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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
Sedona123 · 18/08/2017 12:49

YANBU. The letting agent sounds like a complete twat. I agree with PP who say to now say no access at all.

I would suggest buying a motion detection camera (about £30 on Amazon) and setting that up facing the door for when you're out. From his email responses and previous behaviour, I don't think that you denying him access will stop him. You may want to even inform him that you have done this to make sure that he doesn't trespass when you're out.

thecapitalsunited · 18/08/2017 12:50

Actually if you read the government link it's the letting agent or the tenants responsibility to deduct tax from rental payments for a non-resident landlord unless they've had confirmation from HMRC not to deduct.

sheeela · 18/08/2017 12:53

I would be there and tell the tenant what a nightmare the letting agent is. And loudly point out all the problems with the flat eg lack of storage etc.

You might find he decides to do viewings after you've left then!

maxthemartian · 18/08/2017 12:55

capitals do you have a link for that?
Doesn't sound right to me, we rent a house out and pay tax on ant profit when we do our yearly tax return. Nothing to do with the tenant at all.

Sprinklestar · 18/08/2017 13:01

Exactly max. Tenants are in no way responsible for their LL's tax liabilities. How could they be? Even if an agent were to deduct tax, paperwork and so on would need to be filed. The agent can't just decide to withhold tax willy-nilly Hmm.

thecapitalsunited · 18/08/2017 13:02

Do you live outside the UK for more than six months of the year? It only applies if you are. If you are paying in your tax return then HMRC will be able to tell your letting agent or tenant not to withhold the tax. www.gov.uk/tax-uk-income-live-abroad/rent

Obviously if you are based in the UK then you just pay via tax return as normal. The non-resident landlord scheme is to make sure tax is paid by those who aren't UK tax resident but catches those who are too if they've been out of the country for more than six months.

notevernotnevernotnohow · 18/08/2017 13:03

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

actually it might be, depending on which way the LL has chosen to do it.

notevernotnevernotnohow · 18/08/2017 13:04

You need approval to do it as self assessment from HMRC. If you do not have that in writing, then the agent or tenant is legally required to deduct tax.
www.gov.uk/tax-uk-income-live-abroad/rent

thecapitalsunited · 18/08/2017 13:05

I don't know why I'm being jumped on when the information was provided in the link in my first post. The OP said her landlady lives in Australia so the NRLS would apply. It obviously doesn't apply if you live in the UK.

GinIsIn · 18/08/2017 13:08

I would email him saying:

"I think you'll find that by law you are required to give us 24 hours notice of proposed access, which we then have the right to decline.

As tenants we have the right to quiet enjoyment for the duration of our paid lease. As you are clearly unable to respect that, please take this email as written confirmation that we hereby deny access for the remainder of our tenancy."

GinIsIn · 18/08/2017 13:09

Oh, and as long as you put the existing locks back on again, you can change the locks for the remainder of your tenancy.

Sashkin · 18/08/2017 13:09

Sheeela my husband and his friends did that. Made loads of "helpful" comments as the letting agent did the tour. They also told the letting agent that, as there were four of them, it was no trouble at all for somebody to stay in and help with all future viewings as well. There were no more viewings.

Happytobefree17 · 18/08/2017 13:10

His language is shockingly unprofessional. I would make a complaint to his manager.

Papafran · 18/08/2017 13:13

Actually if you read the government link it's the letting agent or the tenants responsibility to deduct tax from rental payments for a non-resident landlord unless they've had confirmation from HMRC not to deduct

No, the tenant pays the rent agreed. That is all.

PuppyMonkey · 18/08/2017 13:13

I like Fenella's email.

ThisisrealityGreg · 18/08/2017 13:14

Our landlady told us we had to pay to get the carpets professionally cleaned. We went back and forth as I kept saying it wasn't in the contract. (The carpets were clean btw, we gave them a good going over). She wouldn't accept it and eventually emailed that as 'a gesture of goodwill' she would waive the fee Hmm It's a crock of shit that the renters should pay for this anyway. Over-inflated rents paying for someone else's nest egg AND expected to be responsible for deep cleaning between tenants. Fuck off.

They also tried to shaft us over our leaving date. I sent some emails quoting Shelter with links and it went quiet. We were good tenants, took great care of the house and garden and then all this crap at the end. Pah.

ThisisrealityGreg · 18/08/2017 13:15

Sorry meant to add my advice which was - put links to items of law (gov or shelter) in emails - lay it out very concisely but clearly. It will make him think twice about trying to shaft you over the deposit etc as he will know you won't let it lie.

honeyroar · 18/08/2017 13:16

I wouldn't want a bloke like that in my flat showing people around unless I was there. I would offer to show people round myself, and point out the defects, including the wanker letting agent.

Original poster
HarrietKettleWasHere · 18/08/2017 13:16

I wish there was a manager but it's just him and his brother in law... very small business.

He has been shockingly unprofessional though. im so angry.

OP posts:
Original poster
HarrietKettleWasHere · 18/08/2017 13:17

Fenella's email is good Smile

OP posts:
SantasLittleMonkeyButler · 18/08/2017 13:19

The ego has landed.

What a cock this man is. I would be tempted to reply to his "game" comment, with something along the lines of "as this is not a game for me, I will be unable to facilitate further viewings during the remaining days of our paid tenancy."

Also, is it normal to list the property as being available the very day after the current tenants are due to leave? Confused That seems to be putting huge trust in the current tenant to leave everything sparkling & spotless, and that nothing at all will need replacing/retouching/repairing etc. - even due to normal wear and tear. I'm not suggesting OP won't leave it all in perfect condition, but I would have expected at least a few days in between tenants.

thecapitalsunited · 18/08/2017 13:20

Papafran, I guess you know better than the government and HMRC then? You know the people who set the rules.

This is what they have to say about it:
If you live abroad for 6 months or more per year, you’re classed as a ‘non-resident landlord’ by HM Revenue and Customs (HMRC) - even if you’re a UK resident for tax purposes.

How you pay tax
You can get your rent either:

in full and pay tax through Self Assessment - if HMRC allows you to do this
with tax already deducted by your letting agent or tenant
Get your rent in full
If you want to pay tax on your rental income through Self Assessment, fill in form NRL1i and send it back to HMRC.

If your application is approved, HMRC will tell your letting agent or tenant not to deduct tax from your rent and you’ll need to declare your income in your Self Assessment tax return.

HMRC will not approve your application if your taxes aren’t up to date, for example you’re late with your tax returns or payments.
Get your rent with tax deducted
Your letting agent or tenant will:

deduct basic rate tax from your rent (after allowing for any expenses they’ve paid)
give you a certificate at the end of the tax year saying how much tax they’ve deducted
If you don’t have a letting agent and your tenant pays you more than £100 a week in rent, they’ll deduct the tax from their rent payments to you.

StarHeartDiamond · 18/08/2017 13:21

Not ever - I was sure that LL can access for maintenance works (giving 24 hrs notice of course). Is it really the case that a tenant could never, ever allowed LL access in 20 or 25 years (if they rented that long) for maintenance checks?

GinIsIn · 18/08/2017 13:23

I have plenty more where that came from! What a twat!!

GoldTippedFeather · 18/08/2017 13:24

Starheart - Given that rental agreements are normally 12 months and also often have break clauses which allows either party to break the contract which a set amount of notice, there is unlikely ever to be a case where a landlord can not enter for years.