landlord saying I cant ebay from flat?? help!

BitterAndTwisted

If they want to do an informal inspection, make a list of all the things that are overdue to be fixed and give it to them to read with a cup of tea. While they're doing that log onto your ebay account and then show them your buying and selling history of only 12 low-value items over the last 12 months. If you are running a business you are patently not very good at it.

sweetnothings

j73 wrote: »

How the h3ll do they know what your doing on E-bay??? Big brother or what!?

I hope you get it sorted!

thanks me too!

A plumber who works for the company has been round a few times and I had a couple of parcels to send off and mentioned in passing they were for ebay not realising it was going to be used against me in the future! Nearly everyone I know ebays and if I was doing anything wrong surely I wouldnt be anyone this...grrrr this has made me sooo angry especially after all the !!!! Ive put up with from them over the last couple of years!:mad:

sweetnothings

Nearly everyone I know ebays and if I was doing anything wrong surely I wouldnt be anyone this...

that was meant to say telling anyone this....see they're driving me loopy already!

bitsandpieces

sweetnothings wrote: »

I have just received a letter from the letting agency saying it has been reported to them that I am running a business from my rented flat and that this breaches the tenacy agreement?

If you're running a business from the flat, it may well do (though I've never heard of this being enforced, unless you're having clients back to the property/doing noisy work/damaging property/generally annoying neighbours/etc - e-baying wouldn't normally be an issue). Anyway, doesn't sound like you're running a business - 6 sales of your old clothes per month isn't a business.

No obligation to do this - but why not print out your last couple of months of ebay records (assuming there's nothing personal on there) and offer to fax them to the agent. That should make clear that this is not a business, though there is a risk they'll use it to snoop on your sales in future. You might also point out that - if they think you have too many clothes - this is a way to reduce the quantity.

They commented they have noticed that I have a large amount of clothes in the flat (which I do I am a self confessed shopaholic and hoarder) and admit to having excessive clothing but surely this is none of their business either?? It is either boxed, in wardrobes or on shelves so its not as if it blocking any fire escapes etc?

None of their business. Buying too many clothes isn't very moneysaying but if you want to have masses of clothes, antique light fittings or green pottery cats, that's your choice and none of the agent's business. How are they going to test this 'allegation', anyway - do they expect to go through e.g. your underwear to test whether you have a permissible amount :eek:

G_M

If you are running a business, stop. You are breaching your contract.

If you are selling a few personal items, fine. However they can NOT "do an adhoc inspection " without your permission. Since they have threatened to do this:
a) change the barrel of your lock - keep the old one to replace when you leave

b) write to them and say

"I am writing to put your mind at ease. I can assure you that I am not running a business from my premises. However I consider this intrusion into my private life, and this threat to "do an adhoc inspection ", to be breaches of my right to 'quiet enjoyment' of my tenancy. Consequently in order to protect my right to 'quiet enjoyment' I have changed the lock. I will, of course, replace the original lock at the end of my tenancy. In the meantime, if you wish to visit the premises, please make your request to do so in writing, giving your preferred date and purpose of visit. I shall consider such a request at that time and advise you whether I am willing to agree to such a visit.

May I also at this time take the opportunity to bring to your attention the following outstanding issues at the property:
1 blah blah
2 blah blah
etc "

Once again - you have the right to refuse them access (even if your contract says they can come.)

rl290

I totally agree with the below post from G_M, but would adapt the sentence that reads:
"Consequently in order to protect my right to 'quiet enjoyment' I have changed the lock"
to say:
"Having received formal advice regarding this matter, in order to protect my right to 'quiet enjoyment' I have changed the lock"

What's the formal advice, you ask? Phone Shelter, and they will be happy to tell you that you are within your rights to change your locks. Quoting this, etc, will hopefully stop them saying that you are not allowed to do this, thereby starting another argument.

With or without my suggestion, G_M's reply is excellent.

R

G_M wrote: »

If you are running a business, stop. You are breaching your contract.

If you are selling a few personal items, fine. However they can NOT "do an adhoc inspection " without your permission. Since they have threatened to do this:
a) change the barrel of your lock - keep the old one to replace when you leave

b) write to them and say

"I am writing to put your mind at ease. I can assure you that I am not running a business from my premises. However I consider this intrusion into my private life, and this threat to "do an adhoc inspection ", to be breaches of my right to 'quiet enjoyment' of my tenancy. Consequently in order to protect my right to 'quiet enjoyment' I have changed the lock. I will, of course, replace the original lock at the end of my tenancy. In the meantime, if you wish to visit the premises, please make your request to do so in writing, giving your preferred date and purpose of visit. I shall consider such a request at that time and advise you whether I am willing to agree to such a visit.

May I also at this time take the opportunity to bring to your attention the following outstanding issues at the property:
1 blah blah
2 blah blah
etc "

Once again - you have the right to refuse them access (even if your contract says they can come.)

Curly

tell them were to go phone up shelter as rl says that way you know what your talking about if you have to face them, the only way they can get in is with a Court order

Don't take no s**t in life if you let them try and walk over you they will, Your worth more so make sure they no it, Don't be nice to them or civil or meet them half way Youv Done Nothing Wrong, Your right and they will just have to deal with it.

Who's in charge of the repairs get a hold of him and tell him the rents stopping untilthe repairs are done. your contract must say that they will fix things within a reasonable time a few years is more than enough.

franklee

Fire_Fox wrote: »

There is a good chance the letting agents are correct in that you are not allowed to run a business from the flat, it will either be in your tenancy agreement or in the long lease or both.

Terms in the long lease aren't binding on the tenant unless they are in the tenancy agreement, especially if the tenant didn't get sight of the long lease before they signed up. You can't be bound to terms you weren't given. Of course the long lease binds the landlord so he should make sure the relevant terms from it are in the tenancy agreement so as to avoid a mismatch.

poppysarah

Dom3663 wrote: »

I await replies to this also.
If he is suggesting you are running a business does that mean you need to declare profits, earnings etc to the tax man?? Does that incriminate everyone on ebay?
I cannot see this being right somehow ?!

The tax man does watch ebay and investigates big sellers.

12 items of personal stuff a year isn't a business though. 12 LED tvs might be, but not 12 items of clothing... Unless you are buying with the intention to sell.

A LA has NO RIGHT to tell you how much stuff you can have in your flat. They shouldn't be looking at what you have in it anyway - although if you had 12 elephants I'd worry about the floors perhaps.

poppysarah

And don't tell them you've changed the lock.
Just politely refuse requests for them to view unaccompanies. Always be there when they arrange to call.

The day they ring to say they couldn't get in cos you changed the locks means THEY'VE broken the rules.

They should never find out you've changed the lock (If you change it back when you leave). No LA is randomly walking past and would heroicly break in rather than ring the fire brigade.