MAJOR help needed... typical LA

deedee71

Ben_Reeve_Lewis wrote: »

English government flatly refuse to regulate landlords or their agents, which is an abomination in my book. But Wales have just produced a consultation document, that I will lay money on getting passed, that proposes licensing for all landlords and agents.

Not a cash milking exercise but a fast, effective way of taking the rogues off the board. If you breach the standards set by the government you cant run a property unless you pass management over to someone who still has a licence to let. If an agent breaches the standards then they cannot let properties in Wales and get a £50,000 fine.

Everyone should back their proposals, because if Wales can usher it in and it is proven to work, England in the form of Grant Shapps and David Cameron dont have an argument for not doing it.

Actions like Marlie is currently experiencing would put her agents out of business.

Dont get mad people, just get even!!!!

This has been running in Scotland for a couple of years. However I've reported two of my neighbouring properties as being unlicenced (not busybodying, they are absentee landlords and won't pay their share of the tenement upkeep). The council have so far done absolutely nothing about it.

The LA refused to give me the landlords name and address due to "Data Protection".

They need to extend the legislation so LAs are legally bound to not market the properties of unlicensed landlords. Until that happens the legislation has no teeth IMO.

Ben_Reeve_Lewis_2

Law in Scotland can be different in many ways to English law and I simply dont enough about it DeeDee but I am pretty sure that section 1 of the Landlord and tenant Act 1985 applies, in that if you demand the name and address of your landlrod in writing they have to comply within 21 days, also in writing or face prosecution. Check with Shelter Scotland for that.

Also you can contact land registry for proof of ownership, which oftens throws up their address. It costs £8.

In England. under Section 48 of the same Landlord and Tenant act if you dont have the address of your landlord in England or Wales where you can serve notices on them they arent entitled to receive any rent, but under Scottish law it may be different

marliepanda

Hello!

Sorry for the delay in replying, but took my friend out for a sandwich and he helped me take some heavy boxes to the PO.

Firstly the 'boss' of the letting side came to talk to me. He said that he was sorry for the emails and that it was a conflict between the 'letting side' which I am the first priority of (I have been a fine tenant for 5 years) and the 'selling side' who I currently have issues with. I said I have issues with whoever is threatening to break into my house.

It was quite awkward as the guy who came to see me (without Des and whoever else) is the son of the man sending the harassing emails. I said I was extremely distressed by the emails, and I also stated that I had been reasonable with viewings and had allowed them in the previous Friday, and that my initial times I set out allowed for viewings every other Friday (ie this friday was an off week)

He said that he was surprised that the relationship had deteriorated to this point, and I said have you ever threatened to take someones door off. he said they were doing it at 4pm to an awol tenant who hadnt paid rent and they were concerned for the property. I said well I dont agree with that either but I am NOT an awol tenant and I have paid my rent!

Anyway after this discussion (held outside my home) I let him in for an inspection (stupid I know, but its very difficult in this situation ) I didnt 'let him off though' as he made comments such as 'whats on this carpet' and 'how do you find anything' I said I am moving, you cannot threaten me into coming round then expect me to keep it like a showhome! URGH.

Anyway I personally showed the viewers round. I did not let him in after the initial inspection. Yes I know I probably shouldnt have done this either but when Ive had very little back up from the police and the council its difficult. I made sure to point out that the reason my bike was in the bedroom is because the bike store keeps getting broken into!

Anyway I am sorry to those who wanted me to completely tell them where to go but I see now how little back up from anyone in authority that tenants get.

I have handed them a letter regarding viewings, stating who I do not want to deal with anymore and that all viewings must be expressly agreed to by myself. This was kindly editted for me by Ben and contains the relevant laws etc so hopefully this will be heeded. I have a copy for myself a witness to me handing over the copy.

Again, me being naive, but the man who came today was 'letting' whereas everyone I have spoken to so far has been selling. This shouldnt make a difference as they are partner companies, but that was 'one' of his explanations for the way it went down. He made some comment of how 'the relationship doesnt seem to be flowing normally' and I said that tends not to happen when you threaten to take someones door off.

somethingcorporate

It's a crying shame you resulted to giving in despite almost 200 posts of support. Had I read you were from York before I would have popped round and used an assortment of 4 letter words (on your behalf) before they came within 100 yards of your property.

Please do name and shame this shambolic company.

*Robin*

k1ngston wrote: »

As a tenant it can be easy to feel like you're on your own against LLs, LAs, the law and everyone else who makes renting difficult - it's so heartening to see all this support and advice.

I'm a landlord and I think it's appalling!

We used to use an agent, but sacked him after he permitted the tenant to sub-let without informing us, returned her deposit without any checks (she had failed to pay her CT, water rates, and left a string of unpaid fines - which we settled to stop her successor being hassled by debt recovery agents). The final straw was when the LA charged us £85 to change a light bulb in the communal hall (which was not our responsibility).

Tell you what, Marlie; I'll do the lottery tonight - if I win, I'll buy a house and rent it to you so you'll never ever have to put up with such rubbish treatment from a LA again!

marliepanda

somethingcorporate wrote: »

It's a crying shame you resulted to giving in despite almost 200 posts of support. Had I read you were from York before I would have popped round and used an assortment of 4 letter words (on your behalf) before they came within 100 yards of your property.

Please do name and shame this shambolic company.

I know, and you guys have been amazing, but when the TRO (or whatever) guy isnt backing me up, nor the police, its very difficult.

I dont want it to get to the point where they are coming in whilst I am out/breaking locks and leaving the property unsafe.

Yes I know I am right but I dont WANT to go to court. I wish I could be the 'hero' and fight the good fight but I'm not strong enough to do that. I just want to live here, get my bond back and forget I ever had dealings with them

marliepanda

*Robin* wrote: »

Tell you what, Marlie; I'll do the lottery tonight - if I win, I'll buy a house and rent it to you so you'll never ever have to put up with such rubbish treatment from a LA again!

I appreciate the sentiment, but I am NEVER renting again. EVER EVER. I am going back to my mums, saving like crazy, and getting my own place. I cannot deal with this crap again.

slimsia

marliepanda wrote: »

Anyway I am sorry to those who wanted me to completely tell them where to go but I see now how little back up from anyone in authority that tenants get.

No Need for apologies, you're living this and dealing with the realities. Very easy for rest of us on the sidelines.

Good Luck with the rest of things.:)

ps I think you did great

Turnbull2000

So the borderline criminal letting agents win. Sigh.

Ben_Reeve_Lewis_2

Marlie I’m really glad all went without too much intimidation.

Don’t apologise for letting the guy or the viewers in. It’s easy to say tell them to go swing when you are just typing advice and not on the doorstep.

Sticking purely with the legal angle. I’m really pleased you kept it cool and you had appropriate answers for his queries.

As for his excuse that the perpetrators of the threatening email are sales not lettings, this could play even further in your favour. Letting agents aren’t required to be registered or licensed but estate agents are and allegations of criminal conduct against estate agents are far more serious in that respect. Call your council’s trading standards team for more advice and lets hope they are more proactive in helping you out than your adviser.

They obviously were scamming on the inspection/viewing issue weren’t they? But you have amassed brownie points but showing them around.

Now time to follow up. Complain to ARLA about the threats from the company as a whole and the estate agents ombudsman on the basis that the threats came from a licensed member.

You still have the quiet enjoyment issue to address, have a think about taking that forward. There are issues about who would do it and costs but I would definitely seriously consider it.

Now relax for the weekend