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.

He obviously didn't read the links I sent and is just quoting his crappy illegal clause

Just keep re-iterating that you no longer give your permission for them to enter the property during your tenancy.

You don't need to convince him of anything.

Just send Fenella's email. Then don't engage any further!

I think I will do that. I'm going over DP'a head.

"Like you, a lot of tenants work late and weekends"

"Well, that really doesnt sound like a "me" problem"

He can quote his clause any time he likes it doesnt overule the law.

Just remind him of this and that you are not allowing viewing until the end of tennancy.

If he continues to harrass you I would go to CAB.

I'm so cross he actually made me doubt myself for a second but it is the law.

As an aside he is far nicer towards DP when he deals with him

You've had some really good advice, but there are a few points I need to pick up on:

RE: Carpets and cleaning

We were going to hire one of this rug doctor thingies as it's a fraction of the cost of professional cleaning.
Please don't use Rug Doctor if professional steam clean of carpets is a contractual requirement - it is not the same thing.

ThisisrealityGreg 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.

It's actually completely irrelevant whether your contract mentions professional cleaning or carpet cleaning- it is an entirely unenforcable clause. So many agents try it on, claiming they need to see receipts from professionals etc. They are talking out of their arses- you are obliged to return the house in the same state of cleanliness, but how it reaches that cleanliness is up to you. If you just need to do some standard cleaning when it's all packed up that's fine. THEY CANNOT DEMAND THAT IT IS PROFESSIONALLY CLEANED- regardless of any fake clauses they've tricked you into signing. Many know this (I have a sneaky suspicion ThisisrealityGreg's found out and then dropped it), although some are oblivious to all the laws- pretty ludicrous really when it's their line of work. (For what it's worth, they will struggle to withhold deposit based on cleanliness assuming that you really do leave it clean and clean things like the oven, cooker hood etc, as they need to show clear evidence that is is dirtier- they know this too but often threaten.)

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?

You don't need a reference from your letting agency for a mortgage. You absolutely should report him to everyone you can- that includes the landlord (address will be on the first page of your contract), as he is clearly a weasel.

Another thing that really pissed me off was him commenting on your washing up. You are allowed to keep the house as messy as you like, and agents/LLs have no right whatsoever to ask you to tidy up/wash up/keep it in any particular state of tidiness. They do have a right to expect you to keep it in a good state of repair (so keeping it aired to avoid damp, not cause undue damage, cleaning any stains at the end of tenancy etc)- but not to wash up.

Point out to him politely but firmly that you are unimpressed that either a) he doesn't understand the basic legalities surrounding the industry he works in or b) he does understand and is lying to others in the hope that he can bully them because they don't know their rights. He's bloody shit either way and is using bully tactics. Tell him that you will not be engaging with him whilst he continues to make false claims, and maybe send him a few links of where he can brush up on his understanding

Hmm, they're mostly wankers. Find a landlord who will deal with you direct. Best thing we ever did. We had the same stuff with our last leggings agent

*lettings not leggings lol

If you go on Trustpilot they have suspiciously AMAZING reviews...only about 8 but they are suspiciously gushing.

I have a draft paragraph from my husband who is a housing solicitor on this issue if you want it? It's what he sends out to knobby letting agents

Oh yes please hugo! If you wouldn't mind.

Your right to quiet enjoy is a right and not a choice for them.
If their times don't suit you you don't have to agree. Also if they let themselves in without your permission that's a damages claim right there.

I would send an email back saying you refuse to allow any viewings from now on due to the letting agents behaviour and professionalism.

Also your deposit may be protected in a scheme but if you weren't provided with all the paperwork including a small leaflet about the deposit schemes, if this is missing then you're deposit is not legally protected as you weren't given the prescribed information. If you check and you don't have that information then you would be able to claim 3x the deposit plus the deposit. That will knock him off his perch a bit!

Interesting what you say Perper. The landlords of the last rental property we lived in not only expected the curtains and carpets professionally cleaned but wanted the whole house professionally cleaned. The landlady texted me the number of a company she claimed to use a lot. They quoted me £300. I found a lady who did it for less than half but they were really angry I didn't use the company they recommended. They deducted the money from the deposit. They also deducted money for a professional company to 'fix' the garden which was utter bollocks as my dad had made sure it was in good shape. It's amazing what landlords can get away with.
Funnily enough we're now landlords i wouldn't have the brass neck to do that.

What an absolute shit stain of a person.

MissEliza Was your deposit in a protection scheme? Did you take pictures, keep receipts and disputed the deductions?

@MissEliza
Was your deposit in a protection scheme? Did you take pictures, keep receipts and disputed the deductions?

YANBU OP!

Yes your LA sounds like a twat to be honest. Foxtons or KFH?

I can't imagine you'd need a reference from a letting agent for a mortgage application. They'll just be interested in you being able to afford the monthly repayments (including after the rate goes up after your fixed period).

So be ready for intrusive questions about debt and how much you tend to spend each month. It might be an idea to look at that now to show that you could afford the rent on your flat (similar to mortgage repayments) and not go into arrears etc. Obviously your outgoings will be greatly reduced while living with parents.

btw, YANBU, your letting agent is a joke.

@MissEliza I'm afraid you were well and truly screwed over there! What bastards. Cannot believe they took your deposit- presumably it wasn't in a deposit protection scheme? If you'd contested it they would absolutely have had to back down as there is no chance in hell any deposit scheme would allow that (I know that doesn't help you now I'm afraid, but might help others reading this in the future!)

I remember in my last rented house (where at the beginning of the tenancy I told them they had multiple illegal and/or unenforceable clauses- they said 'well it's our standard contract so we won't change the wording, but if you think it's unenforceable then it doesn't matter anyway') they accidentally sent us the 'moving out' leaflet meant for landlords as well as the one for tenants. Tenant leaflet had the whole 'must be professionally cleaned, we can charge your deposit for any damage, must have hedges cut back etc etc. Landlord leaflet said outright that landlords could not expect to hold back any deposit except in extreme cases, as it was really difficult to convince the deposit protection scheme that it wasn't reasonable wear and tear etc. and that it wasn't worth pursuing. I left them both nicely laid out on the kitchen table for them

(They still tried it on claiming that we needed to pay for a professional gardener as the hedge was overgrown- emailed them back a before and after photo, showing that actually it was much neater, and politely said 'nope, don't even try that'.)

This has been so helpful as I really thought they could insist on carpet cleaning services and their own nominated cleaning company

hugo, does your husband have a case we can cite to support the proposition that a tenant can refuse access for all viewings? I would love to get something authoritative.

Quiet enjoyment isn't an absolute right. The landlord has a duty to ensure that the tenant remains free from any "substantial interference with the ordinary enjoyment of the premises" (Southwark LBC v Mills). There must be a "serious inconvenience" of a "grave and permanent nature" (Firth v BD Management Ltd).

The only reference I can find on the Citizens Advice website is "If your landlord wants to enter your home for any other reason, for example, to show round a new tenant, they can only do this with your agreement or in accordance with any reasonable term set out in your tenancy agreement." (e.g., 24 hours notice)
www.citizensadvice.org.uk/housing/renting-a-home/student-housing/students-in-private-rented-accommodation/student-housing-unacceptable-behaviour-by-your-landlord/

I've lived in 48 different addresses in my life. I have some experience of different types of,landlord.

Take exit photos of every inch of your property inside and out, and get signed statements and receipts from the end of tenancy cleaning companies you use.

You're in for a bumpy ride.

My advice is, both parties know the rules, and the landlord is just typically stretching them.
Keep your communications more blunt.
Remind him that if he enters without your permission he's acting illegally.

As stated before - a contractual term does not overrule a statutory right.