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Rogue Agent - Plea for help

Hi Everyone,

Myself and my wife have rented a house for the past 4 years privately.

We signed a 12 month tenancy agreement for the first two years but not since, essentially due to the fact that we have had problems with the property and uncertainty about staying. As long as the agent got their renewal fee, they have not bothered with contracts.

Unfortunately, they have also put the rent up repeatedly and coupled with the lack of maintenance, this was becoming very unreasonable. We raised this with the owners a couple of weeks ago, who we have dealt with solely for 4 years, without a problem. For the first time ever, they asked why some issues were not picked up on inspections. We advised them that we had not had an inspection for 3.5 years, contracts haven't even been put in place and the agent not "managed" the property as they were suggesting they should have. It seems that the landlord was indeed paying them to "manage" their property and has raised this with them which has shown them up.

The result has been them trying to kick us out by advising they are withdrawing the lease and issing S21 notice. The landlords objected to this as it was without their consent and advised us in person that we could remain at the property on a periodic basis as long as needed, especially considering my wife is pregnant and the baby due in a couple of months.

Despite this, the agent has effectively come after us, constantly sent emails advising they are coming to look at the property, bathroom, garden/ on X dates, they have keys and "you do not need to be there". Luckily I was able to be here when they turned up do the first visit and we can see that they are doing this only to exert power of us and harass us. They have subsequently forbidden us to contact the landlord, advised the landlord not to take any calls from us and then issued a S21 notice anyway!

Despite their despicable behavior, we have said nothing and not replied to the barrage of emails however, they have now put the property on the market for rent and want to do viewings! the first of which is tomorrow and less than 24h notice has been given.

We are so sick of this and feel we are being targeted and harassed. We do not want them in our home as they have let themselves in before without our consent and don't want strangers to be allowed to do so.

They have also advised "this will affect your reference" and we are now fearful that we will not be able to rent anywhere else and effectively be homeless with a baby, simply because of a rogue, disgraceful letting agent.

Can anyone offer us any advice?
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Comments

  • anselld
    anselld Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You need to speak to the landlord. Either they are acting as instructed by the LL, in which case you can fight eviction but will probably ultimately have to move, or they are acting for themselves in which case it is for the LL to deal with them by whatever means.
  • chris_m
    chris_m Posts: 8,250 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    m4drx wrote: »
    The result has been them trying to kick us out by advising they are withdrawing the lease and issing S21 notice. The landlords objected to this as it was without their consent and advised us in person that we could remain at the property on a periodic basis as long as needed,

    Get this in writing from the landlord and the agency can go whistle, unless the landlord changes their mind and instructs them to start eviction proceedings.
    The agency is not the landlord but simply works on the landlord's behalf. If the landlord doesn't want you out, it's not for the agency to countermand them.
    want to do viewings! the first of which is tomorrow and less than 24h notice has been given.

    Write to the agency advising that less than 24 hours is unacceptable, don't let them in when they come and change the locks so they can't come and go as they please.
  • m4drx
    m4drx Posts: 9 Forumite
    We are wanting to leave now due to this so there seems to be little point now. We are just wanting to be left alone to do so.

    Our main concerns here are whether we can successfully stop them entering without our consent and also how this whole debacle will affect our moving.

    We have no intention of withholding rent, causing any damage or problem or staying past the deadline if we can help it. We don't want the risk of a CCJ on our files.
  • m4drx
    m4drx Posts: 9 Forumite
    chris_m wrote: »
    Get this in writing from the landlord and the agency can go whistle, unless the landlord changes their mind and instructs them to start eviction proceedings.
    The agency is not the landlord but simply works on the landlord's behalf. If the landlord doesn't want you out, it's not for the agency to countermand them.



    Write to the agency advising that less than 24 hours is unacceptable, don't let them in when they come and change the locks so they can't come and go as they please.

    I believe they have managed to convince the landlord to go along with this but I can't understand what they could have used to do so. The landlord wouldn't want to lose the income but as they are in their late 50s early 60s and only let this property, I think the agent has somehow scared them into this. Effectively meaning they want us to only deal with the agent and the agent gets their way.

    With regards to the viewing tomorrow, I can stop them from getting in and I have a locksmith booked for afterward to get the lock changed until we move out. I'm just not sure if we will be creating more problems by doing this, even though I feel this is our right.
  • anselld
    anselld Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    m4drx wrote: »
    We are wanting to leave now due to this so there seems to be little point now. We are just wanting to be left alone to do so.

    Our main concerns here are whether we can successfully stop them entering without our consent and also how this whole debacle will affect our moving.

    We have no intention of withholding rent, causing any damage or problem or staying past the deadline if we can help it. We don't want the risk of a CCJ on our files.

    You should write to them informing them that access is denied. Then change the locks (barrels) to make sure.

    You cannot get a CCJ.
  • m4drx
    m4drx Posts: 9 Forumite
    I think your landlord is telling you one thing and the agents another.

    They were before communication was ended by the agents jumping in. I think the landlord is now just letting them deal with it and the agent is doing what they can to abuse us.

    I should mention that the vile person we have had this treatment from is the Director of the agency and it is a one off agency. Therefore, we have nobody to complain to.

    We have always been treated with contempt by this guy who is a real piece of work.
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    m4drx wrote: »
    I believe they have managed to convince the landlord to go along with this but I can't understand what they could have used to do so. The landlord wouldn't want to lose the income but as they are in their late 50s early 60s and only let this property, I think the agent has somehow scared them into this. Effectively meaning they want us to only deal with the agent and the agent gets their way.

    With regards to the viewing tomorrow, I can stop them from getting in and I have a locksmith booked for afterward to get the lock changed until we move out. I'm just not sure if we will be creating more problems by doing this, even though I feel this is our right.

    a locksmith sounds expensive - do it yourself for the tenner or so it'll cost you to buy a lock cylinder from b&q :money:
  • Contact the landlord immediately with all emails spoken of. Print them out and bring them to him/her in person.

    Essentially, the agency is his employee and it's his job to deal with them. Also, as I see he stands on your side, get his written permission to stay inside the property and also a prohibition for anyone else, but him, to enter the home. With him signing the paper, the agency can't touch you.

    Also, agree with him to change the locks so that only you and him can have the new keys. Call a locksmith as soon as your meeting with him ends and have them replace the locks on all doors going in.

    Agree on a period of time, in which you need to find a new place to live in and just move on. It's not worth trying to stay in a place where you'll be constantly harassed by some bull!@#$ agency.

    I'm sorry that you have to bare with this, with your wife pregnant and all, but you better hurry and find a new place before the baby comes, so that you can be calm, at least.
    With Regards,
    Audrey Wright
  • m4drx
    m4drx Posts: 9 Forumite
    DRP wrote: »
    a locksmith sounds expensive - do it yourself for the tenner or so it'll cost you to buy a lock cylinder from b&q :money:

    If I simply do this and say nothing until we are due to leave, will this be a problem?

    I don't want to cause problems for ourselves legally but the way we have been treated by them is disgusting. We have done nothing, at all, wrong and we feel victimised.

    We are trying to move asap and just don't want to have any more dealings with them until we hand the keys back.
  • m4drx
    m4drx Posts: 9 Forumite
    edited 17 March 2014 at 10:41PM
    thank you for the replies everyone, we really appreciate it.

    We have no intention of staying and we hope to find somewhere to move and give them their 30day periodic notice before the s21 even expires.

    Ultimately, all this stress is doing my wife no good and the stress of having to move before or when the baby is literally due is awful for us.
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