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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:
Jengnr · 13/05/2022 18:27

Tell them if they want you to pay directly they need to transfer the £90 in advance.

TheGoogleMum · 13/05/2022 18:30

If it must come from your account (I too am sceptical about this) ask them to pay you the £90 up front as you no longer trust them!

LoveSpringDaffs · 13/05/2022 18:38

Just tell her 'NO'. The can pay it, they're choosing not to. Their mistake, their problem. I'd be telling them that if I hear one more squeak about it, now it in the future, they'll be hearing from my solicitor.

we NEED a photo of your cheeky squeaky!!

PinkiOcelot · 13/05/2022 18:45

All this for a hamster?! What damage has it done to the property?!

AMegaPint · 13/05/2022 18:54

This reply has been deleted

This has been withdrawn at the user's request.

Technically they are 'allowed' to. If you allow them. It has to be at a convenient time and opportunity to the tenant. A tenant, by law, has a right to quiet enjoyment of their home, so you can say no. In that case they have to get a court order to enter the property. They cannot just enter it because they want to.

Saz12 · 13/05/2022 19:20

FFS, it’s a hamster! How much (in staff time) has following up this pathetic nonsense cost the EA...? Ridiculous. OP, of course you don’t pay the £90 bloody ££££!!!

dizzydizzydizzy · 13/05/2022 19:36

NoSquirrels · 13/05/2022 14:29

Are you in a big block? If the landlord is talking about the buildings management company then it sounds like a leasehold permission issue (permission to keep a pet, £90 admin fee) rather than insurance issue.

Estate agency should 100% pay this, not you. You asked/informed 3 times and received written permission. It’s their responsibility.

I’d be reminding them that the hamster and you have been resident for 12 months with no damage to property - and the landlord will lose more money reletting than £90.

This. I'm a landlord and if states no pets in my lease.

noirchatsdeux · 13/05/2022 21:24

Can't help thinking about what my French father always used to say: "Why do the British keep vermin as pets?"

NoSquirrels · 13/05/2022 23:17

Reply and give your bank details. State you’ll pay the fee as soon as the money is in your bank account as you cannot afford an unexpected payment up front.

It all sounds bollocks. The landlord should pay it as it’s their lease with the block management.

LovelyLovelyWarmCoffee · 14/05/2022 18:48

TBF now that the estate agent has admitted it was their fault I would pay the £90 and trust they would refund me. No need to be obstructive at this point.
we had similar when our landlord agreed to a rent reduction for a few month as they had to do building work, we still had to pay normal rent and would receive shortly after a transfer from the agents for the reduction amount.

Justbefair · 14/05/2022 19:04

For goodness sake, how does a hamster affect insurance? Awful how wording can be pulled apart to get money. Stick to your guns, it's ridiculous! X

Ldm88 · 14/05/2022 19:38

As an estate agent myself, I can confirm they messed up! Completely unprofessional of them to back down and deny. If they're a propertymark member/ARLA contact them. They act as an regulatory body the acts in the interests of the consumer.

ARLA will no doubt side with you and fine the agent for damages for stress caused.

Sorry you've had to go through this, not all us agents are bad. There are times when the snakey behaviour of a few complete shames me to be in a profession that I love!

yzed · 14/05/2022 23:47

I agree that the email from the estate agent "giving permission for your hamster" is poorly worded, but I think that's because s/he knew they were on dodgy ground, but wanted you to sign up for the tenancy and wanted a "wriggle-out" for later (so deliberately used unclear/ambiguous wording). BUT you were very clear, that you wanted permission for Hammy or you wouldn't sign/take the tenancy. Therefore I believe that the consensus ad idem (ie the agreement you both understood by the words used) was that Hammy's residence as well as yours was accepted. If the EA did something wrong in that, then it's something to be resolved between "them". And at their cost.

I'd guess their request for Hammy's personal details is so you can't introduce Hammy's offspring/friend, but I think the gender question is a step too far and you should only entertain it if they agree to pay (in advance) for a qualified veterinarian to certify that. (Yes, I'm being as serious as they are!)
NB if they go this far I'd suggest getting in touch with the local rag!

Meanwhile I think your instinct to resist the "advice" to lie about Hammy is probably very good.

However, the caveat to any of this is that you may not be offered a third year's tenancy agreement, and I'd suggest you get some free legal advice from a local group, so you can be prepared should you wish to stay.
Good Luck

KatieC0811 · 15/05/2022 09:45

I had something similar a few years ago!! My rabbits were in foster care because I didn't have an appropriate home myself to keep them in, so when I did eventually find one, I asked the letting agent, would we be allowed rabbits in the garden, I have 2 but they are in foster care ect he said oh yes that will be fine, the no pets thing is more about dogs, and I then asked AGAIN when we picked the keys up, yes yes that's all fine... so all excited I told the lovely lady who was fostering the brilliant news, moved in, texted my landlord (we did have minimal contact) to say that the fence was very unsteady (think it had a rotten post) and would she be able to organise someone to fix it, before we got the rabbits home (had planned about a month to settle in first) and she went bananas ! I told her that the letting agent said many times we would be allowed rabbits, that they would be appropriately caged with monitored garden time, ect but she had none of it and I had to let my bunnies find a completely new home :( I was heartbroken for months, but hated that house because of it and moved as soon as we could (signed 1year lease unfortunately)
Id just tell them you have gotten rid of your hamster, make sure it can't be seen from the front door or window, and they landlord has to give you notice to come in anyway (I think its just 24hr, but might be 48)
Definitely don't pay this £90

Bekstar · 15/05/2022 21:30

firstly check your tenancy agreement makr sure it doesnt say in there that you cant keep pets. id then just email the estate agent and advise that after speaking with your solicitor and viewing the email chain you are not paying the £90 as this was not mentioned at the time of the lease being signed and if nothing in your tenancy agreement says no pets and the emails where acknowledging you were fine to keep a hamster regardless of who did it. the estate agent acts on behalf of the landlord so this falls back on them. you have in no way broke your lease and had they said this in the first place then youd have maybe paid it back then.

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