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Who pays for broken door lock

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  • 13-03-2014 10:20am
    #1
    waterfordal
    Registered Users Posts: 40 ✭


    Hi. I am renting a house and today the key got jammed in the front door lock as I was locking the door. As a result I was unable to lock the door.

    Rang letting agent and explained the situation. He arrived soon after, changed the lock and then told me that he charges €40 for this.

    Am I wrong in thinking this is completely unfair? It is my understanding that LL has to pay for damage that results from normal wear and tear?


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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    I don't think I would consider a key getting stuck in a lock to be "normal wear and tear".

    In this situation, I think you are liable for the cost.


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    #3
    syklops
    Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    Paulw wrote: »
    I don't think I would consider a key getting stuck in a lock to be "normal wear and tear".

    In this situation, I think you are liable for the cost.

    Why not? Was the OP trying to lock the door with a sledgehammer?


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    #4
    jane82
    Banned (with Prison Access) Posts: 1,590 ✭✭✭jane82


    Id imagine the broken key would have been caused by a faulty lock or the door being hung badly. I doubt he put the key in the lock then kicked it in half.


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    #5
    waterfordal
    Registered Users Posts: 40 ✭waterfordal


    Paulw wrote: »
    I don't think I would consider a key getting stuck in a lock to be "normal wear and tear".

    In this situation, I think you are liable for the cost.

    Why wouldn't it be? I tried to lock the door in the same way I do every day and it got stuck.


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    #6
    Staplor
    Registered Users Posts: 1,123 ✭✭✭Staplor


    How old do you think the lock is?

    If it's a couple of years old it's hardly normal wear and tear, if it's longer than that then there could be an argument to be had.


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    #7
    thomas anderson.
    Registered Users Posts: 1,111 ✭✭✭thomas anderson.


    LL pays. Faulty lock causing the key to break


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    #8
    jane82
    Banned (with Prison Access) Posts: 1,590 ✭✭✭jane82


    I think the agent charged you 40 quid to let you in the house. A new lock to be fitted would set the landlord back more than 40 euro.
    Id say the landlord picked up the tab on the new lock. You paid the agent to let you back in.
    He probably shouldnt have charged you this because its a charge for people who leave their key inside and need help getting back in.


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    #9
    syklops
    Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    He arrived soon after, changed the lock and then told me that he charges €40 for this.

    Sounds to me like the estate agent is moonlighting as a locksmith. It might explain why the key broke in the first place but I wouldn't say that to his face.

    To me it is wear and tear but he might tell you that the repair was covered under wear and tear and he is just charging you for the late evening onsite visit. I would pay it, but use this as an oppertunity to find out what other potential charges are not considered wear and tear, and under what other circumstances will he charge you for coming to the flat.

    I'd also learn how to change a lock. My property agent couldnt change a light bulb never mind a door lock.


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    #10
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    I think they may be splitting the cost with you. Around Kildare a locksmith is €80 call out fee before doing anything.


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    #11
    waterfordal
    Registered Users Posts: 40 ✭waterfordal


    Just to clarify - all that needed to be done was to change the barrel in the lock. A two minute job that I could have done myself - the door was stuck open, not closed so I did not need a lock smith to let me into the house.

    The reason I did not do it myself is that I would be wary of making changes to a house without the LL's permission. Also, changing it myself could leave me liable for more expenses if the lock I used was to break in future.


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    #12
    waterfordal
    Registered Users Posts: 40 ✭waterfordal


    Staplor wrote: »
    How old do you think the lock is?

    If it's a couple of years old it's hardly normal wear and tear, if it's longer than that then there could be an argument to be had.

    The look is the same age as the house I would imagine - 12 or 13 years.


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    #13
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    thomas anderson. wrote: »
    LL pays. Faulty lock causing the key to break

    Not necessarily. If tenant was pissed and broke the lock through his incapacitation from drink the tenant is responsible. Every case is different


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    #14
    syklops
    Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    Santa Cruz wrote: »
    Not necessarily. If tenant was pissed and broke the lock through his incapacitation from drink the tenant is responsible. Every case is different

    If a lock is broken so easily that a drunk can break it through incapacitation, I would still argue that the lock was f&5ked to begin with.


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    #15
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    I'd have to concur with Paul- a new lock on the door- is hardly normal wear and tear.......


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    #16
    syklops
    Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    The_Conductor wrote: »
    I'd have to concur with Paul- a new lock on the door- is hardly normal wear and tear.......

    I suppose it depends on how you define wear and tear. If you define wear and tear as breakage or damage that occurs during the course of normal use of the device, and if the lock broke while the OP was simply locking it then it should be considered normal wear and tear. I would accept that it would not be normal for a lock to break while simply using it though.


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    #17
    murphym7
    Registered Users Posts: 2,035 ✭✭✭murphym7


    My front door lock broke a few months ago, wouldn’t lock. Phoned LL, he sent someone around and replaced the barrel. LL paid, there is no way I would be happy paying to replace that. Wear and tear. The fact that your key broke, is a symptom of the broken lock I would argue.


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    #18
    jane82
    Banned (with Prison Access) Posts: 1,590 ✭✭✭jane82


    Can you take the lock barrel with you when you leave?


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    #19
    Victor
    Registered Users Posts: 78,417 ✭✭✭✭Victor


    Locks will eventually wear out, after how long will depend on the number of times it has been used and the type of use it gets. The quality of the keys may also be a factor.

    Was the new lock fitted new, straight from the packet?

    I wouldn't pay the agent directly.


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    #20
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    murphym7 wrote: »
    My front door lock broke a few months ago, wouldn’t lock. Phoned LL, he sent someone around and replaced the barrel. LL paid, there is no way I would be happy paying to replace that. Wear and tear. The fact that your key broke, is a symptom of the broken lock I would argue.

    A key breaking in a lock isn't wear and tear. On cold mornings- keys need more care in locks- this morning for example it was below zero over much of the country- and most people would exercise additional care in cold weather when using keys- I know I certainly would.


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    #21
    Victor
    Registered Users Posts: 78,417 ✭✭✭✭Victor


    The_Conductor wrote: »
    A key breaking in a lock isn't wear and tear.
    It seems it jammed, it didn't break.


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    #22
    syklops
    Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    The_Conductor wrote: »
    On cold mornings- keys need more care in locks- this morning for example it was below zero over much of the country- and most people would exercise additional care in cold weather when using keys- I know I certainly would.

    This is news to me.


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    #23
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    syklops wrote: »
    This is news to me.

    When we were young- we'd have had a lock warmer for use in the winter- its shaped like a key-blank, it went into the locking mechanism- and you left it there for 15-20 seconds while it heated up the lock.

    And yes- this is in Ireland- not the Arctic.


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    #24
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    The_Conductor wrote: »
    When we were young- we'd have had a lock warmer for use in the winter- its shaped like a key-blank, it went into the locking mechanism- and you left it there for 15-20 seconds while it heated up the lock.

    And yes- this is in Ireland- not the Arctic.

    Never heard of anyone with these and I have lived in Ireland for 40+ years. Heard of liocks in cars freezing but this was only in older cars where the locks were well worn.


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