Letting agent problems

wendykearney

In may i told my Letting Agency that we were away for 3weks in june and that my friend would be hose sitting. We went away merrily and returned this morning to a shock...

Going through the mail i read a letter from LA saying they wanted an inspection on such a date in june and if they heard nothing they would presume consent and go a head. I then checked phone messages. I had one saying please contact us from LA and another cancelling above appointment and wanting to sort out a new time.

I then carries on with another pile of post. In this was a notice to quit by sept 3rd...

I immediatly rang LA and she said house had gone up for sale whilst we away so we had until sept 4th to go.. I asked her about the Inspection and she said they had done it and mumbled something about last week.
The house is advirtised already, She then stated about us having to allow people to view etc and let slip she'd been in more than once.

A few questions..

Can she assume consent when it is obvious we are away? Was she intiltled to measure up etc whilst we away?

We know she went into house at least twice as cat was left in when we know she should have been out(was locked in bedroom which had been kept shut as it was spare bedroom and not being used) Also alarm was on this am when we got home. My mum checked house lunch tme yesterday and alarm was not on then. The cat had taken a mouse with her, she hid it under corner of duvet and it was only found days later decaying into duvet etc and smelling bad! All bed linen had to be thrown.

Do we have to show pople around from now onwards and at anytime? Can they insist on doing viewing when we not around? The only time convienent to us would be wednes pm as we are out and about with my son most evenings taking him to swim club etc,do i have any choice, can she just say tough?

They have given us notice to quit 3rd sept. If we find somewhere soon can we just give 1 month as contract or are we stuck until sept.

Can they insist on Proffessional clean by a company or can we do it up to a proffessional finish? We have had long standing problems with cracks and flaking on walls - can they hold us responsible even though we have told them about it many times?

Luckily on way back from shopping i spyed a cottage nearby and we are going to see it monday so fingers crossed!


Sorry its goes on a bit

wendy

clutton_2

the letting agent has no rights whatsoever to enter your property whilst you are paying the rent.

Tenants have a legal right to "quiet enjoyment".

if you want to cooperate, then say that wednesdays is the only convenient time for you, and stick to it. let her know that you know your legal rights and that you are doing her a big favour.

she is technically guilty of trespess by having gone in without your permission. when did your AST start and when does your AST finish and what was the term ?

b w

wendykearney

The AST finishes 3rd of June (6month) and it went onto a rolling monthly tenancy with me only having to give 1 months notice and them 2. They were happy about the tenancy continuing mid may but i get the feeling the last interest rate may have been one to far. The LA said the reason was change in circumstance and hinted at the house being sold because of money worries.

If we like the cottage in the morning can we still give 1 months notice even though we have been gven a section 21 asking us to vacate on 3rd sept?
The property we are going to see if available alomost immediately so it would suit us if we could only give 1 months notice.

W3e've had nothing but trouble with the LA and LL since we moved in with no hot water and only partial lighting for months.

luckylukey

If your tenancy says that you only need to give a months notice, you are entitled to give a month's notice whenever you want to , so yes, if you like this place, you can give notice.

And yes, you are entitled to arrange viewings of your current property around the times that suit you and when you are in the house. You are the legal tenant currently so if the agent comes in against your expressed wishes, it is trespassing.

thesaint

I would say that there is a 99% chance that the letting agent does have the right to enter the property. I suppose that you have a contract, and it is stated in it, if you signed it, you have agreed with it. If you have consented to it, no trespass has occurred.

You can withdraw this consent if you wish, but can't retrospectively do anything about what happened earlier.

You don't have to show people around, although you should try to accomodate viewings that do not inconvenience you. State in writing that you are not allowing them to show people around in your absence.

They can insist on professional cleaning, but, the question to ask is whether this will stand up in court as a fair contract term.

You can give your notice of 1 month if this is more convenient for you, they can't keep you there.

Meatballs

thesaint wrote: »

I suppose that you have a contract, and it is stated in it, if you signed it, you have agreed with it. If you have consented to it, no trespass has occurred.

They can insist on professional cleaning, but, the question to ask is whether this will stand up in court as a fair contract term.

A statement in a contract allowing a LL unfettered access would be an unfair term for the reasons clutton set out.

thelawnet

thesaint wrote: »

I would say that there is a 99% chance that the letting agent does have the right to enter the property.

It is an unfair contract term, and void in law.

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft669.pdf

OLD TERM:
Provided that the landlord could enter the property with his or her keys 24 hours after making a request for access if the tenant was unable to grant access.

NEW TERM: The term was revised to provide that this right only applies where the landlord requires entry for repair purposes.

They can insist on professional cleaning, but, the question to ask is whether this will stand up in court as a fair contract term.

It will not.

See e.g., http://news.bbc.co.uk/1/hi/business/3007563.stm

thelawnet

luckylukey wrote: »

And yes, you are entitled to arrange viewings of your current property around the times that suit you and when you are in the house. You are the legal tenant currently so if the agent comes in against your expressed wishes, it is trespassing.

Or to decline them entirely on the basis that the landlord has broken into the house and caused much trouble already. You might normally grant them access as a favour if they have been reasonable, but given the trouble caused, best bet is to change the locks and keep them out.

thesaint

Meatballs wrote: »

A statement in a contract allowing a LL unfettered access would be an unfair term for the reasons clutton set out.

Unfettered access?

The point I am making is, until someone says otherwise, the agent does have access, unfair contract term or not.

What penalty would the agent face for gaining access that has been previously agreed with the tenant in writing?

thelawnet wrote: »

Or to decline them entirely on the basis that the landlord has broken into the house and caused much trouble already. You might normally grant them access as a favour if they have been reasonable, but given the trouble caused, best bet is to change the locks and keep them out.

It isn't good advice to tell the OP to lie, for one, the landlord has not entered the house, the agent has. To say the agent has broken into he house is something that should be reported to the police, the reason the OP has not done this is because it's not true.

The OP could be taken to court if they followed your advice and end up spending money on fees needlessly, thelawnet as a username? :rolleyes:

olly300

thesaint wrote: »

Unfettered access?

The point I am making is, until someone says otherwise, the agent does have access, unfair contract term or not.

What penalty would the agent face for gaining access that has been previously agreed with the tenant in writing?

Actually whether the contract says this or not the landlord does not have the right to have unfettered access.

I took legal advice over this late last year.

If the tenants do not like the landlord/letting agent doing this they must protest to the landlord. If it continues then they should inform them that if they that they will inform the police of harassment and change the locks.

If the tenants do nothing then they are silently agreeing to this unfair term then the landlord/letting agent can enforce it.

In addition you cannot change the locks without a reason and without informing the landlord you are doing so first and you cannot damage the door when changing the locks.

thelawnet

thesaint wrote:

The point I am making is, until someone says otherwise, the agent does have access, unfair contract term or not.

Not according to the Unfair Contract Terms in Consumer Contracts Regulations:

"An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer"

Such a term is clearly unfair in disturbing the right to quiet enjoyment, the existence of which is very well established in common law.

An unfair term is not binding, never was binding, and can never be binding.

thesaint wrote: »

thelawnet wrote:

Or to decline them entirely on the basis that the landlord has broken into the house and caused much trouble already. You might normally grant them access as a favour if they have been reasonable, but given the trouble caused, best bet is to change the locks and keep them out.

It isn't good advice to tell the OP to lie, for one, the landlord has not entered the house, the agent has.

I advised nothing of the kind. I was simply pointing out that on the basis of being helpful to a sensible landlord, one might wish to grant him access to your property, but given that he has not behaved reasonably, on MORAL grounds, it would not be balanced to do so.

Legally, the landlord has no right to access to try and sell the property. None at all. However, you might *choose* to grant it to him. There is no lying going on here, the tenant can refuse for no reason.

To say the agent has broken into he house is something that should be reported to the police, the reason the OP has not done this is because it's not true.

Eh? Why are you talking about calling the police? I never suggested this, I was pointing out that the landlord & agent's behaviour is unreasonable.

The OP could be taken to court if they followed your advice and end up spending money on fees needlessly, thelawnet as a username?

Taken to court on what basis?

And no, there are no fees, the court fees are paid by the claimant in the small claims court, and legal costs are not awarded.

Regarding my username, considering that your last two posts have been incorrect in law, it's perhaps better if you don't comment on my understanding of law.