Advice please? Awful estate agents.

K,A+P_2

Any advice would be very much appreciated, thank you.

I'm not very knowledgeable when it comes to legal stuff, so please put me right if I'm wrong about things!

Long story short:


We ended our tenancy early - 3 months into a 12 month tenancy. Landlord agreed to surrender it provided we pay the fees for finding a new tenant, £350+VAT. The estate agents said this can come out of our deposit. Obviously we have to keep paying the rent until someone else moves in. All fine.



6 weeks later. We've had 2 viewings. The estate agents have advertised the property on Rightmove, the advert has only 1 photo of the outside of the block of flats and none of the inside. They haven't put a 'to let' board up outside. I have spent 2 weeks repeatedly requesting for them to put one up - we are paying the fees for them to do this. They've given numerous excuses, I was eventually promised it would be up last Thursday at the latest. It's now Monday, still nothing.



At the end of last week, I threatened to dispute the fees with the deposit protection scheme when they come to take it out of our deposit. I also threatened them with the property ombudsman. Strangely enough after 2 weeks of no viewings and no bookings, an hour after my threats, they suddenly booked 2 viewings in the space of 2 hours.



The first viewing cancelled. The second (due this morning at 10am) never showed up. We're thinking there were never any viewings in the first place and they just made them up to keep us quiet and make it look like they're doing something.


We've also not had a working oven since we moved in. When we signed our tenancy, they told us it wasn't working and the part had been ordered and not to use it in the meantime as it was dangerous. I sent numerous requests for it to be sorted, and a letter of complaint - all ignored. Still no working oven! We gave up in the end.



We've been paying for 2 homes for 2 months and have only managed this because family have helped us out. We can't do it again this month, we don't have the money. What do we do? I've just sent another email with more threats. I said we'll withhold the rent and have no issues with being taken to court if needs be, if it means we're going to be listened to and taken seriously. Can we do this? I'm guessing not, but we're desperate.



My partner and I are nervous wrecks because of all this. :eek: We just want to be released asap and move on but it's impossible because the estate agents aren't doing their job.



Thank you for any help, appreciated.

G_M

K,A+P wrote: »

We ended our tenancy early - 3 months into a 12 month tenancy.
No. You appear to have requested to end it early - it is still ongoing.

Landlord agreed to surrender it provided we pay the fees for finding a new tenant, £350+VAT. The estate agents said this can come out of our deposit. Obviously we have to keep paying the rent until someone else moves in. All fine.
The starting point here is to recognise you wish to break your contract. You signed for 12 months, you must pay for 12 months. Anything else negotiated is a benefit to you out of the goodness of the landlord's heart.

6 weeks later. We've had 2 viewings. The estate agents have advertised the property on Rightmove, the advert has only 1 photo of the outside of the block of flats and none of the inside.
Did you get agreement that you would be paying for internal photos?
They haven't put a 'to let' board up outside. I have spent 2 weeks repeatedly requesting for them to put one up - we are paying the fees for them to do this. They've given numerous excuses, I was eventually promised it would be up last Thursday at the latest. It's now Monday, still nothing.
Did you get agreement that you would be paying for a 'to let' sign?

At the end of last week, I threatened to dispute the fees with the deposit protection scheme when they come to take it out of our deposit.
Wow! How to get them on your side!

I also threatened them with the property ombudsman.
:eek:.... for.....? (remember the starting point above)

Strangely enough after 2 weeks of no viewings and no bookings, an hour after my threats, they suddenly booked 2 viewings in the space of 2 hours.
Great

The first viewing cancelled.
It happens. Very common.

The second (due this morning at 10am) never showed up.
It happens. Very common.

We're thinking there were never any viewings in the first place and they just made them up to keep us quiet and make it look like they're doing something.
Possible. But equally possible they had a cancellation, and a 'no show'.

We've also not had a working oven since we moved in.
Don't confuse these issues. Separate.
When we signed our tenancy, they told us it wasn't working and the part had been ordered and not to use it in the meantime as it was dangerous. I sent numerous requests for it to be sorted, and a letter of complaint - all ignored. Still no working oven! We gave up in the end.
There are processes for getting repairs done. giving up is a choice - it is not part of the process.

Shelter (Repairs in private homes)


We've been paying for 2 homes for 2 months and have only managed this because family have helped us out. We can't do it again this month, we don't have the money. What do we do?
Go into rent arrears? Get a loan?
I've just sent another email with more threats.
See the 'starting point' above. You are asking for a favour - threats hardly seem appropriate.

I said we'll withhold the rent and have no issues with being taken to court if needs be, if it means we're going to be listened to and taken seriously. Can we do this?
Of course you can. Go into rent arrears, get taken to court. Lose. Get forced to pay your rent AND court fees, legal fees tc.
I'm guessing not, but we're desperate.

My partner and I are nervous wrecks because of all this. :eek: We just want to be released asap and move on but it's impossible because the estate agents aren't doing their job.
As I have not seen the contract between landlord and agent I cannot be sure what their job is. But I guess it is to collect your rent, chase for unpaid rent, and possibly also manage repairs (see shelter link above).

What you mean is, they are not doing a job you want them to do.

Why on earth did you move out and take on a new property if you could not afford both the contracts involved.

The agent made clear you would have to pay ongoing rent for an indeterminate time.

Yes, they could be more pro-active with finding a replacement tenant, but this is not their normal job so will not be a high priority.

You need to be less threatening and more conciliatory. Offer to pay for upgraded photos. Offer to pay for a 'To let' sign. Advertise yourself and then direct interested people to the agent. Put up your own 'to let' sign.

Lots you can do, but threats of the Ombudsman will not 'scare' the agent into action - just make the agent very p*ssed off and inclined to do..... even less.

Soleil_lune

Can't really add anything to what GM has said. Sorry KAP, but neither the LL or the EA has actually done anything wrong. And the EA isn't 'awful.' As GM said, you would not be a priority, but they're not doing anything 'wrong.' You are the one that wanted to leave early. Is there any special reason why you had to leave?

I don't think you can use the 'non-working-oven' as any kind of leverage anyway, as you seemingly 'stopped bothering' them about it. I wouldn't have, as I would struggle with no cooker/oven.

Was anything signed to say that they are going to take the 'find a new tenant' fees out of your deposit? If not, then they will struggle to take the money from you, but if you did sign something, then you will have to pay it. With-holding rent is a bad idea. For the reasons GM stated.

I fear you've no leg to stand on.

Sorry.

TBagpuss

Havwe you spoken directly to the landlord? Are they aware that the agents have not done internal photos, no 'to let' board etc? It may be that the landlords are not aware of the apparent lack of enthusiasm on the part of the agents.

Legally, PPs are correct that you are liable to pay the rent until the property is re-let or your original lease comes to an end.