- Call: 07827 071812
- Email: info@lockguy.co.uk
One of the key tasks of a locksmith is to gain entry into a property. This is normally when somebody has found themselves locked out, but can also be for a number of other different reasons. It is important to understand how a locksmith decides if they should gain entry to a Property, what considerations need to be given and what a locksmith should ask before gaining entry. To avoid problems and granting unlawful access, a locksmith needs to follow certain principles and know the law.
This article will explore different scenarios where you may need the services of a locksmith to gain entry.
This is the most common reason that the services of a locksmith might be engaged to gain access to a property.
In these situations a locksmith will ask for proof of identification as they will need to know who they are letting in to the property. Without ID, they may be assisting someone to commit a crime.
If the person has no ID, then the locksmith needs to use their best discretion and ensure that the person will be able to provide ID once entry is granted. Ideally a locksmith should ask for proof with evidence of residency (e.g. a utility bill with the name and address or a drivers licence).
Sometimes, it may be possible to contact a neighbour and ask them to verify that the person is the homeowner or tenant – but ID will still be required from the neighbour.
Maybe you are not the owner, but you still have permission to access the property. For example, an employee/contractor who is locked out of premises or a neighbour who is supposed to look after the property. In this situation, the locksmith will need to get authorisation from the owner as well as proof of ownership from them.
If you do not have authorisation then a responsible locksmith will not be able to provide you with the required services.
In this situation, a landlord cannot just instruct a locksmith to gain entry and change locks. There is a process to follow and the tenant has rights even if they are in rent arrears. The procedure involves giving a written notice, then in most cases the landlord will have to get a court order. But they cannot get a court order until the written notice period has expired. The court order is called a ‘possession order’.
If the tenant does not leave by the date on the possession order, then the landlord needs to get a ‘warrant of eviction’ which is the authority needed to instruct a bailiff to evict. So, a locksmith will need a bailiff present before being able to evict a tenant.
If the matter is serious and urgent, it is best to call emergency services.
If it is not deemed urgent and it is unclear if there is an actual problem, there is a good chance that the emergency services will not attend and they may tell you to get a locksmith. In which case, all the normal rules about identification and documentation apply.
Please note, that, as a general rule, unless in these situations of serious welfare concern, a locksmith is not permitted to enter a property if they know that someone is in the property.
If you want to change the locks on the property of a vulnerable person (e.g. someone suffering from dementia), then you will need to provide to the locksmith proof of your power of attorney for rights to do so.
A landlord may be faced, in the course of managing its property, with unpaid rent by a tenant.
In commercial tenancy arrangements, a specific recovery regime exists which enables recovery of arrears through enforcement action. This is the commercial rent arears recovery process (known as CRAR).
If a business becomes insolvent and the commercial landlord has a forfeiture clause in the commercial lease (which it normally does), then you can arrange for an Enforcement Agent to attend the property along with a locksmith to gain access.
All appropriate documentation will need to be provided before any action will be undertaken.
You will need to give the tenant at least 7 clear days notice in writing.
If a bailiff is recovering council tax, parking tickets, traffic debts, high court writs, county court judgements or bailiff fees they cannot force entry with a Locksmith. However, if they are executing a warrant, writ of possession to evict, installing a pre-pay gas or electric meter, enforcing commercial debt at a commercial property, or collecting money owed to HMRC, a bailiff can force entry with a Locksmith assuming they have the right paperwork (e.g. correct warrant or a writ from the court).
A locksmith should check the bailiff’s ID or Enforcement Agent Certificate.
If the occupant is not in and a neighbour or passerby raises concern about the welfare of an animal, they may be tempted to contact a locksmith to gain entry. But a locksmith is not permitted to gain entry in this instance.
You can call the RSPCA, although they have no power to gain entry to a property – however, they are permitted to go into the garden. If the RSPCA can get a warrant, then the locksmith can be engaged to enter the property.
So as you can see, all parties involved need to be aware of what is permitted and what is not permitted when it comes to gaining entry. If a locksmith is not satisfied that they are legitimately able to gain entry, then that locksmith should walk away from the job.
Do not forget to always ask the locksmith to provide their ID/credentials before they gain access as there are rogue locksmiths that do operate due to the lack of regulation in the profession.
A locksmith will need to follow the very best standards of practice and without the necessary rules and regulations, people may try to scam locksmiths and access a property illegally.
It is possible that a locksmith can be deceived into wrongfully gaining access to a property. If this does happen, then as long as the locksmith demonstrated good due diligence, then there should be no further action. Without showing good conduct and practice, a locksmith may themselves be subject to criminal prosecution.
I hope this article on How a Locksmith Decides When to Gain Entry to a Property
has been interesting for you. If you have any questions or would like to discuss my services please get in contact.
Got a question about a lock issue you may have? Why not have a look at the FAQ page or one of the helpful advice videos on the Media page.