Estate agent issues end of tenancy

FlaatusGoat

Just want to know where I stand please. Tenancy finishes end of month.

Last week and with no prior warning the EA turns up at my door demanding to take pictures of the property I'm renting. Being completely unprepared and with friends staying over I said no and turned them away.

A day later I get a phone call from the agent asking to re-do the pictures. No problem, plenty of notice however I warn them that I'm currently moving out so obviously my stuff is a bit everywhere. So fast forward a few days later and the EA returns to take the pictures. Comes in and immediately starts yelling about the supposed state of the property, nit picking galore despite being well aware that I'm currently moving out as previously warned. Gets very tense and heated and they stormed out. Quite frankly, I'd rather never have to deal with this individual again.

In addition, I've had two property inspections and had no complaints about the state of the property. Granted those inspections happened when I was settled and not moving out. Any thoughts? I suspect they're probably going to try and fight for my deposit in revenge although thankfully that's in the deposit protection scheme.

DE_612183

The deposit is between you and the landlord - and as you say it's in the DPS so no worries there.
Just make sure you take photos of the final inspection as well - are they doing that the same day you hand the keys over?

FlaatusGoat

Thanks definitely will do.

Also the EA made an ultimatum demanding I overhaul the house giving me a deadline so they can then return and re-take pictures. If I'm honest after the extremely unpleasant experience I'd prefer not to have anything to do with them until I formally hand back the keys and do the final inspection. Am I allowed to refuse them reentry?

Worth noting they're making threats to claim on my deposit for supposed losses in not being able to re-market if I don't comply.

theartfullodger

FlaatusGoat said:

Just want to know where I stand please. Tenancy finishes end of month.

...............

Really?? So you've served valid notice to quit?? Only a tenant or court/bailiff may end a tenancy.. 



A landlord's notice (s21 or s8) does not end tenancy nor compel tenant to leave.  You are perfectly entitled (Thatcher's 1988 Housing Act) to remain after end of fixed term - tenancy simply rolls on.

FlaatusGoat

theartfullodger said:

FlaatusGoat said:

Just want to know where I stand please. Tenancy finishes end of month.

...............

Really?? So you've served valid notice to quit?? Only a tenant or court/bailiff may end a tenancy.. 



A landlord's notice (s21 or s8) does not end tenancy nor compel tenant to leave.  You are perfectly entitled (Thatcher's 1988 Housing Act) to remain after end of fixed term - tenancy simply rolls on.

True but I've already given notice that I wanted to end my tenancy at the end of the term which will be month end.

FlaatusGoat

Just to be clear, too. Surely they're not allowed to threaten my deposit regarding re-marketing the property even though the property is still mine for the rest of the month?

doodling

Hi,

You are under no obligation to keep the property in any particular manner, your obligation is to return it in the same state as it was when you moved in.

Your tenancy agreement might require you to provide access for photos but it can't lawfully dictate how you arrange your stuff.

If you felt threatened (or even of you didn't) then you are free to insist that that individual does not attend your property again.

Whilst you are still a tenant you are free to deny access to whoever you like (except bailiffs sent by a court to evict you).  There may be financial implications to doing so but I seriously doubt that a court would find that any compensation to the landlord is due in this case.

FlaatusGoat

Since I gave notice things have started to get nasty with my EA. We've had an unannounced visit (which we turned away) however with notification in advance weve been happy to give access.

The most recent visit was to allow for remarketing. The agent walked in and stormed out in a fuss and I then received a bunch of nasty threats, specially about the state of the property and how it was hindering remarketing, specially weeds growing between the pavers and grass length.

In my tenancy agreement, there is a clause about the tenant maintaining the state of the property including the gardens and if this is not adhered to the LL can claim damages/losses. Unfortunately as repeatedly mentioned I'm moving out and I did make that clear prior to that most recent visit. So no way could the property be in perfect presentable condition given I'm in the process of moving. The EA is being unreasonable at the very least here.

And on the original inventory the weeds were present and even reported including photographs. What gives? It feels like we're being blackmailed into improving the property beyond just maintaining it. Never missed a single rent payment, passed both property inspections with flying colours and now this.

propertyrental

For more, see

https://forums.moneysavingexpert.com/discussion/6457249/estate-agent-issues-end-of-tenancy#latest

MSE_Laura_F

I've merged two threads as they seemed to be about the same issue. Thanks.

MSE Laura F

TripleH

It's the condition when the property is handed back in that matters.

You pack up and create mess but then clean up afterwards.

The Estate Agent is miffed because you are not fitting into their timetable. Keep evidence of the property condition when you moved in vs when you moved out to submit to the appropriate deposit scheme. They rule on disputes not the estate agents who are often more a hindrance to landlords in these situations.

I have successfully challenged a claim that my cats chewed kitchen units and that I hadn't cleaned an external window ( that was behind a locked gate I had no access to).