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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:
pinkpirlie · 13/05/2022 15:33

Gosh - I'm glad I'm not their tenant...

We have 5 hamsters, 12 mice and a multimammate 😂

We have ours out free roaming regularly too.

They must be having a joke, it's not like a hamster is going to do any damage to the apartment so long as it is appropriately and securely housed.

How they can see that email and say it doesn't refer to the question about the hamster is nonsense. Just tell them what species hamster you have (point out there aren't different breeds!) And that you won't be paying the £90.

They would be very silly to evict over a hamster given you're a quality tenant, and as you're still in contract it would be highly unlikely a judge would sign an eviction order for you to be evicted for such a petty reason.

Theheartandtheshape · 13/05/2022 15:34

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

This is correct.

(😂)

OP posts:
MadeForThis · 13/05/2022 15:34

Don't pay anything unless it is in writing that they will refund the £90 or you can withhold it from next months rent.

Don't trust them.

johnd2 · 13/05/2022 15:34

Cross Post and haha wtf about you pay and they will refund, that sounds like a scam to me! Maybe they can sort their own mistakes out without involving you.

Theheartandtheshape · 13/05/2022 15:35

MadeForThis · 13/05/2022 15:34

Don't pay anything unless it is in writing that they will refund the £90 or you can withhold it from next months rent.

Don't trust them.

I told the manager that I'm concerned that even if I get this in writing, they might try to argue against the email like they did the email about the hamster!

OP posts:
JustAnotherOpinion21 · 13/05/2022 15:37

Absolutely don't pay anything

SolasAnla · 13/05/2022 15:37

Figstar4eva · 13/05/2022 14:14

I don't know how strict it is in the UK, I'm in the US, but the lease is your official document, anything agreed outside the lease, even in writing, is invalid. Not much help now but it should have been included in the lease. You can ask the agent to cover it and it does sound they f*** up but I think you might have to pay it.

Its an it depends situation.

Unless the OP's lease specifically excluded pets the contract was formed with a pre-contract "subject to" clause.

The OP entered into negotiations at the beginning of the contract with the intent to house the pet.

The OP got permission first and entered into the contract to house themselves and the pet as a package deal.

If the signed contract said no pets the OP should have crossed that section out or added in a reference to the pet. However lots of contracts have a boiler plate section which says each clause is independent.

The agent acts for the landlord, they are not a third party they are the LL employee.
So the agent is creating an additional part of the contract by giving permission.

Employee 1 gave permission, employee 2 is complaining about the permission, but its fixed at the the agents cost.

queenie2016 · 13/05/2022 15:37

Tell them to sort it out with the landlord from now on it's completely not your issue ! You've done your part been truthful and now they want you to pay because they somehow can't .... but they can refund you ? What a load of bs

Hereward1332 · 13/05/2022 15:37

Sounds like they are trying to hide their mistake from the landlord. What are the chances you'll pay and they 'forget' to refund you.

SamphirethePogoingStickerist · 13/05/2022 15:37

Theheartandtheshape · 13/05/2022 14:10

The estate agent employee said it's a "small admin fee".

OK. So they can't legallly charge you any admin fee - NONE AT ALL! Such things are specifically excluded

However, you landlord is not unreasonable in wanting her increased insurance costs to be covered by you. This is usually done via increased rent, as increasing the deposit is no longer allowed. The average amount seems to be hundreds of pounds a year.

So there you have both the swing and the roundabout of the changes that Shelter lobbied for!

england.shelter.org.uk/housing_advice/private_renting/letting_agent_fees_for_tenants

inews.co.uk/inews-lifestyle/homes-and-gardens/rent-home-pet-charge-landlord-law-explained-335627

If I were you I would try and talk directly to the landord and get that £90 in their hands as fast as possible. Make that your yearly agreement with them. It's either that or wait for them to issue you with a S21. And they would be right to as a hamster, any rodent, is one of the more destructive pets, should it cause any damage at all.

I am in inventory clerk and the worst pet damage I have ever seen was done by a hamster that escaped for a day or two. Far worse than anything by toddlers or even a Great Dane puppy!

So please don't lie. Pay the insurance fee. That way, should your hamster get out and cause some damage you and your LL and the block management will all be covered. And YES! Do ask that, as they made the initial error, the Agent makes the first payment., I can't hurt to try!

AskingforaBaskin · 13/05/2022 15:38

purpleme12 · 13/05/2022 14:46

Then that really well invalidate the landlords insurance as it's quite standard for there to be a stipulation saying it needs to be inspected every 6 months

Doesn't matter. She has the legal right to quiet enjoyment. Nobody can enter the OPs home without a court order.

Theheartandtheshape · 13/05/2022 15:39

SamphirethePogoingStickerist · 13/05/2022 15:37

OK. So they can't legallly charge you any admin fee - NONE AT ALL! Such things are specifically excluded

However, you landlord is not unreasonable in wanting her increased insurance costs to be covered by you. This is usually done via increased rent, as increasing the deposit is no longer allowed. The average amount seems to be hundreds of pounds a year.

So there you have both the swing and the roundabout of the changes that Shelter lobbied for!

england.shelter.org.uk/housing_advice/private_renting/letting_agent_fees_for_tenants

inews.co.uk/inews-lifestyle/homes-and-gardens/rent-home-pet-charge-landlord-law-explained-335627

If I were you I would try and talk directly to the landord and get that £90 in their hands as fast as possible. Make that your yearly agreement with them. It's either that or wait for them to issue you with a S21. And they would be right to as a hamster, any rodent, is one of the more destructive pets, should it cause any damage at all.

I am in inventory clerk and the worst pet damage I have ever seen was done by a hamster that escaped for a day or two. Far worse than anything by toddlers or even a Great Dane puppy!

So please don't lie. Pay the insurance fee. That way, should your hamster get out and cause some damage you and your LL and the block management will all be covered. And YES! Do ask that, as they made the initial error, the Agent makes the first payment., I can't hurt to try!

Sorry what is this? Why should my rent increase by £90 because I have a hamster I already had written permission to keep?

OP posts:
purpleme12 · 13/05/2022 15:40

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.

Nooooo don't pay.
She's admitted it's their mistake so now there's no reason to ask you to pay anyway!
Of course they could pay they can find a way they just don't want to

SamphirethePogoingStickerist · 13/05/2022 15:42

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.

Ah! Just saw that. I answered the phone mid posting.

I'd do that and trust them. I wouldn't follow the crap advice about witholding it from next month's rent - that would see a S21 winging its way to you, I would imagine!

Keep the emails, keep the name of the manager, pay the fee, send an email confirming it and that you expect the promised refund in good time.

And remember, £90 a year for this is far cheaper than most ways of getting a pet authorised, especially in a block of flats (I am assuming) where a rodent could do damage to more than one property.

Theheartandtheshape · 13/05/2022 15:42

Email update following phone call.

To think the estate agent should pay.
OP posts:
purpleme12 · 13/05/2022 15:42

@SamphirethePogoingStickerist but OP didn't lie!!

naomi81 · 13/05/2022 15:42

Have you read your contract? That's you read and signed

SarahSissions · 13/05/2022 15:42

The management company will have a generic pet policy written to cover mainly cats and dogs that will just want the animal to be identifiable so they can issue permission for that animal (rather than general permission for all animals) which is why they want breed and gender.

the admin fee is fairly typical to cover the work required by an individual property so it isn’t paid for by the whole block. It’s between you and the EA who pays it but it sounds like they are going to grant permission so I’d just give what they want.

I don’t know why when they woman suggested you move the cage for a photo you wouldn’t just yo avoid highlighting the issue again.

purpleme12 · 13/05/2022 15:44

I cannot believe these agents!
There's no way you should pay it if it's their error!
And no way you can trust them to refund you it either!

Nocutenamesleft · 13/05/2022 15:44

I used to be a lettings agent

Im almost certain there is no ‘clause’ in the insurance that a hamster would change!

I woild also get them to look at the admin fee. The only thing I could possibly think would be an admin fee for the new year contract

but if this had been me. It would of been my fault and I would take it on the chin. You’ve got written proof and all you have to say is how was I to know you hadn’t got confirmation that the landlord said it was ok.

they’re talking out of their ass basically.

SamphirethePogoingStickerist · 13/05/2022 15:44

Theheartandtheshape · 13/05/2022 15:39

Sorry what is this? Why should my rent increase by £90 because I have a hamster I already had written permission to keep?

This is the common sense approach rather than the standing on your perceived rights approach. I did supply links that explained what I meant.

The main difference is agreeing a compromise that is relatively cheap and remaining in the property or refusing and being given a no fault S21 because you have annoyed the landlord. Especially a landlord who has cause to be annoyed and is not being unreasonable.

SamphirethePogoingStickerist · 13/05/2022 15:45

purpleme12 · 13/05/2022 15:42

@SamphirethePogoingStickerist but OP didn't lie!!

And I didn't say she had!

But other posters suggested it... and other daft actions too!

pedropony76 · 13/05/2022 15:45

Soubriquet · 13/05/2022 14:24

If they are that insistent, say you rehomed the hamster and hide it every time.

We aren’t supposed to have a cat. The dogs are fine but the last tenant had a cat that weed on their new carpets.

Whenever we have a house inspection, we bundle them cat and all cat related products in the car and one person stays with the house whilst the other drives off with the cat.

4 years later, and they are still none the wiser.

My cat is fully litter trained. She has not ever weed on a carpet

I don’t know why this made me laugh so much😂

I’m just imagining one person staying at home for the inspection whilst one drives off with the cat🤣

Theheartandtheshape · 13/05/2022 15:46

SamphirethePogoingStickerist · 13/05/2022 15:44

This is the common sense approach rather than the standing on your perceived rights approach. I did supply links that explained what I meant.

The main difference is agreeing a compromise that is relatively cheap and remaining in the property or refusing and being given a no fault S21 because you have annoyed the landlord. Especially a landlord who has cause to be annoyed and is not being unreasonable.

So you're saying my landlord might evict me because my estate agent fucked up? And that it's legal to be made homeless because a landlord is "annoyed"?

OP posts:
SamphirethePogoingStickerist · 13/05/2022 15:49

Nocutenamesleft · 13/05/2022 15:44

I used to be a lettings agent

Im almost certain there is no ‘clause’ in the insurance that a hamster would change!

I woild also get them to look at the admin fee. The only thing I could possibly think would be an admin fee for the new year contract

but if this had been me. It would of been my fault and I would take it on the chin. You’ve got written proof and all you have to say is how was I to know you hadn’t got confirmation that the landlord said it was ok.

they’re talking out of their ass basically.

Yes, the Agent is.

But the Landlord has a point. And OP will need to make this issue go away for the landlord to be able to relaxe about it. The Agent's email seems reasonable to me. They are owning the error.

They are still asking for a banned fee though. So OP could just say no.

But then the landlord will be entitled to increase the rent a little bit more than they would have done otherwise. Which will cost more in the long run. Or to issue a S21 and get a tenant without a pet, as per the various isues raised.

OP has choices.

As does the landlord!