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Estate Agent has lied to my landlady!

I am unsure what to do about this, basically my landlady is selling up and I am looking elsewhere. The local estate agent, who also lets houses as well as sells them, visited the other day and basically glanced at a few rooms from the doorways, looked at the garden and left. He then wrote an email to the landlady saying the house was dirty. His complaints included stuff about the garden and exterior of the property which is not my responsibility and said she should force me to have a professional deep clean because the walls all need washing.

The house is not dirty. And this isn't me being defensive, it simply isn't. It is messy at the moment but as I explained at the time I am decorating the lounge before I move out. I have taken photos of everything I have done, the walls are in the process of being freshly painted and upstairs is as it was when we moved in. I have been here 18 months and now I cannot apply for houses via this agent because he obviously thinks I am a filthy woman - to quote him he said "the house will never look clean whilst she is living it in".

Is there any action I can take - surely there must be some recourse if these people are actually lying? It just feels like he is trying to rip me off for my deposit to be honest.

Comments

  • anselld
    anselld Posts: 8,737 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The state of the place now is of absolutely no relevance. It is only the check-out state .vs. the check-in state that matters and even then some allowance must be made for fair wear & tear.

    Ignore the agent, at least until its time for checkout. Then take up any issues through the deposit scheme if necessary.
  • ruggedtoast
    ruggedtoast Posts: 9,819 Forumite
    Why do you have this email?

    If you were cc'd in I would write a rebuttal with the photos you have taken.

    Unfortunately, barring a lottery win, "normal" people have no chance of bringing a prosecution to bear for slander or defamation.

    However, if that is implied in the the email you may want to mention that assumptions about your character based on a cursory inspection of a rental property is most unwelcome, well beyond his remit, and possibly actionable.

    The problem is with letting agents is that many of them are literally, of subnormal intelligence.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 9 March 2012 at 3:50PM
    I am unsure what to do about this, basically my landlady is selling up and I am looking elsewhere. The local estate agent, who also lets houses as well as sells them, visited the other day and basically glanced at a few rooms from the doorways, looked at the garden and left. He then wrote an email to the landlady saying the house was dirty. His complaints included stuff about the garden and exterior of the property which is not my responsibility and said she should force me to have a professional deep clean because the walls all need washing.

    The house is not dirty. And this isn't me being defensive, it simply isn't. It is messy at the moment but as I explained at the time I am decorating the lounge before I move out.
    Do you have written permission from the LL to do this?
    I have taken photos of everything I have done, the walls are in the process of being freshly painted and upstairs is as it was when we moved in. I have been here 18 months and now I cannot apply for houses via this agent because he obviously thinks I am a filthy woman - to quote him he said "the house will never look clean whilst she is living it in".
    Do you have to use this LA? Try to find a self managing LL via your own wanted ad or via the local LL association.

    He would appear to be a muppet - the property is your home for the duration of your tenancy - you are under no obligation to keep it especially shiny for potential buyers. As the post above says, you are merely required to not damage the property and to return it in the same condition as when let, allowing for fair wear and tear. Was a jointly signed inventory completed at the start of the tenancy?
    Is there any action I can take - surely there must be some recourse if these people are actually lying? It just feels like he is trying to rip me off for my deposit to be honest.
    Take your own detailed & date evidenced photos of the property now (to refute what the LA has said if you want to), and then a set after you have prepared for final exit. Is your tenancy deposit scheme registered btw? Have you received the scheme's prescribed information from the LL?

    Your next battle will no doubt be the gobby LA trying to insist on viewings as and when it suits him/the buyer. He/the LL needs your agreement so insist that any viewings will only take place at times/dates which are mutually convenient and agreed in advance, in writing. You could tell him/the LL that you are minded to refuse viewings altogether because of his unwarranted comments. If they threaten you with no/poor reference you can always remind them that they will need vacant possession to sell so it is not in their interests to thwart you finding a new place.
  • rentergirl
    rentergirl Posts: 371 Forumite
    I would contact the owner, and politely put your case. The estate agents sounds incompetent, but I think it would be useful to have a good reference, so the photos, and the previous signing in 'snag list' are worth referring to. This agent sounds like they are just causing trouble, but don't cause it back. It might well backfire.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 9 March 2012 at 9:01PM
    Just to be clear - this is an estate agent employed to sell the property? Not involved in your rental in any way?

    So:1) maintain good relations with your landlady if possible - a polite email or phonecall to object to the EA's assessment, and at the same time reassure the LL that when the time comes to leave, you will, of course, ensure the property is as you found it. (as tbs says - you have got written agreement for redecoration?)

    2) bear in mind you have a trump card - you can deny access to the EA if you wish. So if/when the EA wants to show buyers round, you can refuse all access. If you suspect your wishes may be ignored, change the lock.

    However, both to make things clear, AND to maintain your relations with the LL, I would write to the LL and copy the agent, making clear on what days/times you are willing to allow viewings (eg two eves per week? Or weekends between 3 an 5? Whatever). Also make clear that a) you need advance warning AND agreement and b) other times or in your absence are not 'convenient'.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    G_M wrote: »
    Just to be clear - this is an estate agent employed to sell the property? Not involved in your rental in any way?
    The OP doesn't make this entirely clear, I agree. She does however say tha the EA deals with lettings as well as sales , and
    It just feels like he is trying to rip me off for my deposit to be honest.
    EA would of course have nothing to do with the tenancy deposit return/retention if only being used as a selling agent
  • propertyman
    propertyman Posts: 2,922 Forumite
    edited 10 March 2012 at 2:10PM
    I don't disagree with what has been said, but I will add a different perspective.

    References will need to be obtained which will come from the current letting agent, who, if they are the selling agent, needs to be made your "friend" to get want you want- no matter how much you want to put him through your grannies mangle, slowly, for being such a git.

    Perhaps in preparation for moving you tidy everything up, perhaps de personalise it if you have items which might put the average person off.

    Perhaps a box of sugar soap and a couple of evenings you give a good clean top to bottom so that when you move

    a: it will be a lot less work for you on moving day
    b: you get the reference you want

    Sometime we just have to deal with idiots... :mad: as

    it could always be worse, thank God you're not a snobby agent.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ....

    References will need to be obtained which will come from the current letting agent, who, if they are the selling agent, needs to be made your "friend" to get want you want- ....
    Or from the landlady.

    Another reason to keep a good relationship wih her whilst still keeping the agent at arms length,
  • propertyman
    propertyman Posts: 2,922 Forumite
    G_M wrote: »
    Or from the landlady.

    Another reason to keep a good relationship wih her whilst still keeping the agent at arms length,

    Unless the landlady has an agent to keep tenants at arms length...

    better to keep everyone on side as far as is reasonable.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • Thank you everyone. The notice to quit is from the LL because she is wanting to sell the property. The EA was viewing the house with a view to selling it for her. He has now lost the sale! YAY.
    Another EA who is now handling the sale had a much more realistic approach ie, the place wont be a showhome because it is a family home.
    In answer to a question about decorating the lounge, this was arranged with the LL so that is all fine.
    I have kept up a dialogue with the landlady who has been to the house and knew it was not filthy as he had said but also knows I can be a messy !!!!!!!
    Basically my plan is - find a house, move out, there will be an overlap of at least a few days there always is, and during those few days I am going to blitz the house top to bottom.
    Sorry for not responding to this before, for some reason my email alerts have stopped working. Off to resolve this now!
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