My Tenants Have Changed The Door Locks, Can They Do?

Tenants changing the locks to your property is understandably an unnerving prospect – after all, nobody wants to be locked out of a property they legally own. So if your tenants do take this action, do they have a right to, and what can you do about it?

The Tenancy Agreement

The answer to the above question depends on what is in the Tenancy Agreement. If you included a clause forbidding your tenants from changing the locks and they do so, they are clearly in breach of contract. However, the only thing you can do immediately in this situation is to take out an injunction against your tenants which is a costly and time-consuming measure. If the original locks have been retained you could ask your tenants to return the locks to normal when they move out at their cost. Alternatively you could withhold part of their deposit to cover the cost of changing the locks again when they leave.

If there is no clause in the Tenancy Agreement regarding change of locks, tenants are within their rights to change them and are not obliged to provide you with a key. When a tenant signs a tenancy agreement this is considered to be an ‘estate in land’ – essentially, the tenant ‘owns’ the property for a period of time as determined by the length of the lease, and so they have the right to make certain changes, including changing the locks.

If the lock change causes damage to the fixtures or fittings of the property, it is the tenant’s responsibility to rectify this at their own expense. If they don’t, you can withhold part of their deposit to cover the cost of repair. Also, you should make sure the lock is adequate, not only for the basic security of the property but also in line with your insurance policy as these sometimes specify the type of lock required. If the lock is inadequate then action must be taken, for the safety of your tenants as well as your property.

Access to the property

This raises the question of how the landlord can gain access if the tenant can change locks and not provide them with a new key.
Tenants are obliged to allow the landlord access to the property, but this does not mean that the landlord can ‘let themselves in’. Adequate notice should be given if you need to enter the property, and this would allow for the tenant to arrange to be present to let you in.

By law, tenants have a right to quiet enjoyment of the property, which means that landlords do not have the right to enter the property without their permission. This cannot be changed by the Tenancy Agreement. Tenants should always be contacted to give notice of your intention to enter the property and to arrange access. There is some query in the law as to whether landlords have a right to enter the property for inspection purposes, or purely for measures such as Gas Safety Checks or repairs. Either way, notice must be given.

If you are unsure about whether your tenants have a right to change the locks, or if they are refusing access, it is always best to seek legal advice.