Is my estate agent allowed to do this?

[kettleoffish]

We moved in 4 months ago on a 6 month lease. Soon after moving in, we were sent a list of charges. Well I was surprised at first at what I read. In all my 12 years of renting with different agents around the country from moving about quite often, I've never met an agent who charges us £60 for extending the lease for another 6 months, or charging £75 for extending the lease to a 1-month running lease after our 6 mth lease is up.

The house has problems. The lounge window had a 2 inch crack on the bottom left corner which was never fixed. The agent had a builder come in to look but then after he went away, we never heard from him again. Now the crack has grown to a 8 inch crack.

And now, this is another first for me as well, but the agent sent us a letter at the beginning of October to ask us to tell them "soon as possible" if we are moving out of the house or not. Well I do want to move as this home is too small for us but we took it at first because it was the only house for rent in the area we wanted at first. But since letting agents often want people to move in within a month after putting down a deposit, we are still in the process of viewing new homes but didn't think we should pledge to move in any properties yet until November. So I did not respond to the current agent's request to speak to them yet.

This morning, a lady from the agent's office came knocking on the door. She came to do an inspection. She claims they have sent a letter to us earlier telling us they were coming to do an inspection. Well no they didn't, plus they didn't call either, so we were completely unawares of this. This is the school holidays and the house is a bit of a tip. At first I wanted to turn her away as this to me is an unannounced inspection, but my "soft" husband kept winking at me to let her in and she had a really argumentative tone to her voice and sounded very pushy but basically she "wanted" us to go to their office afterwards to speak to her boss to let them know whether we are moving or not.

I have never met an estate agent like this. I felt like arguing with her about the surprise inspection but because of my husband's obvious reluctance to put up any resistance, I let her be.

I feel like all this agent has done is not standard estate agent practice. Or is it?

Also, now they've served me a section 21 notice, does it mean they have automatic right of entry and can come and inspect or arrange viewings to the house without prior arrangement?

No solicitor is needed. if you want to go, simply leave at the end of your agreement (19th Dec). If you want to stay let the agent know you will be going onto a periodic tenancy at the end of the AST. Either way don't pay the £35.

Okay thanks... so I will not be paying the termination fees. Don't know how they can try to get the money from me though. It is not a huge amount to me but I don't want to give them any extra than they can demand.

They have no right to enter the property until you leave.

even with notice !

No again, they don't have right of entry at any time during your tenancy whether they ask for it or not. You are entitled to peaceful enjoyment of the property (which means you can tell them to get stuffed).

(Am a solicitor btw)

should add though that if you want to stay you might have to sign a new agreement or they will enforce the Sec 21. They are being complete wankers, as getting a new tenant is going to cost the LL !

So even the landlord may not be aware of what the agents are doing to us?

I'm thinking about the not paying termination fee part. When we go hand in our keys when we leave, wouldn't it cause an argument if they asked us to pay the fee then and we say no? I'm just thinking if they will try to screw us if they do... like later claim we didn't give the keys back and charge us for it or something.

Anything is possible, by the sounds of it. I would personally make them sign a receipt for the keys. You also need to consider if you need a ref from them. Weather you pay or not is up to you and how far you wan to push it.

As a LL we pay one months rent to the agent to find a tenant and do all credit checks and the agreement. After that we manage ourselves and that includes, renewing agreements. I would be very unhappy if my tenants were leaving after 6 months as I would then have to pay another months rent to the agent. So with all possibility your shyster of an agent could be seeing £ signs, giving you a Sec 21, so they need to find another tenant and get more money.

contact your landlord ASAP. He/she is paying for all this (too....) and needs to know. You are legally entitled to his/her contact details if you don't have them.

agencies are completely unregulated. Your landlord (with whom you have the contract), needs to know.

and no, they have no right to come in unless it is an emergency until the end of the tenancy. They are lying about the law.

come on government, wake up - regulate agents!

I'm already thinking the agents would try to take our deposit for something. The house was a bit run down when we rented it. Cobwebs, chipped table top, etc. in addition to the broken window. Sigh... and we've only been here 6 months. We've never missed a rent payment and never caused trouble to the neighbourhood. Plus we might need a good reference for a future property we're going to rent obviously.

Are the agents obliged to give us landlord contact details? Because until now, we've never been given them. I can try and ask but not sure how far I can push them.

I am under the impression that with the new tenancy deposit scheme, if agents or LL want to deduct for damages and repairs, they need to put a case for it before the people in charge of the deposit scheme. The tenants have a set time to contest those issues, but if no final agreement can be reached, the disputed amount of deposit money can be held in a limbo of sorts, with none going to either the LL/agent or the tenant. So it's not really a good situation for us either.

They can't withhold your deposit, if it is protected (as it should be) you are fine. I hope you have an inventory ?.

As special says, you are legally entitled to you LL's details. All of our tenancies have our details on the front page.

Our current agents are members of ARLA... I didn't know they are not government regulated.

The ll should be named on the tenancy agreement and their contact details provided within a fixed period of the onset of the tenancy . Likewise the deposit scheme details and a Gas Safety Certificate. Failure to do so gives you much more legal power and you even could get compensation. england.shelter.org.uk/get_advice/private_renting/about_private_renting/landlords_responsibilities (assuming you are in England)

This couldn't be a worse time to ask. Yes we did have an inventory before, but DH somehow lost a whole bunch of documents including his work contract that he'd put in a bag which he took to work one day but somehow misplaced. It's totally bizarre, but it is gone. The agent had a copy, we had a copy. Can I ask for a copy now from the agent? But then again. I will be negotiating with any future agents from now on obviously, and will be keeping meticulous records. And making copies of everything just in case things get lost.

The LL's details provided on the contract were just their names. Not their address or phone number or anything. It says "C/O Estate Agents" under their names so I guess the agent is supposed to be the go between.

but of you read my link the agent is obliged to give you the details if you ask.

Good grief these agents are really complicating things.

I suspect the s.21 notice with the letter asking about your intentions was to ensure you were out at the end of the 6 months if you were not planning to stay, but it's not a good way to do things.

The alternative is that they don't want you to stay (maybe the LL wants the house back - who knows) so they are getting antsy that they haven't heard from you and are worrying in case you don't move out, in which case they'll need to take steps to evict you.

How the hell can they justify charging a 'termination fee'? How are they going to get you to pay any of these fees - renewal fee, termination fee, etc? They can't (because they don't have control over it) deduct it from your deposit.

Find the inventory asap and see whether you checked and signed it.

I agree with the pp - contact the LL direct.

there was a gas safety certificate as well. Once again I think that was in the bag DH lost.

DH told me he had checked and signed the inventory. I wasn't here at the time as I only moved here after he did. I wish I was around. I would have added a lot more details on the inventory if I was. DH is afraid of trouble and confrontations. I know if I was the one answering the door just now I would have straight out turned the woman away.

yes it is true that the S21 could be a fall back , to ensure you leave on time. Might be a blessing in disguise though, agent sounds like a pita.

I will try contacting the agent for LL details. DH now wants me to not cause trouble because he is afraid of a bad reference.

DH says he's willing to pay the ridiculous termination fee to get a good reference from them. Now, I'm not really convinced paying them that will guarantee a good reference. But if it will, I guess we will pay it then. What do you think?