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

[Movingmumof3]

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.

Just tell everyone to buggar off until you're gone. You don't owe the LLand estate agents a thing. 🙂

Well, that's ridiculous, isn't it? Say sorry, as you're not the paying customer (the owner) you're not comfortable entering into any arrangements. Say it will be convenient the Monday after you move out and hand them the keys, full stop.

You've already been accommodating over and above - you didn't need to allow viewings.

Unless you can allow the surveyor access without it affecting you (ie at a time you'd be at home anyway and don't mind being disturbed) I'd tell them to arrange it after you've vacated.
If you wouldn't mind the above I'd give them a couple of specific times you are okay to be available and tell them to arrange it themselves and let you know.

@sodthesodoff you're a massive twat

@Movingmumof3 in your position I would tell them you can't arrange it directly, but to tell him when it is arranged for and you will try and be available to let him in - you absolutely do not have to arrange a surveyor when you are not one of the parties in the sale, and as for the holiday harassment, I wouldn't have answered the phone. You may need to be firm with the EA, as they're pushy, but remember he will be getting paid for this, so he can earn his money.

Just ignore them?

I'd just respond 'no'

And never contact them again

They can't touch your deposit over this shit

If you are a tenant being evicted, there's no obligation to be gracious and helpful towards your landlord. At that stage you have very little to lose.

OP accommodated all viewings on the house, apart from when they were on holiday, which is over and above what they had to do. To be honest, the first time the agents were rude to me, I would have started refusing viewings. There's certainly no obligation to show people around if the estate agent hasn't shown up!

I like the suggestion to ring the surveyor and arrange an appointment after 4th November.

The landlord is clearly desperate to avoid a void period, but that's not your problem, and any sensible buyer won't exchange until you've left the property anyway.

Just write back and say ‘Our availability is xyz, I wouldn’t have time to call the surveyor’.

You don't have to do anything to help them sell the house. It's a complete intrusion of your privacy. I'd be very tempted to give the date of 5th November and don't take any more calls.

I was chronically ill when our landlords decided to evict to sell. They wanted me to have the house in shown condition for photos. I didn't and said no to a lot of viewings because it wasn't convenient. Still got my deposit.

It's not your job and you are under no obligation to help sell the property. You have to give reasonable access for repairs and maintenance and that is it. You are the customer and paying hundreds of pounds for quiet enjoyment of the property. Don't forget that and don't let any of them, or anyone else make you feel guilty. I hope the move goes well and you find more stability in your next home.

This again, and I’m a LL too.

You've been there less than two years before being turfed out, the landlord is lucky you facilitated viewings tbh.

A decent survey takes a long time and they look all over the house, including in the loft. Better for them to do it when the house is empty.

So reply to that email, cc LL, and say that you are too busy to call the surveyor and then just write down again the dates that you are available and say that you are happy for the surveyor to call you directly when they've decided on the date.

If they reply and ask you to organise directly then just cut and paste your email with your availability and send it back. Keep doing that. They'll get the message !

In terms of the deposit, as others have said they can't just withhold deposit for reasons like that so you are fine.

I'm a landlord and I'd never expect my tenants to jump through all the hoops these EAs are expecting you to jump through. They do not have the right to expect you to comply with these demands.

But do set your mind at rest by calling your deposit scheme. And ignore those posters whose threads have been deleted. I've not seen their posts but I expect it was nasty stuff you could have done without. Why do these people try to knock someone who is clearly worried - just why?

I'd do as they asked and ring the surveyor to book the appointment.

For December.

You don't need to explain why you're not contacting the surveyor. Just don't.

You've been perfectly accommodating so far despite being evicted far earlier than the timeline you discussed in good faith with the LL.

Save your admin energy for finding your new place. Just ignore emails from the EA. The clock is ticking on the EA/vendor and buyer, not you. If they start hassling just say it's not for you as the tenant to arrange the surveyor.

They can't take anything off your deposit.

And if you're at all worried about your rights in this situation, contact Shelter or the CAB. Shelter were fabulous to us and is where I learnt this when I was in your shoes. As long as your deposit is held in a proper scheme, you'll be just fine telling them to (politely) do one on this.

I would say that you're taking your understandable annoyance at the EA on the people who want to buy the property, which isn't very nice.
I would contact your landlord if possible, remind them that the EA has been very rude throughout and then I’d contact the surveyor to arrange their visit. Waiting until you move out in a month is only going to have an impact on the buyer. They may lose their mortgage offer, the sale of their current property or some other reason.

None of that is a tenant's concern. Perhaps their landlord should have waited until they'd moved out before marketing the property.

Agree. You've done more than is reasonable already. The sale of the property and anyone interested in it is not your concern. They are chancing their arm. You've input thousands of pounds into the LLs mortgage/pockets and they should have planned for this eventuality with a buffer in place. If a sale falls through because the survey is later than possible, that's down to their planning and misguided notion that you have a role to play in facilitating their sale.

I would use the words "bordering on harassment" if they make any more demands that are outside your rental agreement.

You’re right, it isn’t the tenants concern. But it’s not the buyers problem that the EA is a dick either.

Tell them that you will no longer allow anyone access to the property and any further contact will result in further additions to your already quite extensive claim for harassment interfering with your peaceful enjoyment of the property.

I think some landlords do need to understand that you are not simply a paying guest, conveniently paying them hard and usually overpriced cash - you have leased the house and it's your home till the day you leave. It's like me leasing a car and Sixt asking me if I mind dropping it back (during my lease period) in for an afternoon for an MOT and a full service. If they want to sell then ok, but they can arrange all these things once you have moved out- it really pees me off with the number of landlords who let and assure you it's 'long term' ( my own view of long term is at least 3 years) and then give you hassle and significant expense 17 months in.

Perhaps buyers need to be more switched on and realistic about buying houses currently rented to tenants, incase there are misunderstandings of how quickly things can move.

Dear X
Please inform your estate agent that I do not wish to be contacted about any further matters that are to do with the sale of the house. I have been more than reasonable in allowing access for these purposes to date, but am finding the constant requests by X not only interferring with my peaceful enjoyment of the property in the time we have left, but are bordering on harassment. Please instruct you agent that I am only prepared to respond to requests for essential maintenance and repairs from now until we leave on 4th Nov.

I am happy to meet to return the keys and go through the inventory on XYZ.
Yours
XXX

You could run something like that past Shelter or CAB, they might have something else to add.

Good luck!

How is the EA contacting you @Movingmumof3? If it's in writing (text/email), then just reply "No." Particularly if you have already told them in writing that you're not going to do it - you could even just copy and paste your original reply over and over again, each and every time they ask!

If it's on the phone, I think I'd try "You clearly have my phone number, why on earth you can't pass it on to the surveyor so they can call me, I have no idea. I have told you several times that I will not be contacting the surveyor myself, so any further requests from you for the same will be construed as harassment and I will stop answering calls from AGENCY until the end of my tenancy. Now please fuck off."