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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to withhold rent on the basis I haven't been allowed to access my postbox or balcony for 3 weeks?!

37 replies

PWalkLady · 18/09/2017 21:20

I moved into my flat which I am renting 3 weeks ago. I have asked the estate agent on numerous occasions to supply keys to the mail box and the balcony but no action has been taken. In addition I should have an allocated parking slot and have not been given a parking permit. The company managing the car park will be serving penalty notices from Friday for cars without a permit. I have been fobbed off by the estate agent telling me that the previous tenant should have posted it to me. I have no idea if she has since I have no access to my mailbox. I'm going to get a locksmith to change the lock on the mail box. I want to deduct the costs from the rent. I have put the estate agent on notice that this is my intention and I have not had any objection. Am I within my rights to do this? Thanks for your help

OP posts:
XJerseyGirlX · 19/09/2017 14:29

Most tenancies have some sort of clause that says if you have a specific issue then you need to give them a certain amount of time to sort it out. You cant just decide not to pay rent, that would be you breaching your T&C's.

araiwa · 19/09/2017 14:29

No id tell them to contact the agent as they deal with the property, not me

Wheresmytaco · 19/09/2017 14:33

Bearing in mind the op has been doing this for theee weeks and now considering withholding rent which will eventually force eviction and potentially a loss of rent, her landlord would probably save a lot of of time and trouble by dealing with his or her agency. Luckily most landlords comprehend this and if you deal with them directly don't act like nobs

Redpony1 · 19/09/2017 14:35

You sound like hard work!! I hate bad service as much as the next person but jeeeez you are going about it all the wrong way.

The landlord pays the agent to deal with people so that they don't have to. The agent needs to sort this. Go in & see them - it makes a bigger impact than a telephone call.

FuzzyOwl · 19/09/2017 14:36

if a tenant contacted me as landlord, i would tell them to talk to the agent. I pay the agent so i dont have to deal with tenants

I am a landlord and if my tenant contacted me about this, I would forward their letter or email to the letting agency and tell them to deal with it. However, I would copy the tenant in and chase up the agent to make sure it was done.

Agencies do tend to be fairly rubbish but this is what they are paid to do.

maxthemartian · 19/09/2017 14:37

You don't sound like hard work, you sound justifiably pissed off!

I say this as a landlord, I'd be livid if my letting agency was that inefficient and I'd want to know.

araiwa · 19/09/2017 14:47

The agency have been rubbish, i agree, but its their responsibility to deal with it. Trying to contact the landlord is wasting time and effort better soent dealing with the agent.

Agent- where are the keys? When can i expect to be able to have them? If you fail that deadline for whatever reason what will be done to resolve it asap. What is the process for getting a new permit by friday? Usually showing your tenancy agreement and proof of vehicle to the building officer/ parking people is enough to get one

alfie27 · 19/09/2017 15:23

I am sure many tenants have had a bad experience at some time of landlords and agents alike. But I am a landlord (in a small way) and if my appointed agent was messing my tenant about, I'd be straight onto it. Can't afford to have a tenant upset, let alone withholding rent, when I've paid the agent both to find me that tenant and to manage any property issues, as I live a considerable distance away now. That agent would be getting a seriously p'd off call and email from me, telling them to sort it today or lose the agency contract. And even if they did pull their finger out, at renewal they'll risk losing the contract anyway because there's no shortage of other agents keen for the opportunity to prove they could provide a better service.

lalalalyra · 19/09/2017 15:36

Any landlord who'd react to this by only telling the tenant to contact the agent is a) adding to the bad name ll's have and b) obviously ignorant of the fact that THEY are ultimately responsible for their tenants, not the agent.

OP if you LL is halfway decent then they'll be horrified that you've had to get in touch with them. I had no idea how shit the agent I used to use was until one of my tenants sent me a letter (after taking advice from shelter) that if x, y and z repairs weren't done they'd be withholding rent as it was a safety issue. I was horrified and dealt with it instantly. Any decent ll would.

Contact them directly. Explain that you've been chasing this since you moved in.

Motoko · 19/09/2017 16:21

araiwa
You do realise, that as the LL, YOU are ultimately responsible, so if the agent didn't put the deposit in a protection scheme, or didn't get the annual gas safe check done, it would be YOU who would be taken to court and have to pay the fines.

OP, Shelter have information about withholding rent on their website. There is a procedure you need to go through. Shelter are the experts on housing, whereas CAB sometimes get things wrong.

MiraiDevant · 20/09/2017 09:35

Agree with previous pps' advice. Contact LL direct. You should have his address on your contract.

Go in to agency and speak to the manager or the owner, (many are franchises and an owner might only have one or two branches).

Detail everything in writing.

Contact car park enforcement company - sometimes they will not allow parking or revoke a fine as they don't have the authority to allow people to park without a permit - whatever the circumstances. Insist the agent arranges a temporary permit if necessary.

Explain that you have urgent mail in the postbox and need to have access to it so will be arranging a locksmith to open it - at the landlord's expense.

Is the balcony also a safety issue - a fire escape?

If necessary explain that you will have to leave as you cannot live in a place without post, parking or a balcony that you have paid for. (And do check that the deposit is in a TDS)

MiraiDevant · 25/09/2017 08:53

Any developments OP? Just curious.

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