To be outraged at real estate agent?

[lill72]

We hae a mice problem. We contacted the realestate agent and told them. We have set traps, put all food in plastic and glass etc etc. Over the past few weeks, we have seen different holes that they have got in - through the skirting boards and holes in the floors near heaters. They have after a few emails and photos - agreed to repair the holes, but not get in pest control. Fixing the holes will help, but resources would be betetr spent on pest control. According to the contract, they have to fix the vermin problem if there is disrepair in the property. ie holes. They will not - tehy have told us we must pay for pest control and get the pests awa from all neighbouring properies too - help, help, help!!! They are in our bedroom at night where our 11 week old sleeps. Awful.

4.1.12 Pay and arrange for removal of all vermin, pests and insects, if infestation begins during the term, woodworm and wood boring insects excepted, unless such infestation occurs as a failure of the Landlord To fulfil his repairing obligations.

I don't know if you are in the UK (guessing not though) so I would suggest writing to them once more, stating that they are continuing to fall short of the expectations set out in your rental agreement, and until such time as the infestation is suitably dealt with, you will be withholding the rent (or a set percentage). If they fail to respond, withhold the rent and contact a regulatory authority of estate/letting agents, if there is one. In the UK there are a couple, including the EHA who will at least begin pest control services.

If your agent still fails to act after 1 month, use the money withheld to pay pest control services yourself, obtain a receipt and include a copy in a letter to your landlord/agent stating that the withheld sum has been used to eliminate the issue and you will continue paying rent as usual.

I know it doesn't really help in the short run, but at least the problem will get sorted and you will not be out of pocket. It will also send a clear message to your landlord. (Keep copies of ALL correspondence to and from, that way if anything goes awry in future, you can prove that you were acting reasonably)
Good luck!

thank you - yes I am in the UK.

I have been reading that withholding rent is a risky option?

It can get very nasty.

The problem is getting worse by the day and we cannot do nothing. ugh I am full of despair - these agents are rated some of the worst in the country. very stressful situation.

Some of that ^^ is not too clear, sorry.

I meant contacting a regulatory authority of letting agents ie The Property Ombudsman (if they are a registered member) or the OFT who cover all trade in essence. The EHA do NOT regulate letting agents (as it seems to read in my pp) but will be able to help regarding the pest problem.

Also, if you write to them, they are not just falling short of expectations, but are actually breaching the contract (providing the infestation has only begun since you moved into the property) so you are quite within your rights to withhold some of your end of the contract, until they take action.

Buy some rat and mouse poison and put it in the holes.
Phone Shelter for advice.
Phone the local environmental health dept at the council.

Oh if you are in the UK, then get hold of the EHA tomorrow and ask what they can do in starting pest control, it should be free to start with. Also, contact your Local Authority ie Council or District offices and tell them that the landlord is ignoring the issue.

Get in touch with CAB too and discuss withholding the rent. It can be a risky option if your agent kicks up a fuss, but you are NOT getting the full amount of duty they are contracted to provide you, so keeping a part of what you are contracted to give them would be deemed fair, as long as you let them know that is what you are doing and what you will do with the money if they continue to breach the contract.

Do NOT withhold rent, that is very risky!

Obviously this needs dealing with ASAP, I guess you know all about securing all food etc?

I would be inclined to get pest control in yourself and get them to detail on the invoice what the problem is ie get them to specifically say of infestation due to disrepair of property and derail access points. Depending on your council, the council service may be cheaper than a private company and may even be free dependent on your circs - but possibly not. Anyway, get them in, pay them but make sure you get a detailed invoice.

Then send the the invoice to agents asking them to reimburse you or ask if you should deduct it from following months rent.

Then, hopefully with the proof they will reimburse you. Any probs, speak to your housing office at council or environmental health, or check which professional body they belong to and complain to them and follow their advice. Or post here again

You could just contact environmental health but it will take some time and it sounds like it needs sorting as mice are incontinent and it's very unhealthy!

Do not withhold rent.

YesIDid - thank you - very helpful. Every time I alert them to what the clause says they ignore it completely and say it is our problem. We do everything in writing as these people are notorious for being difficult.

I don't hold out much hope they would reimburse us, but we need to act now. I am guessing I could take it further if pest control said it was due to disrepair a- ie sort out with ombudsman if possible? if we have proof surely they'll have to pay up. Becomes tricky as they have agreed to fix holes (not by a pest controller but by a handyman) to stop problem - surely this is an admittance that they know there is a problem.

Do not withhold rent. It is risky and could lead to eviction due to rent arrears or a "revenge eviction".

Have a look at the CAB's website adviceguide.org.UK under Housing or Shelter's shelter.org.UK.

Yes, I would contact your local council as even of they aren't cheaper for the pest control service, environmental health officer might get involved. They tend to be stringent on letting agents and landlords. But I would just get advice from this stage, not start action as I would give agents a chance to sort it.

If they are a member of ARLA, TPO etc you could access their complaints procedure, but this would usually be on the proviso you have exhausted the company's own complaint procedure. So I would get the detailed invoice, send it to them for reimbursement and say something like you look forward to receiving reimbursement within 14 days or you will lodge a formal complaint in preparation for a complaint to xxxxx(professional body).

To me, this seems like the quickest and hopefully easiest way to get the problem sorted and get them to pay up, but if you are fucked off with them and aren't fussed about wanting to stay in the property beyond intitial term, then you might want to ask EHO to act rather than advise first - it's up to you.

If you want to PM me or anything please do.

The landlord has offered to pay half for a company that guarantee no mice for a year. it is £127 each that we have to pay.

They would rather go for the cheaper handyman to do the job, but it wont be effective.

Are they in breach of contract by not paying it all? If we don't agree to pay, sounds like they may just get in the handyman.

should we give in as we can't wait to sort the problem? - ie needs sorting asap.