A tenancy agreement is an important document for both tenant and landlord. With the right tenancy agreement in place, each party understands their unique roles and responsibilities while a renter resides in the property. This includes maintaining the security of the property, with the tenant and landlord sharing key responsibilities.
One of the more overlooked areas of a tenancy agreement is the roles and responsibilities regarding the property’s lock and keys. Landlords will hand over keys once the agreement is signed, but what happens after this? Who is responsible for maintaining the locks? Can a tenant change the locks or cut spare keys for a rental property?
These rules and responsibilities can vary from each tenancy agreement, which is why it’s a good idea for landlords to clearly define them before agreeing to new tenants. But where do you start when it comes to establishing rules for locks and keys in a rental agreement? Check out our handy locksmith-written guide by an emergency locksmith expert below for all the info you need!
Tenant Responsibilities for Locks and Keys on Rental Properties
Landlords are mostly responsible for maintaining the overall safety and security of a rental property. However, tenants also have some important responsibilities that should be included in your tenancy agreement.
A tenant is responsible for reporting problems with the property’s locks or keys. For example, if a tenant notices the locks on the front door are damaged, they must immediately tell their landlord, who can then arrange for repairs.
Tenants are also responsible for the property’s keys, so they should take appropriate measures to keep them safe and secure. It’s also important that tenants use locks correctly to avoid damaging them!
Can a Tenant Change Locks on a Rental Property?
Most landlords will include a rule in the tenancy agreement that prohibits tenants from changing locks without explicit permission. Those who do could be liable for eviction under the rules of a Section notice.
However, it’s vital that landlords clearly outline this rule in the tenancy agreement. If not, the tenant can be within their rights to change the locks. In these situations, they’re still responsible for avoiding any damage to the doors and frames where the locks are being changed.
Failure to do so means the landlord can claim the cost of repairs, usually at the expense of the tenant’s deposit.
So, professional locksmiths and letting agents recommend that locksmiths always include a rule in the tenancy agreement prohibiting tenants from changing locks. Allowing tenants to change locks is risky, as they can’t guarantee the quality of work or that it complies with the landlord’s insurance.
Are There Situations When a Tenant Can Change Locks on a Rental Property?
Tenants are permitted to change locks on a rental property without a landlord’s permission in specific circumstances. One of the more obvious situations where a tenant can claim they are justified in changing locks without permission is when there are security concerns.
For instance, if there’s a break-in or burglary, the locks are damaged and the tenant can’t get hold of their landlord, then they’re within their rights to change the locks. You may be thankful in these situations, though, as failure to change locks could invalidate the insurance because the property isn’t secure.
Another situation where a tenant can be justified in changing their locks is if the landlord is constantly accessing the property without prior notice. Tenants have a legal right to quiet enjoyment, meaning a landlord cannot enter their rental property whenever they like. They must provide tenants with at least 24 hours’ notice, even when completing important maintenance tasks or inspections.
If the tenant can prove the landlord is constantly accessing the property without written notice, then they are within their rights to change the locks.
Can Tenants Make Copies of Keys for a Rental Property?
It’s entirely down to the landlord’s discretion. However, if you don’t want tenants cutting spare keys, you must include the rule in the tenancy agreement.
Of course, tenants could break these rules without your knowledge, which is why locksmiths suggest investing in do-not-duplicate keys. These types of keys come with strict rules regarding key cutting, meaning most reliable locksmiths won’t consider creating duplicates.
Another option is to invest in restricted keys for the rental property. Unauthorised locksmiths cannot cut these keys without expert equipment, so they add another layer of security for your rental property.
Landlord Responsibilities for Locks and Keys on Rental Properties
UK landlords are legally required to guarantee the security of their rental property for tenants.
It is therefore crucial for landlords to ensure there are suitable locking systems on exterior doors and windows so that their rental property is adequately secure.
Failure to provide safe and operational door and window locks could make landlords legally liable. Simply put, if you want to enjoy the financial rewards of being a landlord. You must invest in the installation, replacement, and maintenance of suitable locks to protect the property.
Can a Landlord Change Locks?
UK landlords can change locks on their rental property if they have permission from their tenant. Even if you want to upgrade to higher-quality locks to boost property security, you still need permission from the residing tenants.
Can a Landlord Change Locks Without Permission
Generally, landlords cannot change locks without permission from their tenants.
There are some rare circumstances where a landlord may be justified in changing locks without their tenants’ permission.
For instance, if the landlord resides in the same building and shares certain facilities, like a kitchen or bathroom, they can change locks without permission.
However, in most situations, a landlord cannot change locks without a tenant’s permission. Not only will it cause issues with tenants, but it’s usually illegal, so it could leave the landlord liable.
Can a Landlord Change Locks if a Tenant Doesn’t Pay Rent?
No, never make the mistake of changing locks when a tenant doesn’t pay their rent. While it may feel tempting to do so, it is considered an illegal eviction. You could face a massive fine, or worse, a jail sentence.
Landlords can remove tenants who stop paying rent under Section 8 eviction. However, tenants must have stopped paying rent for over eight weeks if paying weekly/fortnightly or two months if paying monthly.
You can also claim the costs of unpaid rent and eviction processes with rent guarantee insurance, making it a worthwhile investment for any landlord!
Do Landlords Need to Change Locks for New Tenants?
No, landlords are not legally required to change locks on a rental property for newly arriving tenants.
Not changing locks between tenancies could compromise the security of the property, as there is always the chance that old tenants have duplicate keys, which could invalidate landlord insurance as the property is no longer secure, so most locksmiths recommend changing locks between tenancies.
Who Pays to Repair or Replace Damaged Locks?
It depends on what caused damage to the locks. If the property’s locks are several years old, the damage is likely to be general wear and tear. In these situations, it’s usually the landlord’s responsibility to cover the repair costs.
If a tenant causes damage to the locks, then they are typically responsible for the cost of repairing or replacing them. This might happen if a tenant accidentally locks themselves out and tries to force open the door when they should be calling a locksmith who can unlock the door without causing any damage!
Most landlord and tenant insurance policies cover the cost of replacing locks and keys on a rental property. Coverage differs from each insurance provider, so make sure to read the fine print regarding lock and key replacements and repairs!
Key Management for Landlords
Whether you own one or several rental properties, it’s vital for a landlord to manage their various keys effectively. After all, your average property can have multiple keys to access different doors, windows, and gates.
The more properties you have, the more keys you need to manage, increasing potential security risks like lost or duplicate keys. Poor key management can therefore be expensive if you’re constantly calling a locksmith to replace keys you’ve lost track of.
How Many Keys Does a Landlord Need to Give Tenants?
There are no strict rules regarding how many keys a landlord needs to give their tenants.
However, it’s a good idea to give each tenant a complete set of keys for the various exterior and interior locks around the rental property. You don’t need to provide a set of spare keys either, but might want to, depending on the situation.
In either case, always keep a log of any keys you have issued to your tenants and ensure they are returned at the end of the tenancy.
When Should Tenants Get Their Keys?
A tenant usually receives keys from the landlord or letting agent once they sign the tenancy agreement and both parties have agreed on a move-in date.
Do Landlords Need a Spare Set of Keys?
It’s a good idea for a landlord to have spare keys for their property in case they need them during an emergency, like a burst pipe or gas leak, and the tenant isn’t home.
Conclusion
It’s easy to maintain a safe rental property when the tenant and landlord understand their roles regarding the locks and keys. The landlord should include clear rules regarding locks and keys in the tenancy agreement, such as whether a tenant can change locks or cut spare keys.
It’s a good idea for landlords to change locks between tenancies and manage their keys to minimise security risks.
f course, issues like lost keys or damaged locks can always happen in a rental property. In which case, it always helps landlords to have access to a reputable locksmithing company, like Lock & Key, to cover all lock repair, replacement, and key cutting needs.
