Resolution case study – Lock replacement, keys not returned
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We offer an independent and impartial resolution service for landlords, agents and tenants who are unable to reach agreement on distributing the deposit when the tenancy ends.
We look at a recent case and break it down. Our Resolution Department Lead, Suzy Hershman, helps you to understand our approach, which in this case relates to the tenant not returning the keys at the end of the tenancy, resulting in the landlord changing the locks.
Deposit Details:
Deposit £500.00
Disputed amount £90.00
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What happened?
The tenant said:
- they did forget to return the keys when they left but can return these at any time to the landlord
The agent responded, saying:
- the tenant did not respond when we contacted them about returning the keys at the end of the tenancy
- while the tenant has offered to now return these, the landlord had to change the locks when these were not returned. Costs have already been incurred which the tenant should be responsible for
What evidence was provided?
Tenancy agreement, check-in report, checkout report, invoice, e-mails, letters.
What was decided and why?
- The tenancy agreement and communication sent to the tenant shortly before the end of the tenancy, clearly set out how and when the keys should be returned. The adjudicator found that the tenant was therefore aware of their responsibility.
- The independent check-in and check-out reports showed that the keys given to the tenant at the start of the tenancy were not returned at the end, so the tenant had fallen short of their responsibility as stated in the tenancy agreement.
- The agent had shown that they attempted to contact the tenant on the last day of the tenancy and again a few days after, asking for the keys to be returned or the locks would need to be changed.
- An invoice was provided for £90.00 to show the costs incurred for replacing the lock and keys.
- The adjudicator found that the landlord was entitled to reasonable costs to change the lock for security purposes, as the end date of the tenancy had passed, and evidence of loss had been provided.
- The amount claimed was considered reasonable for the work needed and the unresolved amount of £90 was awarded in full to the landlord.
How can you avoid this happening in future?
- It’s always important to communicate with your tenants and try to reduce the risks of issues requiring resolution where possible
- Providing a receipt/invoice for replacement locks is important to show the loss incurred as a result
- Where it can be seen that the costs are reasonable and in proportion to the work, they are likely to be awarded in full