Harassment by Landlord's agent

BitterAndTwisted

VintageVixen wrote: »

At no point would we be given notice as we are not at fault. I am not ignoring them. I have been very unwell.

I'm very sorry that you've been unwell but do not be so sure that you won't be given notice. As far as your landlord and agent are concerned you've paid the first month's rent and that's it. You appear not to have responded with any sense of urgency and saying you'll deal with it next week will not give them any comfort whatsoever.

If you don't sort out where this payment has gone immediately do not be surprised to receive a Section 21 Notice in the post in the next few days. Bad reference. Difficulty in securing next property. Etcetera

It might be time to send an apologetic and placatory email reassuring them that you are taking this situation seriously and will resolve it tomorrow.

Cissi

VintageVixen wrote: »

I am not ignoring them. I have been very unwell.

I'm very sorry that you have been (are?) unwell, but with all due respect, this isn't the LL's problem. What do you know of their affairs, problems, commitments? Do you expect them to, say, happily default on a loan out of understanding for your situation? Sorry, but if I was your LL I'd be looking at issuing a S21 at the first opportunity after this, especially as a new, unproven tenant (unless you fell even later behind with your obligations in which case it would be an immediate S8).

If you're telling the truth and it really is a bank mix-up then you've been very negligent in failing to sort this out in the past 3(!) working days. As others have said, it should be a simple phone call - at least to get some evidence to present to the LL that the payment did indeed leave your account, which would show good faith. No need to go into a branch at all (don't think I've visited one in the last 10 years). And if you're too ill to even lift the phone, then you may need to give someone else power of attorney over your affairs until you get better, as you could end up on the street if this continues!

Sorry to be harsh, but I don't think you'd be helped by a "aww, poor you" response as the real world doesn't work like that.

olly300

I strongly suggest OP that you apologise to the letting agent and tell them exactly what condition you have which hospitalised you. People are more sympathetic if you state I had an operation under GA for my bowels or whatever.

I also suggest you don't mention anything about harassment.

Otherwise the letting agent will ensure they let all repairs to the property fester for as long as possible - remember the law only mentions that repairs have to be done at a "reasonable" time and reasonable in the case of boiler break down in winter can be 2 weeks.

Plus they will be on top of you immediately if another rent payment goes astray within your fixed term tenancy.

tim123456789

VintageVixen wrote: »

We moved in to a new property about 7 weeks back. We received a note put through our door on Monday, stating that the rent for last month had not been received, as our bank have not actioned the standing order.. This was hand delivered so they visited our property without notice. This was the first we had heard of it, not phone call/email saying the rent had not been received.

I then late last night received an email from the letting agent in response to my email about the note we received. Then this morning we were woken up by persistent banging on our front door. We ignored it initially yet it continued. It was a member of staff from the letting agents, with the excuse, of wanted to check our front windows as they need replacing, despite them being looked at when we moved in, as they sent round a maintenance man to look at them. We have been waiting ever since for a date on when they are being fixed. In my email to them Monday night I had stated that this had still not been done.

As far as I was aware they have to give a minimum of 24 hours notice in writing before turning up on my doorstep.

No, they need to give 24 hours notice if they wish to enforce an entrance

No-one need give any notice at all if all they do is turn up at the door to see if you are in, for a "chat".

Werdnal

Calling around to hand deliver a note chasing your rent does not require 24 hours notice. Even knocking on your door to speak to you on the doorstep required no prior arrangement.

Phoning you to ask about missing rent is not harrassment. Maybe 5 times in a day is a little excessive, but it shouldn't take you more than an hour to sort the rent payment issue, so I cannot actually see a problem here. I would be mortified if my rent hadn't been paid, not ranting about someone actually having to remind me about it!

You reminded them about a promised repair of the windows and they sent a maintenance man within 48 hours - this is not harrasssment. ... to be honest, for an agent this is a very prompt and proactive response. You, of course have a right to refuse them entry, but you have asked for repair, and now moaning about them sending someone to assess it - you cannot really have it both ways.

I think you need to take a step back from your ranting about the agent and get your rent sorted out as a priority. The onus is on the tenant to ensure rent is paid on time, and if YOUR bank has screwed up the standing order, you need to sort it out asap - why did you not offer the agent a cheque payment whilst you sorted the standing order out? You seem very quick to point the blame at others here, when if your rent had arrived on time, none of this would have happened.

Your LL has the right to issue you notice at any time, without any reason being given, and if you are so early in your tenancy and already late with rent, I would be sending you one today! Notice cannot take effect until your fixed term ends, but do not expect your LL to sit back and ignore this. I am afraid, your state of health should not have any bearing on your late rent.

Hope you are better soon, but get your rent sorted, otherwise this is likely to be a very short tenancy!

Werdnal

VintageVixen wrote: »

Thank you Stephen, the most helpful comment so far

Thank you Stephen, for telling the OP what they wanted to hear, aww bless!

Doesn't make it any more valid than any other responses here though

Guest101

VintageVixen wrote: »

Thank you Stephen, the most helpful comment so far

Just because it's not what you want to hear, doesn't mean the other comments aren't right. You are obliged to pay the rent to the landlord, your bank isn't. So YOU need to chase this up and find out what's happened.

YOU still owe the rent if it has gone to the wrong account, so sort it out. You give tenants a bad name

meercatsunited

if you dont get this sorted asap you may not receive a good reference when you move on and no one will let their property to you.

have you any thoughts to the fact the landlord will have to pay the mortgage regardless of your non payment of rent.

if he didnt pay it and you were evicted through repossession would you be happy to be homeless.

DaftyDuck

Werdnal wrote: »

Thank you Stephen, for telling the OP what they wanted to hear, aww bless!

Doesn't make it any less valid than any other responses here though

Does make it the only one the OP is likely to thank - even though it's possibly the one with the least accurate information in it.

OP. If you have not paid the rent, for whatever reason, you are at fault. The reaction of the letting agents has, so far, been considerate and not overstepping the mark. Your lack of action in not sorting this, or offering a valid and accurate explanation is not.

The agency is, in my opinion, rightly concerned that you have not paid all your rent, and rightly concerned you are not doing all you can to rectify this problem. If the money has left your account, it should have either arrived in theirs (in which case you will be able to demonstrate the fact), or has gone to the wrong account. This is a matter you should be dealing with immediately. Was the previous months' rent paid by standing order? If the standing order has not been "actioned", that's your responsibility to sort out - swiftly!

You have been given sound advice by people who know far more about this than I do. You'd be well-advised to listen to them, and act accordingly - and act swiftly. You are not gaining good will from the agency, and this will cost you dearly in the future. Holding on to "principles" - especially when you are in the wrong - is never a good idea!

starbarboy

Werdnal wrote: »

Thank you Stephen, for telling the OP what they wanted to hear, aww bless!

Doesn't make it any more valid than any other responses here though

Yes, but there are ways of telling people things that they may not want to hear. I sometimes get the feeling that there are some users on this forum who get off on trying to make others feel stupid by being rude - perhaps they were bullied at school and have never quiet gotten over it