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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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notevernotnevernotnohow · 18/08/2017 13:26

Yes. But why would a ll keep renewing the lease if they wanted to do checks and they had a tenant who refused? They wouldn't.

Very few tenants would or do refuse reasonable requests from landlords. If you are respectful of your tenants and their rights, you will usually find they treat you and your rights in the same way. Ask nicely and you will find them accommodating, after all maintenance is in the interest of the tenants as well as the landlord.

But no, of course you cannot say "I am coming in to the property in 24 hours whether you like it or not". You must never access the house without the express permission of the tenant unless it is an actual emergency where you absolutely have to (gas leak, fire, flood etc).

ThymeLordIsSpartacus · 18/08/2017 13:26

It isn't likely that a tenancy would go on, uninterrupted, for 20-25 years but in theory, yes. It isn't the landlords home anymore, that's what so many LLs fail to grasp. It might be their bricks and mortar but it isn't their home and they therefore have no right to come and go as they please.

ThymeLordIsSpartacus · 18/08/2017 13:27

Xpost with GoldTippedFeather

notapizzaeater · 18/08/2017 13:29

Have you an email,for the landlord, I'd be cc'ing her in it.

AdalindSchade · 18/08/2017 13:31

star

Landlords can do these checks in between tenants if they happen to have a tenant who won't allow access. That's really rare and usually when landlords or agents have abused the tenant's goodwill and imposed upon them.

demirose87 · 18/08/2017 13:32

They can't do this, even while you're in the property as it's an invasion of privacy. I was meant to view a house a while ago, the letting agency got in touch and said we're really sorry but the tenant hasn't left yet so we will arrange a viewing when it is vacant.

Puzzledandpissedoff · 18/08/2017 13:32

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

Then they're taking a hell of a chance in using a letting agent who's doing it as a "sideline". I know this isn't your problem, but it bears saying that you're obviously a decent tenant ... whereas an agent like this might very well have let it to the tenants from hell just to save themselves some initial work and get the place occupied Hmm

Alpacaandgo · 18/08/2017 13:44

They are being a knob, you have been accomodating in offering alternative times more convenient to you, and as you live there you are priority. They have to give a minimum of 24 hours notice. That doesnt mean that as long as they tell you 24 hours before they can just access regardless. Thats not how it works! However, be careful. They can't legally hold your deposit back for this. But they will more than likely come up with something for which to hold onto your deposit. If they are that arsey in their emails to you, I'll be surprised if they return your full deposit. Letting agents in the UK are generally, in my experience, a different breed of person to the rest of society iyswim.

horsesforcorses · 18/08/2017 13:44

What a dick 🙄

BreakfastAtSquiffanys · 18/08/2017 13:45

i think the agent''s use of the word "game" is a typo.

I suspect he is saying this is the SAME for all agents...

Original poster
HarrietKettleWasHere · 18/08/2017 13:52

It doesn't say anything about professional carpet clean actually! Cheeky bastard trying it on

Is the letting agent being an absolute twat here?
OP posts:
Original poster
HarrietKettleWasHere · 18/08/2017 14:16

Have hit him with laws outlined from shelter website and reminded him that we could change the locks until the 30th sept if we so choose.

Will see what he comes back with. Arrogant twat.

OP posts:
BreakfastAtSquiffanys · 18/08/2017 14:23

He's being very stupid.
He knows damn well what the rules are.

If he had just accepted the viewing that you agreed, instead of pushing for more, now he's not going to get ANY viewings

AdalindSchade · 18/08/2017 14:29

It's very possible that he doesn't know the law actually. There is no accreditation or training necessary to become a letting agent and I'm convinced that some of the wideboy chancers in the industry I've come across had no knowledge other than how to bullshit and coerce money out of people.
Lettings needs to be regulated and agents need to take professional courses before practicing but no government really gives a crap about renters so this will never happen.

notevernotnevernotnohow · 18/08/2017 14:32

The clause about using a specific company is bogus as well, they absolutely cannot make you do that. It's probably some friend or relatives company anyway!

AdalindSchade · 18/08/2017 14:49

Yep absolutely correct. Remember all you need to do is restore to original condition less wear and tear. If you do that they cannot deduct deposit.

MaverickSnoopy · 18/08/2017 15:14

I love the solidarity on MN - it's fantastic!

DH does sound a bit wet but actually he's kinda trying to do you a favour. When angry I certainly send emails that whilst good, could be amazing if less angry. That being said this LA needs dealing with or else this will escalate.

When we rented (moved in with family and then got mortgage after so no reference needed) we had problems towards the end of our tenancy. As a result the LL tried to deduct from our deposit (after paying it all back!) for not cleaning as per the contract had said - we had. Keep all receipts and follow the contract to the letter. One thing that did jump out is whilst the contract doesn't specify cleaning the carpets, it does say to clean the flat, so surely that includes the carpets? Not sure whether or not to discuss it now or not. FYI take photos of everything before you leave. Our LL wanted to deduct deposit for dust in the radiator that was painted shut. The dust would have been really far down inside with no way of getting to it without taking the radiator apart Hmm

Sounds like he wants to screw you over in some capacity. Triple check everything.

kali110 · 18/08/2017 15:19

I'd tell him to brush up his law. I'd try to contAct the ll too, see if she knows what cowboys she's hired.

silentpool · 18/08/2017 15:20

When we were last in the situation, I told the one letting agent when I would consider doing viewings. I told him no last minute viewings would be entertained, no evenings and no weekends. I reminded him that he could have a tenant who sold the place or a tenant who criticised the place during the viewings. His choice. He accepted my terms. I texted him when the rude other agent booked a viewing so he could get his people in first. It went on the first day, so good a sales job was done by me!

crazyhorses3 · 18/08/2017 15:21

As an ex landlord and now a tenant, no they certainly don't have the right to enter your property without 24 hours notice. If it's not convenient for you, it is not convenient. You sound like very reasonable tenants, they should be grateful. i wanted to view a property recently and was put off twice, once an hour beforehand because the tenant had not agreed to the viewing in time. Is it possible you can contact the landlord to complain about the agency?

Original poster
HarrietKettleWasHere · 18/08/2017 15:21

I have a response!!!!!

Is the letting agent being an absolute twat here?
OP posts:
crazyhorses3 · 18/08/2017 15:24

P.S. Make sure you are present at viewings and drop lots of hints about how appalling everything is. Why should you help the agent when he treats you like shit?

FizzyGreenWater · 18/08/2017 15:24

Don''t worry too much about losing deposit.

Make sure you take pictures of EVERYTHING and make sure as much as you can that anything amiss is documented. Then if you feel they've docked stuff which can be said to be fair wear and tear, then you simply open a dispute with the deposit agency. You'll probably get it all back!

We had similar, but argument about replacing certain items which were damaged before end of tenancy. We said wear and tear, they said damage and wanted to replace NEW at our expense. I sweetly said, ahh let's not argue, I'm happy to just open a dispute with the deposit scheme and they can decide. Letting agent quickly advised landlord to drop the subject :)

MrsOverTheRoad · 18/08/2017 15:25

They can't even spell "suits"

Wanker.

pigsDOfly · 18/08/2017 15:26

He sounds dodgy OP. He cannot insist you have the carpets professionally cleaned and threaten to withhold some of your deposit if you don't do it.

Your deposit, by law, should have been placed with the deposit protection scheme. In order for the LL to retain part or all of it they need to prove to the dps that there is good reason. Not having the carpets professionally cleaned will not be sufficient reason.

If your deposit has not been placed with the dps the LL can be prosecuted and fined.