End tenancy early - terrible service from letting agent

radiomad13

Hi all,

I've been a reader of this forum for quite some time, but thought I'd sign up!

I've been in a property for over a year, but in June last year I had a friend move in with me when the tenancy agreement ran out. The lettings agent dealt with a new one, and we signed for 12 months. There is no break clause.

Since then (and before come to think of it, though it wasnt THIS bad or I wouldn't have stayed) we have had endless problems with the agent (I don't think its the landlord's fault, she seems very on the ball. It's the agent).

To start with they told my electric/gas supplier (N Power) without any permission from me, that I had moved out (let's say my name is John, and my new flatmate Tim). They told N Power that John had moved out and then told Eon (their preferred supplier) that "John and Tim" had moved in. Cue 'final bills' from N Power and a charge for not sticking with them (I was on one of those fixed price plans where you have to pay a fee to leave early).

By the time this had happened, the money had been taken from my bank account (£210 outstanding, plus charges for leaving N Power early - if they hadn't done this I could have paid the outstanding amount off by paying a bit more each month) and I had a bill from Eon too. The letting agent admitted this was a mistake on their part and it shouldn't have happened, so they asked for an erroneous transfer back to N Power.

Since then, I've still been getting letters from Eon saying that they are going to send me a final bill, and although everything was seemingly back with N Power now, I now have a letter from N Power saying that my utilities are going to be transferred back to Eon as part of an erroneous transfer....!!!!!!?!?

I have endlessly complained to the letting agent, even escalating the complaints to the head of propertys management, yet the communication is terrible (I told them about this new letter from N Power and told them I want an explanation ASAP almost 2 weeks ago, and still no reply). So I have no idea what's going on right now.

I've also had an issue with a cracked window on the ground floor for at least 6 months. Despite reporting it, nothing has been done. The window has not even been boarded up despite me asking them to get someone out to do so. I am concerned it is a security risk (easy access for a burglar), and a health and safety risk if the pane falls out onto the public pavement outside. I have mentioned all of this to them and nothing has been done. They just do not take me seriously, even though I have threatened to go to a solicitor.

I have all the emails saved regarding the above...I am sick and tired of wasting my time trying to sort the whole gas/electric problem and the window problem out. I just want to leave and get it over and done with... I really don't want to wait until June!

Along with the above problems, communication is terrible. I had a call the other day saying that someone wanted to view the property...and this was the first I'd heard of the fact the place was up for sale. This is how bad it is...I asked the lady to email me with details of when the person would like to view the property, as I was in a meeting at the time...and guess what, no email! They will not be getting in...I don't even remember when they said the viewing was (yep, the letting agent doesn't have a set of keys?!) and I'm not chasing them up.

I have wasted days at work trying to sort this mess out...and I'm getting nowhere.

Where do I stand with getting the tenancy agreement cancelled? Do I need to write to the landlord, or the agent? Do I need to see a solicitor, or do I even have any chance of getting it cancelled, baring in mind there's nothing in the agreement about the letting agents responsibilities, only the landlords...

BigAunty

Your letting agent represents your landlord so even though they may be your primary contact, your agreement is still with your landlord (they have a separate contract with the agent to allow them to work on their behalf).

There is no obligation for a landlord to consent to an early surrender of the tenancy agreement, no such thing as a cancellation that the tenant can initiate if they are within a fixed term tenancy agreement. A tenant may request the early termination of the tenancy agreement but there are few grounds where this can be forced, such as when the property is unfit for human habitation, for example.

See the Shelter website to understand how to end your fixed term tenancy agreement, how to try to negotiate this. A landlord can hold you to the fixed term.

radiomad13

Thanks BigAunty.

I thought that was the case. I will write to the landlord directly and tell her of my constant problems. The fact she is selling the property she may be happy to end the agreement early.

BigAunty

radiomad13 wrote: »

Thanks BigAunty.

I thought that was the case. I will write to the landlord directly and tell her of my constant problems. The fact she is selling the property she may be happy to end the agreement early.

Or she may have a contract with the agent that makes this difficult for her to do and carries a penalty, I don't know, I'm not sure how landlord/agent agreements work but perhaps its worth considering if her hands are tied in some way.

Like other posters on this forum, I do not like the way some landlords want their cake and eat it. Either sell the property or let it out, don't try to combine the two.

jamie11

OP please edit your post to remove the name of the company you're complaining about, naming and shaming could cause expensive problems for YOU.

radiomad13

I've done so now, but why? People need to realise how crap they are. I'd happily see them in court. I'm not stating anything that is factually incorrect.

G_M

radiomad13 wrote: »

I've done so now, but why? People need to realise how crap they are. I'd happily see them in court. I'm not stating anything that is factually incorrect.

It's your choice. But you could be sued for libel unless you can back up everything you say about them.

* The utilities - contact your supplier, in writing preferably, or by phone followed by a letterto confirm the conversation, telling them:
a) you have not moved out
b) you have not authorised the switch to new supplier
c) you have not authorised the early end of your fixed contract with them and
d) as far as you are concerned you still have an account with them and it is their fault they took the word of an unauthorised 3rd party (the agent) to terminate your contract
e) finally, insist they
f) negotiate the return of your account to them from Eon and
g) refund any penalty fees you have paid

* window. Have you reported this in WRITING? By letter, to the landlord, at the address provided for this purpose?

* Sale of property. Not your concern. You have a fixed term till next June. You can choose (if you wish) to negotiate an Early Surrender if that is what you and the LL both want. Indeed, if the LL wants this to make the sale easier (vacant possession) you can ask for compensation (costs of moving etc etc).

Otherwise, you stay. The LL can still sell, either to another landlord, or to an owner-occupier who is willing to wait till June (or longer).

As for viewings, valuations etc - entirely up to you whether to agree or refuse these.

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Guest101

jamie11 wrote: »

OP please edit your post to remove the name of the company you're complaining about, naming and shaming could cause expensive problems for YOU.

Not if he's telling the truth.

jamie11

Guest101 wrote: »

Not if he's telling the truth.

True. But does he need to be dragged into a libel case? Does MSE need to defend itself against one? I suspect that firm has more money to pursue these things than the OP.

real1314

As far as I can see there are only 2 issues which actually have affected the OP:-

1. The utility company issue - which they have admitted and have taken steps to correct - the subsequent confusions are likely to be due to the incompetence of the utility companies.

2. A cracked window. To claim that this is a security risk is fallacious - it takes no more time, effort or difficulty for a burglar to smash an unbroken window than it does to smash one with a crack. The health and safety of passers-by is a risk for the landlord/agent not the OP

if these are the two biggest (or only?) issues, to attempt to end the tenancy is a huge over-reaction.

tbs624

OP - follow G_M's suggestions and *write* to the utility companies. If you are responsible for paying the utility costs, under the terms of your tenancy agreement then *you* choose the supplier. LAs get a kick back for having the properties on their books signed up to specific suppliers and clearly their greed got the better of them.

On the window, this may be down to the LL - LA can only sort repairs if LL pays up via insurance claim or out of own pocket. Report it again in writing ( keep copies of all letters). You may like to consider getting a couple of quotes for the work to be done and enclosing those with your letter.

LL should of course have notified you that she wanted to sell the property, either directly, or via the LA. If a vendor LL wants the property to be seen in decent condition s/he is best keeping the T happy. If you are ok with viewings by potential purchasers taking place then *you* choose the times/dates that are convenient to you. Bear in mind that an LA showing a prospect around does not necessarily mean that they will accompany them in every room - you may prefer to offer a couple of evening slots and/or a sat afternoon so that you can be present.

If you did get any agreement from your LL on bringing the tenancy to a premature end ( because of the potential sale) ensure you get all details of the surrender in writing. Unfortunately, many LLs prefer to maximise their rental income and run things right to the wire when selling up although experienced LLs know that the property will be easier to sell with vacant possession already sorted.

You mention in your OP that there have been "endless problems" - are there others you have not mentioned in this thread?

Has your tenancy deposit been dealt with according to the law?

Edit: once you have resolved the issues, you may want to consider posting an honest review over at https://www.allagents.co.uk, bearing in mind the comments above on the potential for libel if your account is not truthful.