Is the letting agent being an absolute twat here?

[HarrietKettleWasHere]

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.

My old contract required me to act reasonably to facilitate viewings. Make sure yours doesn't

It doesn't matter what is in your tenancy agreement. Law supercedes tenancy agreements.

If you go onto the Land Registry website and pay £3 you will get details of the owner of the property and their address. With a fair wind a bit of googling might get you an email address and you can take it from there.

The lettings agent you're dealing with is your typical crass, ignorant, chancer of an asshole. Nothing new there I'm afraid, but I think your LL might like to know that the twat sending her slimy emails is actually messing up tenant relationships and not optimising letting opportunities.

My old contract required me to act reasonably to facilitate viewings. Make sure yours doesn't

It doens't matter what the contract says, no contract can over-ride statuatory rights.

It's like a shop can put up a sign saying no refunds under any circumstances: it doesn't matter because they have to give refunds under certain circumstances and legally can't get out of that.

"As we would like to exercise our statutory rights to quiet enjoyment of the property, we will not permit any access for viewings"

To which he will probably counter saying that the contract says it is allowed....

"The contract does not overrule my statutory right for quiet enjoyment"

Sorry that should say carpets fine but worn in the high traffic areas near the door etc.

He cannot insist on viewings.

He does not have any right to enter the property without your permission regardless of notice given. You have the right to refuse him entry completely, until the end of the tenancy if you so desire. This is the law, he cannot bully you (mention this word in your next email)

You should have a copy of the original inventory photos. Take your own on checkout, date stamped if possible. He has no say on you getting back your deposit, the protection scheme ensures that.

Make your next email your final one so he can't get back to you to insist on doing as he likes.

Finally, he's an IDIOT.

Nothing to add to the advice you've had but yes, he's a twat and you should definitely report him.

Our estate agent (who lost a set of keys) had a dramatic personality transplant once I'd reported his shoddy outfit to his regulatory body!

I will definitely go to the regulatory body...will that mean I kiss goodbye to a reference though? It doesn't matter in the short term as we are moving in with family to save a deposit but might affect mortgage if we can't get a ref? They used to have an assistant working there and she was pleasant to deal with but it's just him and his brother-in law running it now.

The LA being pissed off with you cannot affect your chances of getting a mortgage. It's based on credit scores and affordability.

What a w*nker! Does the LL know what he's like? I'm a LL and I'd fire my agent quick smart if he was acting like this...

Refuse all access now. Change the locks temporarily if you have to. And make sure you remind him that you know he's entered without permission before. Builds up quite a pattern of harassment and intimidation...

Finally, his grammar and syntax are appalling! I couldn't work with him on that basis alone 😀

Apologies if this has been said and I missed it scrolling through. Is your letting Agent a member of ARLA? if so report him. They have a code of conduct and it sounds like he's breaking it. Make a list of the dates and times you've offered them to show someone around to contradict his snotty email. Another good source of advice is the Shelter website which has lots of info for tenants. Best of luck, at least there's not long to go now.

The LL has had them as her LA for four years or more but as I say she lives on the other side of the world, her mortgage always get paid and there's always been tennants I guess.

The rental market though is not quite where it was...and it's waayyy too expensive for what is quite a crap flat really. Not our fault it hasn't been snapped up!

FWIW, I don't see the comments about the professional clean as being a set-up for a deposit deduction - he is reminding you that on the last day, everything needs to be done by then. If you are moving in with family then that shouldn't be a problem as you'll be able to move your things out and clean it before the very last day, I expect.

PP have outlined the law on the viewings (and I bet it was in the contract that you would agree to viewings in the notice period, that is a standard clause). Presumably all these people who wouldn't allow any viewings in their notice period would never view a potential let if it wasn't empty, then?

That's good advice, Duckbilled.

I have the email obviously that contradicts that we DID offer weekend access at a time it suited us, we did not refuse altogether as he stated, although I did tell him that Saturday viewings were not ideal.

We are allowing viewings though. At our convieience.

Admittedly I'm no expert but I can't see a letting agency reference having any bearing whatever on a mortgage application, which should purely assess your financial status ie income, deposit, outgoings and credit score.
But will happily be corrected if I'm wrong.

this game? he sounds like delboy

i would try and get in touch with the ownr just to let her know how her agent treats people

my dsis had this unfrotunatrly it was the ownr insisting he was allowed to let anyone in he wantd-he dint care about the law

We didn't have to submit any sort of letting agency reference when buying back in 2009.... has it changed?

It might possibly have caused an issue if you were looking to rent a new place in the same areas that they cover, if youre planning to stay with family and then buy then it wont affect any of that at all.

That's a relief!

So he is charging £1100 for what is essentially and one bed/studio flat? Is he insane? He is blaming you for not getting tenants when it's his own stupid decision to charge too much that's putting people off, not the washing up. He sounds so unprofessional and just generally a prick.

If you really want to put the wind up him then ask him to clarify that he has paid the tax due under the Non-Residents Landlord Scheme. If he's as clueless as he sounds he probably hasn't. (But only do this if you are paying the rent directly to the landlord because if not the tax is your problem!)

www.gov.uk/tax-uk-income-live-abroad/rent

I honestly don't think this will affect your chances of getting a mortgage so don't be worried about that.

If you aren't paying it to the landlord!

thecapitals - tax is paid by the LL and has nothing to do with the tenant. Nor is it the agent's responsibility to manage. Please don't spread incorrect information. It's not helpful.