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AIBU?

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Original poster

Is the letting agent being an absolute twat here?

300 replies

HarrietKettleWasHere · 18/08/2017 10:41

Any advice appreciated. Not the most exciting AIBU but I'm really pissed off.

Gave notice on our flat. Have six weeks left in tenancy. Landlady lives abroad so we deal with letting agent who has been up until now ok (apart from the time he told us off about the washing up when he he came round to look at the bathroom and when he entered the flat randomly to measure up something saying he thought we'd gone on holiday)

Now, understandably they don't want a gap in the tennants but they put the poky flat with awful plumbing and no storage space on at £1100 (London zone 3) so there's been quite a slow take on it. They made the photos look good though so people want to veiw it. That's ok, we've tried to be flexible BUT the letting agent was texting and saying 'can I block book 6-8pm on Wednesday night' or 'can I do a viewing this lunchtime?' I mean, we live here. All our stuff is here. We are still paying rent here. No consideration to any of that but as we were going to be out of the flat for three week nights last week I offered those. Letting agent could only do one. No takers.

Asked to book a viewing at 9am on this Saturday morning. I said no, (we are out at a party tonight and I don't fancy getting up early to tidy and vacate on a weekend) BUT you can do it when we go out for lunch at 12. Can't do that so now apparently we have 'jeapordised the chances of re letting a flat for refusing to let them in on Saturday)

Anyway, after reading up on a few tennants rights etc, I found the 'right to quiet enjoyment law' which actually means we could refuse viewings altogether if we so chose. I also know that he has to give us 24 hours notice of he wishes to access and we have to give permission unless it's an emergency. So I emailed him quite a balanced and fair email this morning, saying that viewing times need to be worked around us and not the other way around, and offered him a couple of days next week.

He's sent one back and I'm livid but DP is saying take a step back for now before we respond.

Just going to work out how to blur names then will screenshot the emails.

How to respond? I think he's wrong. He states that he has every right to access the property. I am sure that's not correct but DP is worried we've rocked the boat now.

OP posts:
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6
BackieJerkhart · 18/08/2017 10:57

i think we have been more than fair in making you aware of when viewings are

Is he for fucking real?? He does not let you know when viewings are!! He asks when is convenient to you for viewings to take place. His email is really arsed! I wouldn't budge at all on the dates you have offered.

He isn't appreciating your email!! Angry

Is he really young? He sounds like he is just out of school.

ChelleDawg2020 · 18/08/2017 10:57

Having read the agent's reply, I'd be tempted to change the locks and to ignore any future contact with him.

Original poster
HarrietKettleWasHere · 18/08/2017 10:57

It's really not much bigger than a studio to be honest so I don't love being here when other people look round it. I don't like them gawping and nosing while I do washing and cook dinner

OP posts:
Papafran · 18/08/2017 10:57

Sorry - my mistake- just saw that you did screen-shot it.

Oh my god. What a twat. OK, send him an email quoting the legislation at him (should be on the Shelter or CAB website).

What a dick.

BackieJerkhart · 18/08/2017 10:58

No more waffly emails or defending your decision not to allow them to come whenever they life. Respond simply with the dates they can access the flat and nothing else. They haven't a leg to stand on.

Cocklodger · 18/08/2017 10:59

The first thing I've noticed is their horrific grammar...
anyhow.
No, they don't have the right to access.
The 24hr period is in relation to "reasonable access" such as, but not necessarily limited to
Repair, inspection, exit inventory.
Section 11, landlord and tenant act which (irrc) is 1985.

They may have the right to conduct some viewings, with your consent, around your convenience in the last 28 days of the tenancy.

Original poster
HarrietKettleWasHere · 18/08/2017 10:59

He's not young at all! Maybe 45 ish. It's a very small agency not a 'name'one. And he does this a sideline to another job (fireman) hence him insisting on things fitting into his schedule.

OP posts:
ThymeLordIsSpartacus · 18/08/2017 10:59

OP, you have been very reasonable and have provided times that suit you. It is up to the agent to work around these. Don't back down. That's how they get away with this kind of thing, they assume that people aren't aware of their rights.

Original poster
HarrietKettleWasHere · 18/08/2017 10:59

I have emails to prove he hasn't asked 24 hour notice each time.

OP posts:
BackieJerkhart · 18/08/2017 11:00

Well his schedule is his problem, not yours. If he can't manage the requirements of being a letting agent then he shouldn't be one.

StaplesCorner · 18/08/2017 11:00

In his e-mail why is he saying he has given you 24 hours notice? But of course you can't tiptoe around the letting agent worrying about what he will do, he's just being bullish.

He does say at the end though he will work around your dates so maybe let it lie for now?

pigsDOfly · 18/08/2017 11:00

What the contract says is irrelevant Comedyusername. No one can make up their own rules and contract outside the law.

If the law says 24 hours notice and at tenants convenience, then that's what the LL and agents have to stick to.

Willow2017 · 18/08/2017 11:00

What work is he 'planning to do on the monday'?

You can refuse to let anyone in your house unless its for emergency work.

Refer him to the relevent law on renting, and let him stew.

Original poster
HarrietKettleWasHere · 18/08/2017 11:00

DP is making me wait before I formulate a response because he knows how angry I am.

I spent a LONG time last night reading up on my rights as a tennant.

OP posts:
ThymeLordIsSpartacus · 18/08/2017 11:01

i think we have been more than fair in making you aware of when viewings are

and that would get my back right up. He doesn't 'make you aware' of a viewing, he asks your permission to come into your home. If it suits you then great, you say yes, if it doesn't then it's his job to sort an alternative appointment.

StaplesCorner · 18/08/2017 11:01

He's a fireman?! So basically you are there for his convenience to fit in with his shifts!!

Ilovefraybentos · 18/08/2017 11:01

He's banking on you not knowing that despite it being in the lease, you can still refuse any and all viewings. You can't include things in a contract that unfairly benefit the landlord over the tenant (or vice versa) and this is an example of one where it has no benefit to you as a tenant. In fact, it's affecting your right to quiet enjoyment.

I would make it clear to him that you are aware of your rights and it's either no viewings or viewings when you say.

sirfredfredgeorge · 18/08/2017 11:01

Ignore that letting agent, go straight to his boss with the complaint and follow it through via the complaints process www.thetenantsvoice.co.uk/advice_from_us/complaints-about-letting-agents/

Making illegal statements about access is wrong, there is no point having any further conversation with that agent.

Immediately write to your landlady stating that you will no longer be providing access due to the agency - you can be nice and offer access via a different agency to show reasonableness. If you do not know the contact details of your landlady, put in the legal request now too.

Original poster
HarrietKettleWasHere · 18/08/2017 11:02

The work isn't this Monday, it's the Monday after we move, I also told him I was concerned about the tight turnaround (one night between us leaving and the flat being available for new tennants) and asked him to inform us of he planned to carry out work while we were still here. I'll post his patrionising response to that.

OP posts:
LaurieFairyCake · 18/08/2017 11:02

"You haven't asked or given 24hrs notice each time. We do not have to accommodate you and we are choosing not to from now on. We will now not offer viewings at all. You
will now have to wait until we have vacated to show people round. If you need to check legal advice on this please feel free to do so".

Papafran · 18/08/2017 11:03

It's a very small agency not a 'name'one. And he does this a sideline to another job (fireman) hence him insisting on things fitting into his schedule

Ah, it sounded so Foxtons-like... I had some fun with letting agents when I rented in London. Including one who wanted me to give him a blank signed cheque before I had even found a property so that he could 'fill in the deposit amount and speed up the process' once I did find one. Um, yeah pal, I think that will be a fat no.

Original poster
HarrietKettleWasHere · 18/08/2017 11:03

He is is boss- otherwise I'd be straight on the phone.

OP posts:
TeaStory · 18/08/2017 11:04

After a shitty email like that, I'd tell him no more viewings at all - and, if necessary, tell the landlord why.

For any booked viewings, I'd be sure to tell prospective tenants what he's like (I'm horrified he just walked into your home without notice or permission because he thought you weren't there). He sounds like a right pompous arse.

Original poster
HarrietKettleWasHere · 18/08/2017 11:05

.

Is the letting agent being an absolute twat here?
OP posts:
DontTouchTheMoustache · 18/08/2017 11:06

Op whatever your contract states it does not override statute law so he has no right to enter without your permission even if he gives 24 hours notice. When you respond please reference the laws specifically as he is trying it on, if he knows you have done your research he will not have an argument (he is banking on you being naive). Your original email to him was a bit more emotive than factual which is probably why he thought he could convince you he is right.
Also the deposit should be protected and therefore anything they try and take unfairly can be challenged and will go to an independent 3rd party