Estate agent from hell help!!!

pmlindyloo

Whilst I don't disagree with the above comments I am wondering whether this would constitute 'unfair terms' in a contract?

I wonder if it is worth the OP running this past a solicitor (get a free half hour - CAB possibly?)

What do you think?

chewmylegoff

Might be worth a free 1/2 hour with a solicitor?

Seems to me that if "prospective tenant" is not defined in the contract then, if it came to court, it would be for the court to decide what prospective tenant means. Presumably the court would consider whether the applicant was someone likely to behave in a "tenant like manner", ie pay the rent and generally come with a tenancy agreement.

If you could demonstrate to the court that it was unlikely that the tenant would have been able to pay the rent, or that there was another reason why the tenant was not clearly not suitable then you might win but I'm no expert here. You say that one of the applicants was a group of sharers- if you rent a property to more than a certain number of unrelated people, it becomes an HMO (housing of multiple occupancy, or something like that). The rules on HMOs vary from council to council, but it's possible that it would have been illegal for you to let to this group without registering as an HMO and making changes to the property such as installing fire doors etc. If you were not legally permitted to let the property to them, it's going to be difficult for the agent to convince anyone they were a "prospective tenant".

pmlindyloo

Worth a read?

http://www.oft.gov.uk/shared_oft/business_leaflets/unfair_contract_terms/oft143.pdf

jc808

Whats wrong with Taxi Drivers?

poppysarah

So one of the offers would have turned your home into a HMO? (Something a LA should know about)
And not accepting false references is a good thing too!

Write to them clearly stating why you are rejecting the two offers.

rentergirl

What's wrong with Nannies and Taxi drivers? Do you own and plan on letting out luxury housing suitable for millionaires? I get so angry when perfectly acceptable working people are refused flats. I get even angrier when claimants are discriminated against. That said: if you didn't make it plain, then pay up. If you did, dispute it ( and I never sympathise with agents, but here I think I do.)

ruggedtoast

usman122 wrote: »

The definition is not stated in the contract. However, I've told them on many occasions that I wanted perfessionals, who were either family or couples. There idea for professionals include taxi drivers, nannys which I think is crazy!

As I'm a new landlord first time I've let a property I feel as if they have taken advantage of my lack off knowledge in this area.

So basically you expected Rumpole of The Bailey to rent your cardboard walled buy to let shoebox, but you got a couple of normal people trying to instead.

Good luck!

pmlindyloo

rentergirl wrote: »

What's wrong with Nannies and Taxi drivers? Do you own and plan on letting out luxury housing suitable for millionaires? I get so angry when perfectly acceptable working people are refused flats. I get even angrier when claimants are discriminated against. That said: if you didn't make it plain, then pay up. If you did, dispute it ( and I never sympathise with agents, but here I think I do.)

This forum is always telling landlords to get proper reference checks etc etc and I think this comment about taxi drivers etc is totally irrelevant as regards the 2 prospective tenants that the OP was sent.

if you were to take this to the extreme then the LA/EA could send anyone they liked as long as they were looking for somewhere to rent.

This is a huge sum of money to be paying and in the OP's shoes I wouldn't be accepting this lightly.

tbs624

usman122 wrote: »

I just feel that they haven't provided me with a valid tenant the tenants provided were not the type I was looking for. The 2nd tenants reference is not even valid. To me it's day light robbery.

What does the contract say, if anything, about the duties of the LA with regard to tenant referencing?

usman122

Hi thanks, for the replies it's been really helpful.
Having read the following link yes the first set of tenants would off been a HMO.

http://www.hounslow.gov.uk/index/housing/houses_multiple_occupation/hmo_what_is.htm
Which is Interesting as they made no mention of it at the time which they should of as they are a local agent and should know these things I believe, and stated I would of needed to inform the council.

Another point I wanted to ask is CCJ are theses based on addresses or against your name?
And for my future tenants what would you consider as an acceptable landlord reference last 6 months, last 12 months?