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Original poster

Being harrassed by landlord and agents - please help

80 replies

Stressedout1009 · 02/02/2022 11:40

Hi, I am really stressed out and anxious. We are in our notice period with an extreme bully of a landlord and fortunately we signed an agreement with a break clause. There has been a host of problems but we have finally given notice. The landlord has refused to give us a reference for our new rental and we were able to work around that.
The issue is the amount of agents he has handed over to who are harassing us with viewing requests. We have been very accommodating for the first month, however they have now become extremely frustrating. He has now handed it over to a new batch of agents who want to do videos and photographs. What are our rights wrt this? Do we have to allow it, and if so do they get to move and position our stuff around for the videos.
Im really at the end of it here, the agents are calling our work lines, phoning constantly and so aggressive. Yesterday, one wanted to know exactly what my reason is for not allowing a same day viewing and telling me to leave the key somewhere for him to come through on his own! Please help, I am in such a stressful situation.

OP posts:
IncompleteSenten · 02/02/2022 12:19

Or tell them they can have access after they have provided you with the things you have been asking for.

viques · 02/02/2022 12:21

@ponkydonkey

I'm a landlord

The have to give you 24hrs notice of viewings

Is you deposit with TDS? Scheme
Much easier to get your money back
Provide requests of repairs via email!
Or keep all correspondence
Take photos of the house the day you leave
Keep receipts of end of tenancy cleaning
And any repairs you paid for

They have to give you 24 hours notice of viewings

She does not have to agree to viewings at all no matter how much notice they offer.

Arabellla · 02/02/2022 12:22

@Horst

Contacts cannot override law so ignore whatever they feel like putting in it.

They have no right to enter the property without either your permission, an emergency such as water escape etc where they cannot get hold of you or a court order.

Tell them to piss off. Consider a cheap wifi camera or something that will send alarms incase they try their luck while you are out.

This
viques · 02/02/2022 12:23

If they didn’t do an inventory check in they are not going to be able to confirm what condition the property was in when you moved in, so if they claim you have damaged things they can’t prove it.

Own goal!

AnneLovesGilbert · 02/02/2022 12:23

Call shelter.

reenon · 02/02/2022 12:23

Change the locks. Easy to do, look at a youtube vid. Keep the original locks

Then when you move out, change them back again.

Perfectly legal to do.

givemepiece · 02/02/2022 12:24

OP I was going through something similar last year with an arsehole landlord and I remember the feeling of stress so I feel for you.

I would say, you are within your right to not allow viewings. Or, alternatively you could say you are happy for viewings Friday 2-4pm (whenever suits you) and refuse all others (though I probably wouldn't bother due to refusal of reference!)

As for your deposit I echo what PPs have said, I had to go through a dispute with the TDS as my landlord was claiming 1800 for repainting the whole of the downstairs due to smoke damage which was a load of crap as we didn't smoke. I provided photos and we won. In fact the TDS were quite scathing in their response to the landlord. The letting agents told me they usually come down on the side of the tenant and it showed!

DynamiteFilledRadish · 02/02/2022 12:28

If your contract says you will allow viewings, your statutory (set in law) right to quiet enjoyment trumps that so you can still refuse viewings but, in theory, you might be liable for the landlord's losses if it delays the property being let

This is not true and it is out of order to state it as fact. The OP would absolutely not be liable for "losses".

DynamiteFilledRadish · 02/02/2022 12:30

@ponkydonkey

I'm a landlord

The have to give you 24hrs notice of viewings

Is you deposit with TDS? Scheme
Much easier to get your money back
Provide requests of repairs via email!
Or keep all correspondence
Take photos of the house the day you leave
Keep receipts of end of tenancy cleaning
And any repairs you paid for

It is worrying that you say you are a landlord but then claim "they have to give you 24 hours notice of viewings". That is totally incorrect.
KarenTheGammonRemoaner · 02/02/2022 12:30

Oh my goodness. Firstly cut as many lines of communication for these agents as you can. Block their numbers or leave dead air when they call. As for calling your work surely you can ask they stop this with good cause?

Sounds absurd. I'd tell them to F-off. "Can I come into your home alone?" how about no!

KarenTheGammonRemoaner · 02/02/2022 12:30

@DynamiteFilledRadish

If your contract says you will allow viewings, your statutory (set in law) right to quiet enjoyment trumps that so you can still refuse viewings but, in theory, you might be liable for the landlord's losses if it delays the property being let

This is not true and it is out of order to state it as fact. The OP would absolutely not be liable for "losses".

She said "might" to be fair. Perhaps a good lawyer could wrangle this.
SamphiretheStickerist · 02/02/2022 12:32

We have it in written record asking for an inventory check in which they haven't provided,

Then sit down and sing halllelujah. I am in inventory clerk, I make those reports evey day. If they haven't provided you with one DO NO ASK FOR ONE. Keep your email and any chasing up you did at the beinning of your tenancy. Then, if/when they try to claim for any dilapidations throw it straight to arbitration, making it very clear that depsite having asked for an ingoing ionventory none was provided at any point during your tenancy.

All they will have claim for then is a reasonable state of repair and cleanliness.

Do you have the deposit certificate and was it issued quickly enough?

Do you have an EPC? An electric and gas safety certificate, that are in date?

Do you have smoke and /or CO alarms?

What else might your LL have been lax over?

Original poster
Stressedout1009 · 02/02/2022 12:33

The agent (a major one) has been extremely dodgy as well. They claim to have done the inventory check in and such but have not sent us anything. I am so stuck as what to do about the video viewings. Can I refuse? Legally what will happen to me. I am extremely stressed as I have moved to the UK recently and feel so vulnerable about not knowing the rules and laws here.

OP posts:
lonelyapple · 02/02/2022 12:33

Call Shelter. 0808 800 4444. He has to protect your deposit and can't just withhold it.

Report him to HMRC as he might not be declaring the rental income. You can do this online anonymously.

ponkydonkey · 02/02/2022 12:35

@DynamiteFilledRadish that's what it says on my tenancy agreement

Estate agents must give 24 hours notice of any viewings, as long as they are convenient for the tenant!

Meaning: they can't ask on the day!

Usually I just arrange a few viewings on one day. When tenants are out.
But I do have lovely tenants who trust me 😀

ponkydonkey · 02/02/2022 12:37

If there is no inventory they can't really claim for damages can they?

You would have been required to sign the inventory the day you moved in!

This is a good source of advice from the government,

www.gov.uk/private-renting

JustLyra · 02/02/2022 12:38

@Stressedout1009

Thank you all for replying. I looked through my rental agreement and it does have a clause for re letting the property where they state that they will be entitled to take photos. This is why I am unclear what my rights are. I haven't yet signed my new tenancy agreement but have passed reference checks. I am so stressed, we had a leaking toilet which was unusable for a month and I had to privately pay 120 to have it fixed because I have 2 children who need to use it. This horrible man has ignored all requests for sorting this out.
You don't have to allow viewings at all. And you don't have to allow agents in.

It's not an enforcable clause in the contract - I could stick in the contract that my tenants have to make me dinner every WEdnesday, but it wouldn't mean anything as it's not legally enforcable.

Original poster
Stressedout1009 · 02/02/2022 12:40

I have just checked, it is with TDS Scheme.

The EPC certificate assessment date is November 2017.

OP posts:
JustLyra · 02/02/2022 12:40

@Stressedout1009

The agent (a major one) has been extremely dodgy as well. They claim to have done the inventory check in and such but have not sent us anything. I am so stuck as what to do about the video viewings. Can I refuse? Legally what will happen to me. I am extremely stressed as I have moved to the UK recently and feel so vulnerable about not knowing the rules and laws here.
Nothing will happen to you. All that would happen would be that the landlord could go to court and try and make the court force you to allow viewings. By the time he got near court you'll be gone anyway, and it's not even remotely guaranteed that the court would allow it.

An inventory check in that you haven't signed or agreed is a waste of paper.

Do you have the reference for your deposit? Is it protected?

chesirecat99 · 02/02/2022 12:41

If we refuse these photography and videos can he withhold our deposit as we would be breaching the agreement?

The deposit schemes can only adjudicate on lawful deductions from the deposit - outstanding rent and deductions for damages. In theory, the landlord could take you to court for lost rent if you refuse viewings and that delays the property being let (eg if you refuse viewings in the last month, he could claim up to a month's rent if the property isn't let for a month after you leave). I dont think it has ever happened in the UK though.

You should have reported the leaking toilet to environmental health, who would have forced him to fix it as it is a health hazard. You should be able to get the money back through the small claims court if you have evidence that he refused to fix it within a reasonable time frame.

Cissyandflora · 02/02/2022 12:41

@Stressedout1009

The agent (a major one) has been extremely dodgy as well. They claim to have done the inventory check in and such but have not sent us anything. I am so stuck as what to do about the video viewings. Can I refuse? Legally what will happen to me. I am extremely stressed as I have moved to the UK recently and feel so vulnerable about not knowing the rules and laws here.
Oh my goodness you sound like me! Terrible landlord. Break clause. Agents. Dishonesty. Wanting to pop over regularly. I feel vulnerable too. It’s disgusting. And no inventory check. We paid through major agent beginning with F. I’m expecting more hell to follow. Been here two months. Has mice and moth damage. Both problems in the house for years. Landlord quotes something at me saying i am liable to pay for these to be treated! And rental cost well above what is normal for the property but we were desperate. Sorry to jump on your thread op but i have identical issue. The landlord is vile and grasping.
JustLyra · 02/02/2022 12:42

@Stressedout1009

I have just checked, it is with TDS Scheme.

The EPC certificate assessment date is November 2017.

That's good. That means anything he wants to take from your deposit will have to go through TDS. They will want proof from him of a proper inventory, which if you haven't seen it or signed it he doesn't have. They will also make sure that anything he is trying to claim isn't betterment either (if you claim from a tenant for a 12 year old carpet you get the value of a 12 year old carpet - not a brand new carpet, for example).

Do you have a gas safety check?

viques · 02/02/2022 12:43

@Stressedout1009

I have tried calling Citizens Advice and held on for so long. Anyone else I could try? Thank you all. We were bullied into agreeing to these videos scheduled for Friday, as I wasn't sure we were allowed to refuse. We have it in written record asking for an inventory check in which they haven't provided, they were meant to do some repairs which were not done till date which is also in the contract. I am just worried as after investigating this landlord, we have found out that he is a violent man and a very wealthy one at that.
Email the agent today. Say

“ As from today’s date I am withdrawing consent for all videos, photographs or further viewings as upon consideration I have decided that allowing any of the above will interfere with my legal right to quiet enjoyment of my home. “

BaronessBomburst · 02/02/2022 12:43

This sounds like DW in a town on the south coast.......

ponkydonkey · 02/02/2022 12:45

@Stressedout1009

I have just checked, it is with TDS Scheme.

The EPC certificate assessment date is November 2017.

TDS is good 😊 It's fair and you can provide evidence online if needed

Inventory should have been signed by you. So if you didn't sign one it doesn't exist.

Tell estate agents you'll phone the manager and complain if the keep harassing you.
Make clear dates and times they can do block viewings.

And breathe 😀
You'll be fine, they are just desperate to get viewings in as there's not much on the market at the moment.