feel like im being harrased by letting agent - can they do this?

skint-student-nurse

Just as i thought G_M. Talking of the contract/agreement,they keep telling me i am in breech of it in several ways - i asked and yes i agree what the late rent is obviously an issue, but when i asked what the other issues were,they wouldnt tell me.

G_M

Ignore them then.

If they want to make an issue out of any alleged breaches of the contract
a) they must specify in writing what the breaches are
b) they must state what remedy they expect (eg you repair something, pay rent arrears, get rid of the horse you're not allowed, whatever)
c) if you refuse and they wish to take matters further they must take you to court.

Anything else is just hot air!

skint-student-nurse

Just out of curiosity - and apologies if its already been mentioned or is a silly question,im not well - is it worth letting the LL know just how bad the letting agent is being? This is the first time the LL has ever let a property out and Im certain that he is an accidental landlord.

princeofpounds

If they turn up and knock on the door or repeatedly press the buzzer, record it on your mobile phone and note the time and date. This will be key evidence of harrassment should it get that far (but it is unlikely to - once they realise you know the law they will probably back down, although that's not to say you won't ultimately be asked to leave by the LL).

skint-student-nurse

thanks prince,the thing is they know that I used to be a landlord myself,so they KNOW that I know the law,yet they continue to be a bunch of pricks. Im in the unfortunate situation of being off sick again,hopefully not for long though. I had a look on another forum,specifically for landlord, and it mentioned that I can actually go to the police for this..is it worth doing or does it seem a bit extreme?

dancingfairy

I would say you should go to the police and report it. Hopefully you won't need to follow it up but if they continue at least you will already have started the process. The police may also want to know why you hadn't reported a previous incident if you have to report the next one( IYSWIM).
The fact they are threatening you in relation to the gas certificate is wrong as well. Even if we say o.k you are in the wrong for not paying the rent that does not in any way give them the excuse to bully/harrass/threaten you or give them any reason not to carry out their duties set down in law (ie the gas certificates).
It might be a tad difficult to arrange if you are perhaps in and out of hospital/at work etc but you should be able to come up with an appointment by mutual arranagement and if you can't be there to supervise then you can ensure a trusted friend or colleague can instead.
I would write to your landlord as most decent folk would be appalled at the letting agents behaviour.
df

skint-student-nurse

thanks dancingfairy, i have a note from them on headed paper to say that they had 'popped round' to see me, and they even dated it so i guess this could be used as evidence? I feel obliged to write to the LL as from what I can make sense of,they are just as liable as the LA if they know about the harassment and dont act on it

princeofpounds

It's not particularly strong evidence, harrassment needs to be either seriously disturbing or repeated. Popping round with a note once is not wrong. But if they were to pop threatening notes through the door, or do it every day combined with repeatedly ringing the buzzer, then you might get somewhere. But I agree it's important to report the buzzer incident so that the record-keeping starts.

You shouldn't aim to 'catch them out'. The only purpose of this is to give you some leverage should their conduct become even more threatening, it's an insurance policy. It won't let you off your responsibilities.

skint-student-nurse

Its a combination of some notes, and turning up several times since the 16th. I have informed them that I will only deal with letters and emails, not phone calls,texts or face to face as I want everything in writing just incase.

lynzpower

Not only that but I guess its for you to decide whether they are acting as a debt collection agency: these areas are very tightly regulated.

. You might want to have a good read of the details on sites like: http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/debt-collection

Most landlord and letting agent use well known and regulated debt collection firms,they dont do it themselves.

Just something to think about