Harassment from Estate Agent / Fraud?

[Cinai2]

I’ve let out my property via an estate agency for one year. I ended the contract, the tenants moved out and I put the flat on the market. I now get letters from this estate agent claiming that the tenant still lives there (untrue) and pushing me for paying their renewal fee. I obviously told them that this is untrue and that the tenant did move out at the end of the tenancy. What’s best to do now? What will they do? Do they know they’re wrong and this is fraudulent? Shall I just wait for them to take me to court, as they can’t have proof of something that’s not there? Do I need to let them check the property - I’m 37 weeks pregnant and would rather not have this additional hassle.

I'd send them one brief letter saying the tenant moved out on [date], no renewal fee is due to them, you have told them this before, and you will regard repeated demands for a renewal fee as harassment. Then file away but otherwise ignore every further letter. I can't see on what basis they could take you to court - what grounds could they have for disbelieving you? - and I certainly wouldn't allow them to check the property.

Is the property is up for sale with vacant possession with another estate agent?

Yes, the property is vacant and up for sale. I had several estate agents come for valuations, including one from their estate agency, who would have seen that the property is vacant. I also had some AirBnB guests during the past few months since it is on sale, and could provide proof (AirBnB booking confirmations, money coming into my account). And of course council tax and utility bills are now in my name again. I’m just panicking because it’s David vs Goliath and I don’t know where/if/how I can report their wrong claim? I don’t want a bailiff knocking at my door. Really shouldn’t need to worry about this at 37 weeks pregnant:(

It’s just letting a agents being incompetent.

We bought our previous flat off the landlord (he moved overseas and sold up, we were looking to buy and knew it was in reasonable condition). We got demands for “unpaid rent” from the lettings agent for about six months after we’d bought it - they knew we owned it because the letting agent was the landlord’s fucking sister, but they insisted rent was still due! Just told them to fuck off in the end.

They just made a mistake, OP. They're incompetent, not fraudulent.

I would email them confirming the date the tenants moved out, with a link to the property for sale and a copy of the council tax in your name attached. I would be very clear that you do not owe them anything further and if you receive any further claim or communication demanding money you will report them to the police for harassment. Ask for confirmation by reply that they have updated their records to this effect. After sending it, I would call them and ask to speak to the manager of the letting side of the business, and tell him the same verbally.

They claim that they know that the tenant still lives there, but they can’t (and they must be aware of that) because it’s not true - wouldn’t that be fraud?

Its an admin error fgs, not fraud. Very common with useless agents. Just write them a firm letter and forget about it!

And don't make yourself look an idiot in the letter by bleating about fraud.

I don’t understand- even if a tenant did still live there ( I know they don’t) - why would that mean you have to use their services?

You’re not obliged to use them unless you committed to paying them for a year and then tried to cut the contract short? Otherwise it’s none of their business.

How on earth is it fraud? This seems the new daily word fraud seems to pop up a lot currently

You are using the wrong word. Fraud is when you lie about your income to the mortgage lender, or forge a cheque. What they are doing is harassment.

”Dear Incompetent Idiots,

Please see attached an email from the Deposit Protection Service confirming they released the deposit back to Joe Smith, and a recent CT bill in my name. If I receive any further communications from you I will be forwarding all your correspondence to [find their regulator] and [the name of their group CEO from probably Linked In].”

Plenty of people try to sell houses with tenants still present, it seems they just don’t believe you.

It's not fraud. It's a cock-up.

Write a letter. Send it registered (or whatever it's called these days) saying the tenant has left and there is no renewal. Keep a copy and answer no further letters from the EA.

Get a solicitor to write a letter that must be signed for - that should put them straight

Thanks all, I feel a bit more level headed now and I’ve written a firm letter. Fraud is probably the wrong word, I’m still unsure how the situation could have happened due to incompetence though. They’re basically saying that they found out that the tenant and I have staged a faked move out at the end of their first year of tenancy with my intent to avoid paying commission to this estate agency for another year. They think the tenant moved out, the deposit got returned etc, but I made a new contract with this tenant without including the estate agency a few days later and they’ve moved back in the flat. I have literally no idea what could make them think this because it’s absurd, I didn’t see this tenant again after they moved out, so I started to wonder whether they know it’s untrue but trying their luck. Their invoice over £2.5k payable within 3 days to avoid legal action has sent me over the edge. But I accept that I’m hormonal and that I need to keep a cool head, I have a lot of proof that this tenant doesn’t live there, and they can’t possibly have anything.