Downright rude correspondance from letting agent

Incisor

CookieMon wrote: »

... - myself and my partner intend to make a complaint about the unprofessional nature of the correspondence received, do we also have some rights regarding the quiet enjoyment, ie as long as the property is kept in good repair we should be allowed to be as messy as we like?

Forget about fuming, you have the core of it there. The contract will stipulate that you keep things in good order, but not when you wash up your plates or whether you are allowed to leave stuff on the floor. These things are the quiet enjoyment.

IMO, low key letter to landlord, with copy of agent's letter, stating your intent to stick to contract in terms of looking after the place and asking for quiet enjoyment. Copy of your letter to agent. No need to make excuses about funeral - it tends to leave the impression that you think you need to make an excuse.

CookieMon

Thank you very much in advance for your replies. Myself and my partner were starting to think that we were over-reacting slightly but I am glad others think similarly.

In the time between me posting this I have discovered something a little...dodgy. In the letter sent by the letting agent they quoted from what they said was our contract (and stated it was section 11). Now on looking at our contract, we a) do not have a section 11, and b) do not have the specific clause he quoted on our contract. We do have a clause stating that the property/machinery/equipment be keep in a clean, tidy, good and tenantable condition but it is not the clause which is quoted by the letting agent.

Does anyone have any idea about how exactly to word this letter as I'm worried my temper will flare too much in any letter written. Should I mention that the letting agent is quoting a clause not written in my contract? Am I legally entitled to tell the letting agent that they are not allowed any future access to the property unless in emergency? The letting agent said he would be "returning in 4 weeks time to reassure himself and the Landlord that this was a temporary blip"

Incisor

CookieMon wrote: »

... In the time between me posting this I have discovered something a little...dodgy. In the letter sent by the letting agent they quoted from what they said was our contract (and stated it was section 11). Now on looking at our contract, we a) do not have a section 11, and b) do not have the specific clause he quoted on our contract. We do have a clause stating that the property/machinery/equipment be keep in a clean, tidy, good and tenantable condition but it is not the clause which is quoted by the letting agent.

Does anyone have any idea about how exactly to word this letter as I'm worried my temper will flare too much in any letter written. Should I mention that the letting agent is quoting a clause not written in my contract? Am I legally entitled to tell the letting agent that they are not allowed any future access to the property unless in emergency? The letting agent said he would be "returning in 4 weeks time to reassure himself and the Landlord that this was a temporary blip"

Don't flare, but do mention in the letter that "the Agent's complaint is ill-founded because it relies on clauses which are not in the Tenancy Agreement". Personally, I would give them an appointment to turn up at a time convenient to you, and request them to bring their copy of the tenancy agreement.

CookieMon

I'm afraid I have no idea how to post quotes from specific users so I'll just reply by name
Imp: It is a rather large chain. I think most people have heard and had trouble with them at one stage - not sure if I'm allowed to say who they are - wish I was!!

Poppy9: Yep, as long as they have given notice of a time and date they will be coming and we don't contact to object they use their security passes and keys to get into the flat (though I'm not sure what would happen if we did actually object). It didn't even occur to us to contact them to delay the visit as they have never actually been on the dates they've stated before (and I'm pretty sure they won't have told the landlord that!!)

As my previous posts states, there is a clause (although not the one they quoted) which says keep the property/machinery/equipment clean, tidy and in good tenantable repair. Surely this is a bit of an unfair term though? My mother could never get me to tidy my room, so why should they?:p

CookieMon

How does this sound?

"We are writing this letter in response to the correspondence received from yourselves dated 9th May 2008 (enclosed within). We would like to complain primarily because of the unprofessional and rude nature that the Agent has conducting themselves with and secondly that the Agent's complaint is unfounded as it relies upon a clause that we do not have in our signed Tenancy Agreement.
We expect a full apology for the inconsiderate manner in which the letter was written and the right to quiet enjoyment from henceforth. We would like this letter placed on our file that now no agent of ******* are entitled to enter the property without our express written permission, unless in an emergency as is our right as tenants.
A copy of this letter has been forwarded to the landlord so that they are aware of the manner in which the letting agent they employ are conducting themselves."

Money_Maker_Shaker

Great letter CookieMon, makes the point well without being rude.

Let us know how you get on.

Best wishes

MMS

Imp

How about

"...no employee or person acting for [agent in question] may enter out home without our express, written permission, except in the event of emergency, as is our rights as tenants."

"A copy of this letter and your letter of [date] has been forwarded ..."

Mitsouko

Oh my goodness I find this appalling. How dare they!

You are, as you say 'paying through the nose' to have this place as YOUR HOME, so how can they lecture you on how tidy to keep it or even how clean (within reason on that one)?

As long as you give it back in the same state you got it, I thought that was all the law required.

I am shortly going into rented myself, and they'd better not try anything like this with me!

CookieMon

Have added that part in now Imp - thanks for the help.

So does anyone know, even though it is mentioned in the contract about keeping the property clean and tidy (although again I would point out NOT the clause quoted by the agent), legally as long as we are doing no damage, keeping the place in good upkeep, how messy we can actually be? Surely it is an unfair term - I should be able to be as messy as I like no matter what a contract says, as long as we are not doing any damage to the property in question.

I really want to send the letter, but am worried it may set the cat among the pigeons - we are in the right here?

EDIT: Does this sound better for the last paragraph?
A copy of this letter and your letter of 9th May has been forwarded to the landlord so that they are aware of the situation and that whilst we will keep the property in good repair and condition, we should be allowed to be as messy as we like.

Imp

Just be careful. If you wind them up they may well evict you when the lease expires.