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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to really hate lettings agents??

76 replies

gosssipgirl · 16/03/2010 11:55

We are moving house next month and so out current house is "to let".

The lettings agents have not responded to my letter giving notice (faxed and posted on 2nd March) but I can assume they have got the message since the house is being adverstied and they have called me to arrange viewings!

Still nothing in writing confirming receipt of notice.

They rang at 4pm on Friday asking if someone could come on Saturday for a viewing, and could I show them around as they were short staffed. Ummm... no I bloody can't. I have a toddler and my DH was doing an exam on Saturday. And also you are getting PAID to market the house!!!!!!!!!!!!!!!!!!!!!!!!!

I decided to take my LO out for lunch while they came round and when I came back (a couple of hours later) they had left 2 lights on!!!!!!! (I am quite concious of always turning lights off when not in the room so this really annoys me!)

NOW they sent a letter saying someone is coming to do an inspection tomorrow (I cancelled the last one as I was not in so can't cancel again) and I will be out as I work on Wednesdays.

Grrrrrrrrrrrrrrrrrrrrrrrrrr!

OP posts:
AnnieBeansMum · 17/03/2010 10:16

At the risk of being flamed, I will out myself as a lettings agent. That being said, you are definitely not being unreasonable in this instance. There are sadly, some pretty horrible agents out there who have no business trading.

First, they should have responded to your notice in writing. They should also have sent vacating notes or a guide to what condition they expect the property to be left in. Should there be any issues on move-out and this was not sent to you, the agents will not have a leg to stand on in terms of deductions. As a rule, my company responds to notice within 3 business days. This isn't law, but it is good trading practice.

You are under no obligation to conduct viewings for them or even to allow them access. Your tenancy agreement should state that they are allowed access provided 24 or 48 hours written notice is given (depends on type of agreement). HOWEVER, the law of the land states that you are entitled to quiet enjoyment of the property and the law of the land supersedes tenancy law. You do not have to allow them access and if they do enter without your agreement, they are trespassing. Ring the police and report them. Whether they have a key or not, it is still trespassing and is illegal.

They are completely taking the piss. If I were in your position, I would completely refuse them entry until the date of your move-out. Also, I cannot stress enough how important it is that you are present on move-out. By the sounds of your agents, if you are not present, they will invent dilapidations in order to deduct from your deposit. If you absolutely cannot be present, then take loads of photographs (with a date stamp) before you leave which shows the current condition of the house.

If you want some help, I would be more than happy to offer advice throughout your move out and the return of your deposit. CAT me if you do. Best of luck.

scaryteacher · 17/03/2010 12:36

I rent in Belgium Minty, and private tenants in UK have a fab deal compared with here as far as I can see.

gosssipgirl · 17/03/2010 12:44

Thanks to everyone who replied!

The inspection should be going on this morning and as I am at work and cannot get away, so be it...

I did however, put all my personal files in the garage and lock the door (with my own padlock so they don't have a key) just in case they are really nosey or something!

I find it very odd that someone would just be going around my house without me being there! In past rentals no agents have bothered to come and do an inspection until after we have left.

AnnieBeansMum - you sound like a lovely agent and I am sorry to generalise but I have mainly encountered rubbish ones!!!! Can I ask you, how should I go about making sure I am present for the "check-out"? Will they come the day I move out?

On a positive note the ppl who came round on Saturday have applied for the house, so no more viewings Not even enough time for a to let sign!

OP posts:
AnnieBeansMum · 17/03/2010 13:20

On the day of move out/ last day of your tenancy, you should meet the agents at the property once it has been emptied, cleaned and ready to hand over to them. They will then check the property for any damages (less fair wear and tear), take meter readings, agree return amount for deposit and accept the keys from you. This is standard practice as far as I am aware and I am slightly shocked that this appointment has not been arranged yet.

Obviously, it is not compulsory for you to be present, but from the sounds of your agents, you place your deposit at risk if you are not there. Without you present, they can suggest ridiculous deductions from your deposit and there isn't too much you can do about it, as you would have already returned the keys to them.

Re-arrange your diary and make sure you are present if you can do it. And if anyone is able to go with you (second pair of eyes) then definitely do this. Dodgy agents piss me off to no end. We are not all evil bastards and bitches in suits - it's agents like this up and down the country who give us all a bad name.

If you need any more help, just ask.

wizbitwaffle · 17/03/2010 13:33

This reply has been deleted

Message withdrawn

scaryteacher · 17/03/2010 13:36

Also, have a look at the inventory that was done when you moved it - and photograph any problem areas that were on there to prove they haven't got worse since you occupied the property.

We rent from the MoD and they are sods about this sort of thing, as are the Belgian landlords (although mine is lovely).

Undertone · 17/03/2010 14:26

I was charged (count them) TWO HUNDRED of my English pounds by a letting agent for asking them to remove my name from a tenancy agreement and replace it with someone else's when I moved out from a house share.

They emailed over the agreement as a Word document to print out, sign, and then post back. The first attachment that they emailed over, they hadn't changed my name. The second attachment, they had just deleted my name. In the end, I made the text changes msyelf, printed it, got everyone to sign it and then posted it back.

£200. C*nts.

WkdSM · 17/03/2010 14:49

Also climbing out of the closet - I used to run an inventory business - we did the inventories and check out appointments for a variety of agents - and I was lucky in that we had enough business that I could pick and choose who I worked for. Some agents I would not work for as I thought they were unreasonable with their charges / dilapidation claims.

Upon check out I would expect the property to be cleaned to the same standard as when you moved in - as supported by the inventory. So if carpets were professionally cleaned before you moved in, I would expect a receipt showing they had been cleaned when you left - or I would expect the cost of that cleaning to be deducted from the deposit. Cleaning is nearly always the most contentious issue.

If you can, please be there - I always found it more helpful to have someone there so I could show them if there was an issue (like and iron burn or stain on the carpet) - also you should be able to sign off any findings - so that if they have a workman in there who causes damage after you leave it can't be charged to you.

I would recommend that if you can you leave a few days between moving out and the handover day - that allows time to get the furniture moved out, the property cleaned and get things a little bit sorted at your new place - including going through the inventory at the new place with a fine tooth comb.

Good luck. Get in touch if you need any advice re dilapidations.

AnnieBeansMum · 17/03/2010 15:01

The one bit of advice I would offer to every tenant is to establish a paper trail. If you are given permission to install a satellite dish, ask for an inventory addendum stating this has been approved. The same with any redecoration you may do at the property. There are so many bent agents out there - you need to protect yourself with as much of a paper trail as possible.

gosssipgirl · 28/03/2010 10:10

AnnieBeansMum / WkdSM / anyone in the know!

The agents have told me to leave they keys at one of their offices in the next village to the house (not on my way... grrrr).

Any thoughts on how I should play this?

I presume they are going to do the inventory at their own leisure and I don't know when the new tennants are moving in.

Should I just say, please let me know when you are planning on doing the inventory and I will meet you back at the house (1/2 hour drive from new house)?

DH recently made redundant so that sorts the childcare issue out, so as long as it's not the days I work (Mon & Wed) then I can pretty much be there anytime....

OP posts:
SugarMousePink · 28/03/2010 11:45

This reply has been deleted

Message withdrawn at poster's request.

SugarMousePink · 28/03/2010 11:47

This reply has been deleted

Message withdrawn at poster's request.

gosssipgirl · 28/03/2010 12:19

So basically they should come out on the day we are moving out (it's a Saturday) and do all the checks there and then...?

(sorry, just want to be sure before!)

OP posts:
BuzzingNoise · 28/03/2010 12:28

Scaryteacher, what's that website?

probonbon · 28/03/2010 12:32

Yanbu they are idiots.

But whoever said "Tenants really do need more rights in this country" is also being extremely unreasonable.

probonbon · 28/03/2010 12:34

You should hand the keys over at inventory, and be there at the inventory, which should definitely not take place at some vague time "after you've moved out".

probonbon · 28/03/2010 12:34

AnnieBean went into much more useful detail and she is absolutely right.

expatinscotland · 28/03/2010 12:35

'But whoever said "Tenants really do need more rights in this country" is also being extremely unreasonable. '

Yes, it's perfectly acceptable to have only 4 months of security before landlord can serve you notice.

BigBadMummy · 28/03/2010 12:42

gossipgirl .... I have only briefly scanned this thread and I too will out myself as a letting agent, well I was one until I left to set up my own property management company.

I also run a friend's inventory company so I have a bit of insider knowledge.

You have a legal right to be present for the inventory check out.

It should happen on the last day of your tenancy and you should be present.

I would go into the letting agent and ask what time this is booked for "as you are now in receipt our Notice".

Imagine the scenario of you move out. Check out is done by them some days later but in the meantime landlord's wayward son who knows the place is empty posts on Facebook that he is having a house trashing party in your place.

When that inventory check is done who do you think will be saddled with all the costs of clearing up? Because you will not be able to prove it was not you that caused all taht damage.

demand to be present for the check out. It must happen with the inventory and you should be given a copy of the check out report with a reasonable time frame. I would say that is 48 hours.

And then negotiations begin on any deductions. Your deposit should have been protected and no deductions may be made without your permission.

Happy to give you advise off line if you want it but I see annie has also done the same.

BuzzingNoise · 28/03/2010 12:44

BigBadMummy, if the deposit is held by one of the schemes, how long does it take to get it back?

probonbon · 28/03/2010 12:47

Landlord has the same Expat. Works both ways. And tenants have more rights in Britain than most other countries.

expatinscotland · 28/03/2010 12:52

'Landlord has the same Expat. Works both ways. And tenants have more rights in Britain than most other countries.'

The difference is that for the tenant, the place is a home and not just a property. When the landlord serves notice, the tenant has to find another roof over their heads, move all their belongings, AND pay another deposit (before getting theirs back) + fees.

COMPLETE tosh that tenants in the UK have more rights than in other countries.

Even reading this thread demonstrates that they have FAR more rights in many countries in mainland Europe - longer leases, LL has to be moving back into the property (or moving family in there) before being able to get the tenant out, longer notice periods, etc.

In the US as well.

ooojimaflip · 28/03/2010 12:52

probonbon - but less than in a lot of european countries, that as a result have much healthier rental sectors.

www.globalpropertyguide.com/Europe/Germany/Landlord-and-Tenant

You don't get a KITCHEN as standard though :-0

ArcticFox · 28/03/2010 13:00

I think the problem is that good tenants dont have enough rights and bad tenants have too many.

It should be easier to evict for non-payment/ damage to the property but there needs to be more longer term security for good tenants. I never really thought about the importance of being able to stay in one property for years when your children are in school before reading these forums and it does need addressing.

When I am PM I will sort it, promise

scaryteacher · 28/03/2010 13:02

Reading some of the experiences from people in Belgium on the web, and talking to lots of my friends who rent privately, yes, you may have a longer lease here, but you at totally at the mercy of the l/l.

One of my friends (who is a lawyer) had hell and all problems with her l/l when she moved house. Your deposit is not protected here in quite the same manner either and you as the tenant are responsible for all the maintenance of the garden and decoration of the property and for fixing problems, as far as I can see, whereas in UK, I pay for all that for my tenants.

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