Agent Problems

[SirHumpy]

Hi Guys,

 

I'm really having an issue with my agent at the moment.

 

I'm a private tenant in England, letting through an agency.

 

Whats happened is I handed my notice to leave about two weeks ago, I've always been in front with my rent payments and never broken my Assured Shorthold Tenacy agreement - which I have held for just over a year.

 

Today, whilst I was at work the agent left two messages on my mobile voicemail asking me if I would be in for a viewing. As I was working I didnt pick these messages up for a couple of hours - when I did I phoned them. Only to be told as they couldnt contact me they had gone ahead and shown people round my home in my absence.

 

I'm really annoyed, I am in the middle of packing and organising for the move - but more importantly feel my privacy and trust have been violated. I had medicines, bank statements and other personal items freely around my home.

 

So my question is what can I do? - When they told me on the phone the agent seemed to think it was ok despite my objections - and I got the impression they would do it again in the future. I'm really not happy with this, what recourse do I have? I have sent them a email today (copied below) and am waiting the reply.

 

Re our phone conversation today.

 

Dear Cheryl,

 

The more I think about one of your staff members showing somebody round my home without my knowledge the more annoyed I become. I understand you have to be able to let people view the property so it can be let as soon as possible again – but on the other hand there is an agreed system for that to happen in the Tenancy Agreement. – which clearly states I should be given 24 hours written notice prior to a visit (Section 4.3.10). This incident has really has affected my impression of *** Homes – which until now had been very good.

 

The fact that *** feel it is enough to leave a couple of voice mails for myself prior to letting themselves in is not good enough. I was working last night until 7PM and was at work again at 8AM this morning – I phoned TLB on my first break of the day to return the cal from Wednesday.

 

I consider the fact that *** entered my home a breach of both trust and my privacy. I had medication and other personal items around the flat which I would have liked to remain private.

 

Unless I receive a satisfactory reply from you I intend to take this matter further, and therefore reserve all my rights.

 

Sorry to start with such a long thread - thanks for reading guys

[MrShed]

OK - lets look at both sides here.

 

Technically - there is no way the agent should have shown anyone round in this fashion without your permission, they could be guilty of trespass, breach of tenancy and various other rules/laws.

 

Realistically - your threat of taking the matter further is fairly pointless. It is a very minor breach as far as breaches go(I realise you may not agree at the moment, but let me assure you it is), and the chances of any legal action being successful, either civil or criminal is very remote. Unfortunate as it may seem, this is fairly standard practice within the industry - well maybe standard is the wrong word, but certainly it is not rare. The agent almost certainly meant no maliciousness by the act, merely are attempting to relet the property.

 

You have made your position very clear, and they are now "on warning", and should in no way do it again. I feel that with the email you have sent you have done everything you can.

 

I am not meaning to belittle the sense of invasion of privacy by the way - I fully agree with your anger at this, it is not right. I am just saying that a) I am fairly confident that the agent meant no maliciousness by it and b) in the grand scheme(certainly legally), there is very little recourse for such a breach, especially a one off incident.

[SirHumpy]

Thanks for the quick reply Mr Shed!

 

I am more concerned at making my point and it not happening again over taking action agasint them.

 

Another thing i am concerned about concerns :

• Golden Rule: If there is no initial inventory, the landlord has no grounds for withholding the deposit (unless there are rent arrears). This is because the landlord, without an inventory, is unable to prove what the state of the property was at the start of the tenancy. Therefore it is not in your best interest, as tenant, to insist on an initial inventory.

Should I have seen the inventory when I moved in? - I havent signed anything -I'm just worried now I've made a complaint they might try to withhold part of my deposit.

 

Thanks again!

[MrShed]

Is your deposit held in a tenancy deposit scheme?

 

Also, just out of interest, where did you get the above quote from?

 

It would be a VERY unprofessional agent(which will be apparent when you get a reply to your email ) who attempted to be that malicious to withhold part of your deposit. Either way, it wont stand up - I wouldnt be too concerned by this. Especially if you never signed an inventory upon entering the property...

[SirHumpy]

The quotes from the sticky thread on this board

 

And yes I am in the standard scheme from the 2004 Housing Act.

[Planner]

SirHumpy,

 

How awful for you to have a watch, that valuable ring your poor deceased grandmother gave you and next months rent payment stolen by either the agent or the would be tenant they have shown around without your permission. I would report the incident and your "losses" to the police IMMEDIATLEY and let the letting agents know first thing of the missing items and the fact that they can expect a visit from the police as your looking to press charges for theft. I would also ask them for their professional insurance details so that you can make a claim for the "missing" items.

 

Hopefully that will focus their minds. Dont get annoyed..... get even.

 

(I Jest by the way!)

Edited June 5, 2008 by Planner

[MrShed]

Planner - I know the post is made in jest etc(partly), but cant really condone that.....

 

(just jumping in before the mods do btw )

[Planner]

I know!!! I would never condone such a thing (publically!) I agree with your post that the email sent should get the message across loud and clear.

[MrShed]

certainly would make them think twice though!!!

[BADGER 69]

SirHumpy,

 

How awful for you to have a watch, that valuable ring your poor deceased grandmother gave you and next months rent payment stolen by either the agent or the would be tenant they have shown around without your permission. I would report the incident and your "losses" to the police IMMEDIATLEY and let the letting agents know first thing of the missing items and the fact that they can expect a visit from the police as your looking to press charges for theft. I would also ask them for their professional insurance details so that you can make a claim for the "missing" items.

 

Hopefully that will focus their minds. Dont get annoyed..... get even.

 

(I Jest by the way!)

 

Hi.

This does raise a serious issue. Where does one stand with regards to contents insurance? I'm under the impression that if others have a key to your premises this can compromise your insurance.

[MrShed]

A good point - although I would have thought that insurers will have thought this before, and they will have to make allowances for this - otherwise around 25% of contents insurance policies are void...

[BADGER 69]

I was going by my own experience.

When I lived in a bed sit I could not get any contents insurance because my landlady had a key.

[jackieandwayne]

Dear SirHumpy

 

If I were you I would put in writing that you are unhappy that they evenhad the means to enter your home. Best Practice suggests it is an absolute "no no" for anyone other than yourself, as tenant, to hold a key.

 

If there were an outright emergency such as water peeing out of your flat through someone's ceiling, then fair enough, they can break in, secure thepremises and let you know how you can gain entry again. They should never enter alone there should be at least one other person with them.

 

If they couldn't contact you and you had a build up of milk and papers etc then they can break in again, but should have a police officer with them.

 

Otherwise, provided you observe your tenancy conditions, they should leave you alone to have "peaceful and quiet enjoyment of your tenancy".

 

If your agreement stated 24 hours notice for non-emergency visits, then they are in breach of your agreement.

 

I agree it won't go far in Court, however, i should drop them a line pointing out this breach of contract on their part, and ask them to confirm that they do not hold a key to your private home, and what they intend to do to put right this breach of contract! Slip in a sentence about the Housing Corporation best practice etc etc and you might get your last month rent free! You never know! Oh yes, change your lock.

 

Go on, have a go, it'll make you feel better any way!

[MrShed]

If I were you I would put in writing that you are unhappy that they evenhad the means to enter your home. Best Practice suggests it is an absolute "no no" for anyone other than yourself, as tenant, to hold a key.

 

Wholly disagree. Good practice dictates that the letting agent/landlord usually WOULD have a copy of the key, and indeed there is no reason for them not to have if you have a decent landlord/letting agent.

 

 

Slip in a sentence about the Housing Corporation best practice etc etc and you might get your last month rent free!

 

Unsure of the relevance, as the Housing Corporation have absolutely nothing to do with this situation, seeing as how the letting agent is not, and has no resemblance to, an RSL(registered social landlord)...

[SirHumpy]

Thanks guys

 

It does seem reasonable to me that the agents have a key - as there is protection in the agreement to how they can use them, which in this case they broke.

 

If I go ahead and change the locks then I would be in breach of the same agreement.

 

I'm really not sure what to do at this point, they havent replied to my email (in the past they had replied within a couple of hours). My legal friend suggested they may be taking advice before replying or testing my resolve in the matter.

[SirHumpy]

Well I got a reply today - after I emailed the trade association they are a member of - though they didnt mention that when they replied.

 

They phoned at first to request a viewing for this afternoon, which I was happy to allow - but I asked why they havent replied to the email I had sent - they said they hadnt got one - so I asked them to check and get back to me. I was speaking to a Polish lady who is very nice and usually deals with my address, she explained it was a misunderstanding between her and another staff member, which I can understand as "phoning" and "phoned" about the viewings can sound very similar to someone for who English isnt the first language.

 

They emailed me back this afternoon with an apology and said it wouldnt happen again. I've emailed back (my thinking of trying to protect the goodwill towards my deposit) thanking them and saying to put this behind us and move on.

[MrShed]

I think thats a fair resolution, and a good result

[SirHumpy]

And now another question!

 

How many viewings per day does it take to spoil your "quiet enjoyment" - they phone me with an hours notice several times a day - and this last bit takes the biscuit want to arrange for me to show people round in MY time when their office is closed!

[MrShed]

There isnt a set limit, but you are entitled to refuse ANY viewing as you see fit. However, I would do as much as you can to help them re-let the property - the more you allow , the quicker it should be, and also be in the landlord/agents shoes - they are only trying to relet the property as quickly as possible.

[SirHumpy]

Hello again,

 

I'm due to move in a couple of days now and was wondering if I had a right to ask to view the condition report/inventory before moving out? - the reason I ask is I havent seen one before - should I have signed it for it to be valid? If I dont need to sign it whats to stop them making one up?

 

I'm worried because I refused the agency permission to view today, because I'm in the middle of packing and stuff is everywhere and I dont want the fuss, and they got really nasty about it - suggested that to agree "would help keep goodwill" - I held firm and said no.

 

Thanks again guys

[MrShed]

Are you saying you did not see/view/sign/complete an inventory on moving in SH, is that right?

[SirHumpy]

Nope never saw one. Though I completed my own basic version and reported several faults that were never fixed (Plaster work etc)

 

Wondering how important they are?

 

Also can the landlord hold back the deposit until they have seen that all bills have been paid? - I'm having trouble getting final bills as the meters are locked away.

[MrShed]

- Bills have no relevance to the landlord, so no they cannot withhold on this basis

- Without a proper check in inventory the landlord will struggle to prove any damages

[Filthy Monkey]

Completely agree with MrShed on this one. Without an inventory, agreed by both parties, the landlord will find it almost impossible to back up any claim for damage or missing tems, so ha no grounds to refue the return of your deposit. I wouldn't worry unnecessarily about unless it becomes an issue.

[SirHumpy]

Found a clause in the AST that does say that they can hold back the deposit whilst waiting for me to pay the final bill.

 

They have now started to stall me on the final report, they did have a condition report - however this is the first time I had seen this.

 

I handed the keys in on Friday first thing and was told I would receive an email that day about the deposit "and what they would take out" - I didnt get the email and after emailing back was promised all the details tonight - still nothing.

 

How long to they have to do this?