Unprofessional estate agent

yiamas85

Hi I have a number of questions and I would be very grateful if anybody can help me. I began renting a property in Sep 2011 and it ran for a year. I signed another yearly contract which runs out Sep 2013. The first thing I noticed was the inventory was wrong and I emailed estate agent. She told me I should have gone through it with her when I moved in but as she left as soon as contract was signed, this was not possible.

Three months into the tenancy she phoned 'to see how I was'. I said everything is fine and a visit isn't necessary. She insisted she wanted to see how I was. When she came she proceeded to show herself around the house, even opening my bedroom door. I sent an email complaining and she said she assumed I knew the purpose of the visit but it was clear to me she avoided using the word inspection to catch me off guard- which she did.

I told her of several problems throughout tenancy (including slugs and mice) and everything was either dismissed or I was told my partner (who worked away) could fix it himself. Eventually, I just gave up and tried my best to sort out problems, including a latex glove stuffed into a hole in which a mouse had come through!

I have three young children and they have scribbled on some of the walls. However, when I moved in there were nails and marks already on the walls. She now says I have to foot the bill to re-paint house. The whole downstairs and upstairs is painted the same so basically for the sake of a few pen marks I would have to do the whole house. This seems unfair considering it was in need of decorating anyway, and will be happy to contribute but not pay for the whole lot.

Lastly, I assumed I could give one months notice as I pay my rent monthly. I did re-sigh another years contract but still assumed I could give 1 months notice, This is part of my contract

"7.8.1 In the event this Tenancy becomes a periodic tenancy, the Landlord agrees that the Tenant can terminate the tenancy by giving the Landlord not less than one months notice in writing to be sent by first class post or hand delivery to the Landlord or his Agent. The Tenant agrees that the Landlord can terminate the tenancy by giving the Tenant not less than two months notice in writing to the to be sent by first class post or hand delivery to the Tenant. It is mutually agreed that such notice period must expire at the end of a period being on the (date) of a month."

She is also not allowing for any wear or tear. There were several dangerous problems in the house and after she had dismissed everything else, I stopped telling her about things, only because of her lackadaisical attitude.

I sent her an email and again she has dismissed things. Where do I stand in relation to this. I am scared she will take nearly the whole deposit for problems that I am not the cause, or the sole cause of. Any advice would be much appreciated, sorry it's long!

Rain_Shadow

If you've resigned a 12 month contract you have to see that out.

If you hadn't resigned then your existing tenancy would have become periodic and the clause you quote would have been effective

yiamas85

The contract also states;

7.10 Tenancy Break Clause (optional)

Both parties shall have the right to terminate the tenancy at the end of the first six month period by giving to not less than two months notice in writing to that effect and upon the expiration of such Notice this Agreement and everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period being on the (date) of a month.

What about the fact that she has failed in her duty as an estate agent? Surely that must amount to a breach of contract. I had another email earlier and she expects me to redecorate whole house. She completely dismissed my comments that the house was in poor decorative order to begin with. I think I will have to claim breach of contract. As for the decorating and other issues, that may have to be resolved via the depositary scheme.

Mr_Moo_2

Sounds like you have just missed your break period?

What does your Inventory say about the state of the place - walls etc. You need to return it to the same condition (less wear and tear) when you leave. If the kinds have been crayon-creative, then yes, you need to wash it off or paint it over. Do you have any photos of the place from when you moved in?

19lottie82

yiamas85 wrote: »

The contract also states;

7.10 Tenancy Break Clause (optional)

Both parties shall have the right to terminate the tenancy at the end of the first six month period by giving to not less than two months notice in writing to that effect and upon the expiration of such Notice this Agreement and everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period being on the (date) of a month.

If your year lng contract expires in september 2013, then this break clause window will have passed now.

yiamas85 wrote: »

What about the fact that she has failed in her duty as an estate agent? Surely that must amount to a breach of contract.

Even if it does (and I don't think so), it still doesn't give you the legal right to walk away from your contract without penalty.

yiamas85 wrote: »

I had another email earlier and she expects me to redecorate whole house. She completely dismissed my comments that the house was in poor decorative order to begin with.
.

You don't have to re decorate the house. You have to remove the marks that your children made, and to be honest, it will prob be easiest just to re paint the walls. If you can think of another way to remove them, then that will suffice.

yiamas85 wrote: »

I think I will have to claim breach of contract.

I wouldn't waste your time, seriously.
One thing you need to understand, is that even if the LL / LA does things wrong, it doesn't cancel out anythign that you have done wrong, or get you off the hook for anything you plan to do that breaks your contract.

Oh and another important point is that the Letting Agent is just acting for the Landlord. At the end of the day everything comes down to him / her. If you have any disputes, complaints or questions the WRITE (pen + paper + stamp) to them. There should be an address for serving notices on your contract with the letting agent.

yiamas85

I have just found out the woman is the owner of the letting agency which is why she has flouted the rules throughout the tenancy- she had nobody to answer to. The walls were marked when I moved in, mainly by pictures that had left marks careless unprofessional painting. It was very old paint. I have said I will happily contribute but why should they get a free paint job when it was already far from perfect. I cannot just paint over the crayon as it will be patchy, therefore I will have to do almost everywhere. I tried removing the crayon with a special sponge but this took the paint off. They have scribbled on some parts downstairs in the hallway because the way it has been painted, it would mean me painting right through up the stairs and the whole upper floor to avoid patchiness!

She told me that it was normal to have slugs and mice in the house. There were several issues that she ignored, she never did any maintenance at all in the 18 months I was there. I have been more than reasonable with her but she is being completely unreasonable. She wants me to re-grout the tiles in the bathroom and I said surely agter 18 months with 3 children then the small amount of mould around taps is wear and tear. Apparently not. Surely she can't get away with the way she has acted? God forbid I try and leave early but it seems ok for her to act like this?

yiamas85

I have now been told I should have had a choice if I wanted to sign another 12 month contract or keep to a month by month one. She never told me this :-s

yiamas85

Mr_Moo wrote: »

Sounds like you have just missed your break period?

What does your Inventory say about the state of the place - walls etc. You need to return it to the same condition (less wear and tear) when you leave. If the kinds have been crayon-creative, then yes, you need to wash it off or paint it over. Do you have any photos of the place from when you moved in?

There are many photos and you can see the marks on the wall and in the utility room, as the wrong paint had been used it was falling off. There is a burn mark on one of the carpets which was not included in the inventory. Luckily, shortly after I moved in I emailed her to ask why this was not in the inventory. I never heard anything back. Asked her again not long ago and never heard anything back.

19lottie82

AGAIN, the letting agent IS NOT responsible for the property or it's upkeep! The LANDLORD is!

yiamas85

19lottie82 wrote: »

AGAIN, the letting agent IS NOT responsible for the property or it's upkeep! The LANDLORD is!

She is the middle man, I cannot get in touch with the owners. I wanted to ask if I was allowed my pet cat, she instantly said no pets. I get the idea that it was her company financially responsible for fixing things as whenever I said something needs doing she told me to do it myself. Surely if the owner was responsible she wouldn't be so reluctant to do anything. From the neighbours, it seems the owners are good, honest people. I have a feeling they are not aware of how she conducts her inspections, maintenance, e.t.c. because if they did, no doubt they wouldn't someone like that in charge of their property.

yiamas85

My parents are now sorting a solicitor because she has not followed the correct procedures, her, NOT the owners, and there must be something I can do. She takes the p*** with me yet is very different when she speaks to my partner. It got to the point where I was sticking things in holes to stop mice coming through because she said it was normal! Yes, I clearly need to do something!