to feel my letting agent has overstepped the mark?

[sb6699]

Wasnt really sure where to put this but here goes (sorry, its long).

We have been living in this house for 2 years and think we are decent tenants (rent always paid, no parties, keep the place in order).

Things have been very tight financially for a while so I was thinking of returning to my home town for a couple of months (I was offered some work which would allow me to work flexible hours to attend to the children could have waited to start during the summer holidays so children would be able to go back to the same school when I'm finished). DH would have been staying here as there is no work for him back home.

DH's accountants told him that if this is not our family home during those months and he is renting purely due to work purposes he could be claiming this back for the time me and the children are living elsewhere which would really help us get back on track, but would need me to be off the lease.

I phoned the letting agent to find out how we go about this. She wasnt available (apparently) but phoned me a few days later.

She said she has been "asking around and knows that I am still there and where my children attend school" so would want proof that we had moved and suggested phoning the childrens school to find out if they were still attending.

I explained that the move hadnt happened yet which is why we are still there but also that if she phoned the school they wouldnt be able to tell her anything as its against the law but I could prove where I was going to be working and as its so far away it would be impossible for me to be living in this house during that period. Her response was "but I'm a letting agent, surely I can ask them".

My DH is furious that she has been asking our neighbours about our home life and in particular our children. His view is that how we sort out our financial affairs is none of their business and they have invaded our privacy. We were very honest in why we wanted my name off the lease for that period and if they thought it was in any way fraudulent they should have reported us to the tax man rather than snooping on us.

I have to admit that I am very uncomfortable with her asking people who are virtually strangers about my children and am now wary of the folk around us (she didnt let on who she spoke to).

He wants to report them to ARLA but we have now found another house and want to move in April and I am worried that they will be difficult about returning our deposit and not sure if she was just being thorough.

What does everyone else think? Is my letting agent reasonable in "asking around" or is this normal practice?

The agent is a nutter.

shockingly out of order, as if the school would discuss anything like that about a familys circumstances except with socail services etc

Thanks for taking the time to read all that - was a bit of an essay

I was a bit taken aback when she said "but I'm a letting agent" as if she was part of MI5 and had a right to be asking a school questions about its pupils.

My DH is more upset at them speaking with our neighbours (our LL owns the whole estate so all our neighbours rent through this particular agent) and asking them what schools our DC's attend, have they seen my car parked outside, etc.

I know the law states we have a right to "peaceful enjoyment of our home" but does their actions infringe on this.

As I said, it has left me feeling as if my neighbours are spying on us and going behind our backs but not sure if this is just me being a bit of a drama queen.

I'm sniggering at 'but I'm a letting agent'!

'Oh, well, I myself am God Almighty, but seeing as you're a letting agent ...'

Something I only found out a few years ago and was a bit shocked by, is that you can set up as a lettings agent with no qualifications at all.

The letting agent is NUTS
If you moved in two years ago, then your deposit should be being held in the new government scheme, which makes it a lot more difficult for the landlord/letting agent to keep any of the deposit at the end of the tenancy, so I wouldn't be unduly worried by this.

As well as reporting them, I would also be tempted to write to the actual landlord at the end of your tenancy, perhaps saying thank you, we've enjoyed living her, but the letting agent was so unbearable we had no choice but to move out"

Might make the landlord think twice about using her again...

I gather the lady in question has just received a promotion and generally she is very condescending as if she thinks we should be grateful to her for being allowed to pay a huge rent in return for living in a house that looks as if its about to fall down.

Writing to the LL might be an idea. It doesnt seem as extreme as reporting them to the professional body.

Do you think I could write to her superior? Bearing in mind this is a large, reputable firm would they think she was just doing her job?

I dont really have much of a clue about these things and dont want to make a fool of myself complaining unnecessarily.

I would be tempted to write to the branch manager and copy in the head office before I reported it to ARLA, but I wouldn't hold my breath about them taking much action.

If you could pitch it as 'after many years happily living her, her freakish behaviour has left us with no option to move, tell the landlord and tell our friends' they might take it a bit more seriously, because letting agents have a bad reputation at the best of times, so probably wouldn't want it worsened

I agree with sparechange!

I'm not too sure what action I would expect anyway - a letter of apology would be enough for me and might help appease my livid DH who wanted to confront her face to face (managed to convince him this wasnt a good idea).

He said he just feels that we have been treated unfairly, his wife is upset, and we no longer feel comfortable here so we should do something about it rather than just rolling over and letting her do whatever she likes because she has some sort of "God complex".

Not quite sure I understand this.
You have asked the letting agent to vouch for the fact that you are not living there.I can see that she wants to satisfy herself that this is the case

I have asked the letting agent to take my name off the lease as I will not be there for a period of 2 months.

I dont mind her having to satisfy herself that I'm not there, but I do mind her asking my neighbours about my children and my home life without my permission.

I had offered her proof of where I would be working which is 400 miles away so no way I could be commuting. I thought she was going a bit far wanting to phone my childrens school.

Okay we are landlords ourselves and have to say, if this letting agent did this to our tenant we would be absolutely furious. This is a total invasion of your privacy. You have been upfront and honest about your motives. The letting agent is an agent of the landlord, and has absolutely no right to behave unilaterally in this manner. Actually, i think her behaviour is outrageous. DH (who does like a good fight i have to admit) says to write a letter of complaint to her boss and then buck it up the system if you do not get a reasonable response.

If the landlord is reasonable...... and many are not I know, then i would tell him as well. If it were us, we would change letting agents darn fast.

So, no, in our opinion you are NOT being unreasonable.

Is it possible that with the requirement for estate agents to register on the anti-money laundering register she has had an excess of money laundering/proceeds of crime training at work recently? Believe me - it can be quite scary. Nevertheless she has overstepped the mark in contacting neighbours etc and yanbu to object. As far as I know the PoCA does not require any external investigation of such suspicions.

I'm a bit unsure of your accountants advice however - duality of purpose and all. My DH claims a proportion of the interest payments on our mortgage as a tax deduction and the mortgage is in both names - I don't see why rent would be so different. A different issue however and not the one you have asked about.

I'm not sure either.It would surely have to be your DHs second home to be deductible.Where is he on the electoral roll ?

Also would your DH alonehave sufficient income to cover the rent by the required multiple if your bame was taken off the tenancy ?

out of order. you can ask for your name to be taken off the tenancy agreement, there doesn't have to be a reason. none of their business

I dont know about the tax stuff tbh. DH has accountants who deal with that stuff.

He does have sufficient income to cover the rent - I am a SAHM atm and only looking to do this work to get us out of a hole.

Oh yes. What skinsl said.

Sorry, meant to add, it is our second home. We also own a flat but have never claimed on the rented one because we live there and therefore its our family homw and not tax deductable (or something like that ).

Hi there

You will not be able to report them to ARLA until you have exhausted the inhouse complaints procedure of the branch and then head office. You will need to ask them for a copy of the policy, and then follow it.

Only if not resolved can you escalate to ARLA.

Pants, I know. But that is how it works or ARLA would be snowed under with crappy complaints that are a clash of personality and have no time to deal with twattery such as this agent has shown.

The agent is trying to cover themselves because they think they are exposed if it is found you are "on the fiddle". If housing benefit is fraudulently claimed the agent or landlord can be liable for up to six years so they probably see themselves in a similar situation.

It is not, we can see that but they are arses.

I would speak to the landlord, his address will be on your Tenancy Agreement.

If you do want your name taken off the Agreement it would probably mean however that your DH will need to be re-referenced.

Quite often there is a situation where couples split, one moves out and one wants to keep the tenancy. THey then need to be referenced to ensure they can pay the rent.

at the end of the day, it is down the landlord, it his property.

If you want to type out an exact copy of the Tenancy Agreement, with just his name, and the landlord sign it, then you can do.

Has bugger all to do with the agent.

And as for them snooping, well I agree with all the others, out of order, unnecessary and definitely worthy of major complaint.

Thanks for all your responses ladies.

I think my gut instinct is just to write a letter to her superior alone the lines of what sparechange suggested.

We are handing in our notice at the end of this month so will tie both together for maximum impact

I'm not really expecting them to do anything but it will make me feel better.

Good idea to speak to the LL BigBadMummy but as we are now moving out before this takes place there isnt any point.

I wonder if she'll be shocked - I genuinely think she believes she had the right to do this judging by manner (hence why I just had to check I was not BU!).

Sparechange advice spot on. I rent a property out and would be absolutely furious if the letting agent spoke to my tennant like that!

Although you are moving out now I would still write to her superiors. She's obviously become too full of her own importance! What a witch.

Do not worry about your deposit. Speaking as a landlady here are a few things to note:

1. your deposit has to be lodged with a government deposit protection scheme. You can dispute anything they refuse to return. I'd hope the agents were professional and used a check-in clerk and developed an inventory when you moved in. When you move out they should again use a check-out clerk (normally same person as check-in) who'll do a thorough schedule of condition of the house against the inventory. This ensures a third party with no vested interest determines what you do or don't get back in the way of your deposit.

1. The letting agent has no right to be speaking to your neighbours, schools etc.. without your prior permission.

1. Talk direct to the landlord / lady and registers you anger. It costs landlord / lady a lot when tenants change and most will be desperate to keep good tenants happy. Letting agents are easy to find (especially at the moment!).

Hope this helps.