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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think the estate agent should pay.

115 replies

Theheartandtheshape · 13/05/2022 13:48

Moved in 1 year ago and have been such a good tenant that I've just signed for another 12 months at the same rate.

I don't have any contact with the landlord, it is all done via the estate agent.

Before I moved in, I mentioned on the offer form that I have a hamster. I had permission verbally confirmed by the estate agent at the viewing. I followed this up with an email before signing the lease, stating that I wanted to bring my hamster with me, that I had verbal permission but I wanted to check this was OK before signing. The response was "Yes this is correct". The entire content of my email was about the hamster, there were no other questions or issues that "yes this is correct" could have referred to.

I had an inspection 1 week ago and the woman contracted to do the inspection even asked if I wanted to hide the hamster from the photos. I said no, it's all above board, I have consent.

Received an email today from the estate agent from quite a snotty woman who told me that the landlord was concerned seeing the photos, as she was unaware of the hamster and it might invalidate her insurance. The buildings management company have said she needs to pay them £90. I explained that I had permission from the estate agent to keep the hamster and there is no way I'm paying £90. The woman said I have to pay or get rid of my pet.

I forwarded the email chain where the estate agent confirmed permission for a hamster, and the estate agent is now doubling down and saying that because the email doesn't say "the landlord has given permission" it isn't legally binding.

This seems insane and a semantic argument to me.

My view is the estate agent fucked up by not informing the landlord, clearly their employee wanted me to sign the lease last year and didn't speak to the landlord to get permission for the hamster first.

I feel misled, stressed and angry that the landlord will now be angry at me. I also don't have £90.

I've asked the manager to contact me. I hate conflict. Do you think the estate agent should pay the fee, and apologise to me and the landlord?

OP posts:
purpleme12 · 13/05/2022 14:54

It's quite lawful for let property insurance to say it needs to be inspected every 6 months

AMegaPint · 13/05/2022 14:55

@purpleme12 Tenants only have to allow entry for emergencies or repairs. That is the law and it trumps any stipulations for 6 month checks in the tenancy agreement.

Theheartandtheshape · 13/05/2022 14:58

I've just had this email. What do I do, ignore it? I asked to speak to the manager and she didn't reply to that email. I feel that they're trying to add this to the tenancy agreement to justify charging me the admin fee and if I provide the information I won't be able to avoid it.

"The landlord has asked if you could provide the following information as requested by the block management company, while negotiations are ongoing.

“In order for formal agreement to be issued to you (as the owner of the flat), please provide confirmation on the type/breed and sex of the hamster so that this can be added to the agreement document.”

Kind Regards"

Sex of the hamster. Surely this is satire?

OP posts:
purpleme12 · 13/05/2022 14:59

AMegaPint · 13/05/2022 14:55

@purpleme12 Tenants only have to allow entry for emergencies or repairs. That is the law and it trumps any stipulations for 6 month checks in the tenancy agreement.

I wasn't referring to the tenancy agreement. As per my post I was referring to the let property insurance.

ThereIsNoSuchThingAsRoadTax · 13/05/2022 15:01

If you have just signed a new 12 month agreement, there is nothing at all they can do if you simply refuse to pay them this nonsense fee (except issue a section 21 at the end of the tenancy). Tell them to bugger off and stop contacting you about it.

AMegaPint · 13/05/2022 15:01

@purpleme12 regardless of what you said, the stipulation you speak of in an insurance agreement as well as a tenancy agreement does not over ride the law.

ChocolateDeficitDisorder · 13/05/2022 15:01

Sex of the hamster. Surely this is satire?

Non-binary 'They/them'

Arewethebadguys · 13/05/2022 15:04

ChickensandCows · 13/05/2022 14:10

Just keep saying no. Then if they keep on arguing just say you've got rid of the hamster and just hide it everytime they want to check. What kind of insurance would be invalidated by a hamster?

Brilliant! Great advice I'm chuckling away here!

Hamdemnity claws 🤭

Theheartandtheshape · 13/05/2022 15:09

These are the emails... totally bizarre.

To think the estate agent should pay.
To think the estate agent should pay.
To think the estate agent should pay.
OP posts:
purpleme12 · 13/05/2022 15:13

Eh?! That last email says no permission was given! But the other email does give permission!!

Theheartandtheshape · 13/05/2022 15:14

purpleme12 · 13/05/2022 15:13

Eh?! That last email says no permission was given! But the other email does give permission!!

I know. That's when I asked for her to get the manager to contact me, as I couldn't understand why she was arguing against facts.

OP posts:
purpleme12 · 13/05/2022 15:18

Wow I can't believe how obtuse they're being

ChilledScandi · 13/05/2022 15:18

ChickensandCows · 13/05/2022 14:10

Just keep saying no. Then if they keep on arguing just say you've got rid of the hamster and just hide it everytime they want to check. What kind of insurance would be invalidated by a hamster?

I had a hamster once who escaped. It ruined half of our house. Hid behind the walls and bit of cables, used bits of the carpet and sofa for a nest or God knows what.. My mum was NOT happy! 😂 Caught it after a couple of weeks, it had escaped to one of our neighbours garden where he found it..

TheNoodlesIncident · 13/05/2022 15:18

TheUndoingProject · 13/05/2022 14:36

The estate agent is being ridiculous. They are your landlord’s agent i.e they are authorised to act on the landlord’s behalf. You are perfectly entitled to assume that they are acting within the bounds of
their agreement with the landlord and that when they gave you consent that you could rely on it. Otherwise you would have to check every single they told you/document they sent you with the landlord directly.

I’d tell them that you had consent for the hamster and that if they have acted out with the bounds of their agreement with the landlord that is their issue to fix, not yours. What more could have reasonably done?

I agree with all of this post - the EA is acting on behalf of the LL. If they neglect to inform the LL about the hamster's presence that's on them. They haven't got a leg to stand on. Good thing you have their "permission" in writing, it was very sensible of you to obtain that as they cannot realistically state that they were unaware and didn't give permission. Idiots!

I feel sorry for you, this kind of crap is one of the worst things about renting. I had two pets (birds) in one rental, then there was a change of agent and the new one said I wasn't allowed pets! What was I supposed to do with them?!

notagamer · 13/05/2022 15:18

Most home insurance policies do NOT cover damage caused by rodents

BlackHillsofDakota · 13/05/2022 15:19

They cant charge an admin fee under the tenant fee ban, just tell them that!

WiddlinDiddlin · 13/05/2022 15:20

A verbal agreement IS legally binding in the UK.

It's hard to prove, but it is legal.

I'd argue the toss with them back and forth, there is no evidence of them saying NO to the hamster which youd think they would have if it was a no.

You would also think if this insurance admin whatever fee were real, that would have been mentioned when the hamster was mentioned.

String them along as long as possible then tell them that the non binary hamster called Hamster whose breed is whatever the latin name for his species... died last week.

notagamer · 13/05/2022 15:20

And standard home insurance polices in the main exclude damage caused by ANY pets

The owner is totally correct and on the all

Theheartandtheshape · 13/05/2022 15:20

TheNoodlesIncident · 13/05/2022 15:18

I agree with all of this post - the EA is acting on behalf of the LL. If they neglect to inform the LL about the hamster's presence that's on them. They haven't got a leg to stand on. Good thing you have their "permission" in writing, it was very sensible of you to obtain that as they cannot realistically state that they were unaware and didn't give permission. Idiots!

I feel sorry for you, this kind of crap is one of the worst things about renting. I had two pets (birds) in one rental, then there was a change of agent and the new one said I wasn't allowed pets! What was I supposed to do with them?!

Unfortunately they're still arguing that they didn't give permission. I posted the emails above. Madness.

OP posts:
Theheartandtheshape · 13/05/2022 15:21

String them along as long as possible then tell them that the non binary hamster called Hamster whose breed is whatever the latin name for his species... died last week.

😂

OP posts:
AlmostAJillSandwich · 13/05/2022 15:21

Could we maybe possibly have a piccy of this little darling? I'm owned by 2 hammys currently Grin

TheNoodlesIncident · 13/05/2022 15:28

Actually, looking at your emails, the second one doesn't seem to be relating to the hamster at all, but it's not clear what they were saying "this is correct" about? I would have asked for clarification about that, as it doesn't seem to be connected in any discernible way?

Does the second email begin with a reference to your email of whatever date, so they would be acknowledging receipt that way?

purpleme12 · 13/05/2022 15:30

Surely they're saying that is correct that the hamster is not a problem. I'm assuming it's replying to the first email

Theheartandtheshape · 13/05/2022 15:32

Update!

Manager called and stated that my offer form asked permission and the emails were evidence. Apologised.

But she said they can't pay the management company directly and I'll have to pay the fee, then the estate agent will refund me.

Not happy. I suggested the landlord pay the company and the agent refund the landlord. But they didn't go for that.

OP posts:
johnd2 · 13/05/2022 15:33

What rubbish from the agent, but don't get involved with their antics.
So you are being unreasonable to expect apologies and whether they pay or whoever does it not your concern. A flying Eagle can pay in kroner for all you care.
All you want to do is carry on with your tenancy as agreed. They are tying themselves up in knots trying to make their mistake your problem, just tell them not to get in touch about it again or you will consider it harassment which is against the law.