Question: We recently bought a house and all is fine except that one key — for the door to the backyard — is missing.
We have been told that to get a new one cut will cost £150.
The previous owner has admitted that they left the key in storage but is only offering to pay half the cost of a new one. Should they not have to pay the lot?
Answer: This is a frustrating situation when you are buying a new home.
Given the time and expense of the alternative that I will go on to outline, the most pragmatic option may be to agree to share the key-cutting costs equally or, in view of the seller’s admission of fault, to counter-propose that they pay a higher proportion than you.
The alternative is to consider claiming damages from the seller, on account of the failure to provide the keys being a breach of contract and misrepresentation, and any costs of taking steps to litigate the claim.
Go back and carefully check the Property Information Form that the seller should have completed as part of the pre-contract enquiries.
There is an enquiry in this form that asks the seller to confirm that the keys for all doors and windows will be left at the property or with the estate agent.
If the seller has confirmed they will leave all keys at the property, then they are contractually obliged to do so.
In reality, the amount of money in question is so small that even if you were to have a strong claim, the legal costs involved would soon outweigh any compensation.
These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.