I believe that I'm being bullied by the letting agent but perhaps you know different

enchated1

I've been renting a property for almost 2 years.

When I took the property I completed the agreement listing all of my children (who were students) as staying at the property sometimes.

The last time the letting agent viewed the property she said that the oven was dirty. She also said that my son was in the house and she asked for £50 to add him to the tenancy agreement. I refused to add him to the tenancy agreement because we don't know how long he is staying here. I don't know how long I'm staying here either.

We we had another check recently. We've just had a letter saying that the house was generally untidy (We'd tidied it) and the oven was dirty. She said also there are weeds in front of the garage. And she enclosed a form for my son to apply to be on the tenancy agreement and asking for £60 now.

She said she wants to view the property again in 4 weeks and if we don't comply the landlord will give 2 months notice.

What do you think? Do I have to add my son even though I listed him on my own tenancy agreement? My son still says to me that he's not necessarily staying here.

PasturesNew

Yes you're being bullied. Others will shortly back that up with what to do.

It's none of their business how dirty the oven is until you leave, nor the weeds, or how tidy/not you keep the house. It's only their concern when you move out and hand it back.

Re kids, no idea. Top advice for kids is: Keep Away From Children... you'll find it written on lots of packets, it's a piece of great advice.

DVardysShadow

Write immediately to the agent and ask for the Landlord's address. You are legally entitled to this. And communicate directly with the landlord, pointing out that you declared your children at the outset and that the LA is threatening to issue you with a Section 21 on the pretext of your children, unless you pay her £60.

She could well be operating on her own account to screw money out of you and acting entirely without the knowledge of the landlord - although if your son is over the age of 18 and can be construed as anything other than a guest, there may be an issue to be worked through.

As for the section 21, has your deposit been protected? If it has not, then any section 21 issued will be invalid.

As for the tidiness of the house, her comments arise form being an interfering scab itch, rather than from legally representing the landlord's interest.

enchated1

Thank you for the reply guys.

The only thing that I will say about the tidiness of the house is that we don't have enough storage. This is a three bedroomed house. I'm in one room; my son is in the other. But I do have my other (student) children's stuff stored too. The house is not damaged and quite frankly I don't think that it's all that untidy and definitely not dirty. But it is lived in - I'm sorry but yes we live here.

My deposit is protected yes.

All of my children are over 18 and they were all over 18 when I listed them on my tenancy agreement. I also listed my elder daughter's boyfriend because he stays here too.

But I do accept your point about contacting the landlord. I have his phone number and address - he gave it to me himself just in case of an emergency.

I will call him but I wanted your opinion first. The last time the agent came she told me that my heating was on too high - I was off from work ill at the time.

Oh and by the way I don't know what a section 21 is I'll google it now. Thanks.

BitterAndTwisted

THE ABSOLUTE BLOODY CHEEK OF IT!

You already have a tenancy agreement and you cannot be compelled to sign a new one with new and different people on the agreement. But it's absolutely true that should you not sign a new one you could be given two month's notice. I can see how a new agreement could benefit the agent but cannot see how that or giving you notice could benefit the landlord. Kindly remember that the agent is angling for the £60 fee and if not that, then a nice new, fat tenant-finding fee.

I would suggest that you WRITE back to the agent, copying in the landlord stating that as your student children are perhaps not intending to remain in the property for much longer that you see no benefit to anyone in being compelled to add them to a new tenancy agreement. At the same time you should remind the agent that how you choose to live in your home and whether it's as clean and tidy as they would prefer, you are fully entitled to do as you wish as long as you return the property back in exactly the same state of order and cleanliness as at the start of your tenancy, which you fully intend to do. So you would respectfully ask that they keep their observations for the check-out only.

Please be advised that you are not compelled to allow viewings as frequently as every month or at all unless you agree to them. Obviously refusing them altogether will eventually impact on the landlord's ability to fulfill their statutory repairing obligations, so you might not want to indicate that you will.

The heating on too high? Who the hell does this "scab-itch" think she is, your Mum?

DVardysShadow

enchated1 wrote: »

... The last time the agent came she told me that my heating was on too high - I was off from work ill at the time.

OK, you were ill. But that is time for telling her it is time to go. And heaving her out of the door by the scruff of the neck if she did not make her way to the door fast enough. You would be within your rights, too.

G_M

enchated1 wrote: »

I've been renting a property for almost 2 years.
Are you now on a (monthly?) Preiodic Tenancy or have you signed new Fixed Term contract? This is relevant regarding Notice landlord can/cannot give you.
When I took the property I completed the agreement listing all of my children (who were students) as staying at the property sometimes.

The last time the letting agent viewed the property she said that the oven was dirty. None of her business. It only becomes her business when you leave the tenancy as it must be left in the same condition as when you arrived. How you live in the meantime is irrelevantShe also said that my son was in the house and she asked for £50 to add him to the tenancy agreement. Is he over 18? And living there or visiting? If Yes to both he needs to be on the tenancy agreement. If he's under 18, or a visitor, it is none of her businessI refused to add him to the tenancy agreement because we don't know how long he is staying here. I don't know how long I'm staying here either.

We we had another check recently. We've just had a letter saying that the house was generally untidy (We'd tidied it) and the oven was dirty. She said also there are weeds in front of the garage.Irrelevant - see my comment above And she enclosed a form for my son to apply to be on the tenancy agreement and asking for £60 now.See above

She said she wants to view the property again in 4 weeks and if we don't comply the landlord will give 2 months notice.This is harassment - a criminal offence.

As DVardy says, contact the landlord. He may know nothing of this and be unhappy about it. If you don't have his address you are legally entitled to demand it. See here.

Also write to the agent:

Dear Mr agent,
Further to your request to inspect the property in 4 weeks, I note that you have inspected twice in the last (X) weeks/months. This seems quite adequate, and I therefore feel a further inspection is intrusive, and contrary to my right to 'Quiet Enjoyment'. Kindly re-schedule your next inspection for 6 months from now.
Regarding your comments about the oven and garden, please note that this too is contrary to my right to 'Quiet Enjoyment'. Neither poses a health hazard, nor constitute damage to th property. Rest assured that at the end of my tenancy the property will be returned in the condition in which I found it.
Meanwhile, further comments about my lifestyle will be interpreted as harassment.

While I am writing, can I request, in accordance with the Landlord & Tenant Act 1985, that you kindly supply my landlord's address within the next 21 days?
I look forward to hearing from you.

Yours sincerely
A Tenant

edit: who pays for the heating? you or the landlord? If you, none of her business how hot you keep the house! If the landlord - well, more fool him for including heating costs in the rent. Still none of his business how hot you keep it!

ps - do you think the agent may come back with a key either when you are in or out, and let herself in to inspect? If you fear this, spend £5 on a new barrel for the lock and change it. Keep the old lock to replace when you leave

Blacksheep1979

Definitely speak to the landlord - I bet he isn't at all aware of the threats to boot you out unless you give this skank some money. I bet he's not going to be entirely impressed at the possibility of losing a tenant.

enchated1

Thank you very much everyone for your overwhelming support. I certainly will write that letter to the letting agent. I really don't like them coming round.

I'll telephone my landlord. I don't mind him coming round he's a nice bloke.

Initially I took the rental for 6 months - that was ages ago so now I can leave with one months notice and my landlord has to give me 2 months notice. I like the freedom of that arrangement.

As to my son. He is no longer a student and he is here. He insists that it is temporary and wants his own place. But he has been here quite a while already. Having said that I can dispatch him off to my Mums and/or my daughters (we could rotate him :-)). I don't want a new tenancy agreement quite honestly and I certainly don't want to pay £60 to the agent. I don't understand why I need a new agreement - I pay my rent. This is a three bedroomed house. Surely they didn't expect me to rent this just for me.

BitterAndTwisted

Would you care to disclose the name of this shyster letting agent?

enchated1

Just as a follow up.

I have telephoned my landlord.

He said that he did know about the problem with the dirtiness of the house. But he also went on to say that the agent thought that I had left leaving my son alone in the house. She has also said that there is more than one son.

I have told the landlord that it is me who lives here all of the time. But he was rather wishy washy quite frankly. He even briefly mentioned increasing the rent.

Finally I told him that if he wanted me to leave to tell me now. He said that he didn't want me to leave. So i said that I would write to the agent (using G_M's template). I will also say that my son is not living here he's a visitor.

We left it at that.

I have to say that I now know the meaning of being left with a nasty taste in my mouth.

I'll PM you Bitter and Twisted. (Actually I'm felling rather bitter and twisted today).