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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Estate agents in the wrong? Evicted tenants organising surveyor?!

75 replies

Movingmumof3 · 07/10/2023 11:05

Hi everyone - looking for some advice from the perspective of a family being evicted from their rented home.

Long post, sorry in advance!

Bit of background, family of 5 moved into rented home 2 years ago now via letting agents. 18 month tenancy which moved into rolling in March 2023. Initially when we met the landlord, he told us he was hoping we would be in here long term which was perfect. 17 months into tenancy we were advised that landlord decided to put house market as he wanted to build an extension on his house in Australia - this came as a complete blow after hoping we’d be here for longer than this.

Various sporadic viewings which we always accommodated apart from twice when we were actually on holiday but estate agents hounded us on both holidays to try and schedule the viewings whilst we were not there which we did not allow. One of the agents in particular has been exceptionally rude on many occasions and physically brought me to tears multiple times and genuinely ruined my holidays if I’m being honest.

An offer was finally accepted in August and we were served notice which gave us until 4th November, we’ve found alternate accommodation and pick up keys next week so we are in the process of trying to pack up ready for the move.

Now this is where I reach the AIBU part, after everything we feel we’ve already dealt with, not heard anything from the Estate Agents since being served notice. Now the rude agent is again hounding us advising that we ourselves need to contact and arrange the surveyor appointment for the sale, now I know that our availability needs to be taken into account BUT to physically have to arrange the whole thing as the tenants being evicted feels very unreasonable and I’m not sure how to respond - would my deposit be at risk if I don’t give into their demands on us?

I’m not saying I wouldn’t allow the surveyor in just that I don’t feel I should be the one to organise it when DH and I both work full time, 3 kids and trying to pack/organise a move.

Any advice is greatly appreciated.

OP posts:
BBno4 · 07/10/2023 11:07

The estate agents can fuck off. Dont do a single thing until you leave.

sodthesodoff · 07/10/2023 11:08

Presumably he just means he wants you to sort out what date is best with the surveyor.

You've kicked off before at times not being suitable. If you organise it surely it's better as you can do it for when suits you?

Sounds like he's just cutting out the middle man organising it all.

Ellmau · 07/10/2023 11:13

Tell them they can do it after you move out.

wormshuffled · 07/10/2023 11:13

I would block the number

Original poster
Movingmumof3 · 07/10/2023 11:14

@sodthesodoff Oh I don’t disagree with you to a degree, although I’ve never once kicked off and always been very polite in my responses to them.

There were a few viewings though where this agent didn’t even turn up to the appointment and we ended up having to do the viewings ourselves.

To me, I’m starting to wonder what he’s actually going to get paid commission for to be honest and think a better way for him to approach this may have been to ask us to give them a few dates of our availability and coordinate that himself with the surveyor. I’ve suggested this to him and he has flat out refused and told me that I need to call the surveyors to do it? Feels like a bit of a CF to me?

OP posts:
Jelly0naplate · 07/10/2023 11:18

I would email the agents, and your landlord if you have their email address. Give the dates you'd be happy for the surveyor to visit and ask them to confirm which date they have arranged the appointment for.

If they then start being CF again I would say no to surveyors while you're in the property due to the right to have quiet enjoyment u til the end of your tenancy. You will then have evidence you attempted to meet them part way.

sodthesodoff · 07/10/2023 11:20

Well it's up to you then. Sounds like an abrasive relationship with no love lost either side. And trust me I'm no estate agent fan

Just you said you didn't have an issue with the surveyor coming. If so just email them a list of dates that are suitable. That's what you wanted do anyway with the estate agent. So what's the big difference

Sounds like it'd be easier talking to them than the estate agent anyway!

Dilligafat · 07/10/2023 11:25

You don't have to allow any access to the property at all unless you want to. So if you don't want to, write to them informing them of this.
If you feel you are being harassed by the estate agent put that in writing to them and the agent and say that you are documenting this and will contact the police if it continues.

pizzaHeart · 07/10/2023 11:28

While we were renting the owner did surveys 3 times: once for remortgaging, once when planning to sell and then after a while again for selling. Once he texted to me with time and day and asked if it’s suitable. Other 2 times he texted me that he’s arranging the survey and gave “So and So” my number to talk about the exact day, then their surveyor called me directly.

So I would txt/email the agent politely that he can give your number / email to their surveyor to agree the exact day. Ask him to txt you in advance the name of a surveyor/ or the name of the firm to make sure that you give access only to authorized person.

DisquietintheRanks · 07/10/2023 11:33

Ellmau · 07/10/2023 11:13

Tell them they can do it after you move out.

^^This - and I say as a landlord. This is your home until until 4th Nov and it's not your problem.

WillowCraft · 07/10/2023 11:33

Give him some dates and times that suit, or otherwise just say no. You are moving out in under a month, it won't make any difference really. The surveyor is really not your problem so given that you would only be doing this as a favour, I would explain that you're too busy due to being evicted. They are stupid to harass you at this stage, you might trash the house.

Saying no to surveyor can't affect your deposit, that is only for damage to the property. Your deposit should be registered to a scheme and if they try to deduct anything you can dispute it. Make sure you take photos when you have moved out just in case.

pizzaHeart · 07/10/2023 11:34

I should add that we’ve told the owner ourselves just to give our number for simplicity, obviously notifying us that someone will be coming.

Original poster
Movingmumof3 · 07/10/2023 11:37

@DisquietintheRanks would you say it could affect my deposit in your opinion? I know the usual reasons for deductions etc. The rental is managed by the same agency.

OP posts:
OhhhhhhhhBiscuits · 07/10/2023 11:41

Movingmumof3 · 07/10/2023 11:37

@DisquietintheRanks would you say it could affect my deposit in your opinion? I know the usual reasons for deductions etc. The rental is managed by the same agency.

They can't deduct anything for you not agreeing to the surveyor coming in. Don't worry about that at all. You have a right to quiet enjoyment of your property. Make them wait until you have moved out.

TidalShore · 07/10/2023 11:43

I think at this point if they just carried on playing silly beggars, I'd have just phoned the surveyor and arranged them a date for some time after 4th November!

anon2022anon · 07/10/2023 11:43

@Movingmumof3 no, it cannot affect your deposit. They can't withhold deposit for any reason except arrears and damages you have caused, and you can raise it with the scheme the deposit is registered with if they try to deduct anything otherwise.

Sycamoretrees · 07/10/2023 11:45

Are you in the UK? If so your deposit should be held in the Deposit Protection Scheme, there are really strict rules for what can be deducted. Just make sure you take photos of the condition of the property when you leave so you have evidence if they try anything.

DisquietintheRanks · 07/10/2023 11:45

@Movingmumof3 if you are in England and your deposit is properly held in a scheme then they absolutely cannot deduct money for you I sitting on your legal right to quiet enjoyment of the property.
If your deposit is not being held in a deposit scheme then you are in for a windfall and don't need to worry about deductions at all.

Snittler · 07/10/2023 11:45

I’m a landlord. It’s within your rights to refuse entry until you move out and it can’t be deducted from your deposit. You have a right to quiet enjoyment. Tell them they book it (if you’re happy with this), or they wait.

Peacendkindness · 07/10/2023 11:46

BBno4 · 07/10/2023 11:07

The estate agents can fuck off. Dont do a single thing until you leave.

This.

they can organise it when you leave

Treelesschristmas · 07/10/2023 11:48

That would be a big fat fuck off from me. Just say no, not happening, arrange it for the day after we leave. Cheeky fucker. I’d cc in the owner too if you have their email, make sure you mention how unreasonable and intrusive he was about viewings, and that you were very accommodating to allow multiple viewings, despite there being absolutely no need for you to do so. Then ignore him. What a cock.

SkinnyMalinkyLankyLegs · 07/10/2023 11:53

Email them back and make it clear that due to how rude they have been towards you, you will not be helping him out at all. Then don't respond to anything.

minisoksmakehardwork · 07/10/2023 12:01

TidalShore · 07/10/2023 11:43

I think at this point if they just carried on playing silly beggars, I'd have just phoned the surveyor and arranged them a date for some time after 4th November!

This is exactly what I'd do to.

They have to give you quiet enjoyment of the property. They've got an end date so it wouldn't be unreasonable for you, as current tenants to not be bothered about it.

hedgehoglurker · 07/10/2023 12:04

It doesn't seem unreasonable to ask you to arrange an appointment that suits you, as you are the one being inconvenienced, but if you really don't want to, I see three options.

You can say no, that they can carry out the survey after you leave.

Or, that they can give the surveyor your details for them to contact you to arrange an appointment.

Or, contact the surveyor yourself and arrange it for 5th November.

SherbetDips · 07/10/2023 12:50

Don’t blame him wanting you do deal with it. You’ve been as awkward as you possibly can be and he’s clearly had enough.