.e. as something the tenant must pay for. Thus if the tenant allows the locks to be damaged, the tenant must repair the damage himself.

 

If the tenant's children smash a window, are you going to say, oh no, the tenant himself didn't do that, so it's not his responsibility? Of course you're not. Any intentional damage to the premises is the tenant's responsibility: it is he who has covenanted to use the premises in a tenant-like manner.

 

Where the damage is not to the main structure, nor to main services that pass through other premises not included in the letting, it is not within the landlord's statutory repairing obligations under section 11 of the 1985 Act. See the FAQ -

 

- Disrepairs in privately rented accommodation

 

I think the landlord has a reasonable case in law for asking the tenant to repair this type of damage at the tenant's own expense.

 

Just what I had thought and wanted to hear.

 

Thank you very much.

[axil23]

http://www.landlordzone.co.uk/forums/showthread.php?38745-T-getting-his-lock-broken-by-someone

 

Like I pointed out on that thread too, I posted that and waited almost 2 days and not a single reply so I opened a new thread on here. I am not sure what you are trying to point out?

[Ed999]

I did take a look at the other thread, but it was really about wear and tear, not about intentional damage.

 

Two points might be relevent -

 

a. Any cost incurred by the landlord for repairs might be covered by the landlord's insurance policy.

 

b. If the landlord has signed a management agreement which puts maintenance in the hands of the Letting Agent, the landlord should not have to become involved. It's the Letting Agent's problem.

[Steve__M]

I checked the tenancy agreement I use and that agreement says that the tenant is responsible for damage to doors and windows.

 

As far as I can see there is no statutary requirement on the LL, so I would guess that unless the contract says otherwise it is the tenants responsibility.

 

Reading between the lines, the tenant has told the council that the landlord has done it to try and get rid of him, hence the council's response.

 

Reading even more between the lines, the tenant has caused the damage and hopes the landlord is blamed for attempted illegal eviction.

 

Allegedly

[Ed999]

Reading between the lines, the tenant has told the council that the landlord has done it to try and get rid of him, hence the council's response.

 

This was my impression, too, on reading the details of this case.

 

It's a disreputable tactic commonly used by tenants to interest a Local Authority in a case in which the Authority would otherwise have no legal powers.