Agent Woes

[Cymraeg]

A friend is going thru the mill regarding her rental property . I'll try and be as brief as poss , but could do with some real advice here , as I intend to vacate my property soon and I'm with the same agency .

 

She was having relationship difficulties and was left in the property herself , which was too big for just one . I told her she could re-assign the lease and that is now going thru . As she was a day late putting in her notice , the agency kept the bond as the last month's rent and told her she could keep the key til the end of December . So far ,so good.

 

 

The agency inspected the property without her and sent a list of demands/charges regarding the property .

Am I right in assuming that she should have been there when the property was inspected ? If she wasn't , are the 'inspection findings' null and void ?

 

Some of the charges they are demanding include . . .

 

Redirection of mail £20 : The agents have picked up mail from the property and written her forwarding address on the envelope and re posted it . She still has keys so could have picked up this mail herself . Not only that , but the letter was to her ex partner and it was forwarded to her ! I've told her to keep all the letters they've redirected for now .

 

Sanitisation of bin £20 : Even tho' there was still rubbish in the bin as the local authority didn't come til later in the week . There is a company around here that jet blasts bins weekly . They charge £5 for the 1st cleaning , then something like £1:75 per week for cleaning the bin and putting a big bin liner in the bin for you .

 

Cleaning of Cooker £25 : She insists it was spotless and she is the type of person who wouldn't leave a mark in sight .

 

Cleaning of Carpets £35 : As above post .

 

 

I've told her not to pay a penny yet , tho she's the nervous type who would pay to keep the peace to get them off her back . She's had enough trouble recently with the breakdown of her relationship and really doesn't need all this on top .

My questions are.....

 

Is the inspection null and void ?

 

Shouldn't she be given chance to rectify their findings first ?

 

What can be done about these rip off merchants ?

 

I'll be leaving my property soon and I'm expecting similar events . I'll be going through another agency . Once I've moved I would like to do something about this company . I've already thought about Trading Standards and the OFT . I've also considered Watchdog and the local TV show of similar ilk . I've even considered a V-Bulletin board dedicated to Landlord and Tenant and naming these rogues . That's on the back boiler for now tho'.

 

All help gratefully received .

[MrShed]

The tenant has no right, and the agency has no obligation to allow him, to be present at the checkout. And again, they have no obligation to allow the tenant to rectify any problems after they have left the property - indeed this is generally seen as a bad idea within the industry, you can potentially open a whole can of worms by allowing the tenant back in the property after thay have left.

 

The whole situation sounds like a difference of opinion rather than the agency being "bad" in some way. Those charges, for the services they are for, are very low. I would usually expect to be charging double for the oven cleaning, and triple for the carpet cleaning. Apart from the mail redirection, the charges are all fully enforceable, IF JUSTIFIED. Obviously, it is impossible for any forum member to say whether they are justified or not, as we have not seen the state of the bin, carpet or oven.

 

Certainly there will be no interest from Watchdog or similar, as the agent has done nothing wrong IMO, or certainly nothing majorly wrong.

 

I would simply be amicable with the agent in this situation, just explain that youdo not think that the state of the oven/carpets warranted professional cleaning, and ask for proof that they did warrant it. If they cannot prove it, they cannot charge for it. I would immediately be asking for the £20 back for mail redirection however - they were never asked to redirect the mail I assume?

[Jhawc24]

As she was a day late putting in her notice , the agency kept the bond as the last month's rent and told her she could keep the key til the end of December.

 

If she is still the tenant then the agency should have given 24 hours notice at least, to enter the property to carry out an inspection. If they did not then they are in breach of the tenancy agreement where a tenant has the right to privacy, etc.

 

Unless she handed the keys back early, not sure where she would stand with this as she is still paying the rent. Try the Shelter website for some good advice.

 

If you are planning to leave the property you are in I would suggest that you take photo's of everything, get someone to witness the condition you are leaving the property in. If you can get the agents to do a pre-inspection to allow yourself some time to fix anything. Visit the Arla website for info, and check to see if this agents is a member.

 

Read through some of the other threads in this section, good luck. Joan

[blacksheep1979]

As Jhawc said - if she is still the tennant (having given her deposit for the last months rent) then the agents should have given 24hrs notice. More to the point the property has to be returned in a fit/decent state, if she is still the tennant/has paid rent then the tennancy hasn't ended. If she has no outstanding deposit that can be claimed back I'd write a nice letter saying that she's not happy with them coming in without notice, but thanks for cleaning the house - but I'm not paying for it.

[Cymraeg]

Thanks for your replies . A few points to clear up

 

She still has the keys , but has moved out.So mail redirection was senseless as she can still pick it up herself.

She hasn't paid the charges , so can she insist on seeing receipts before she pays anything ?

 

 

This agency are rip off merchants . There are two other major agencies in the area .I have made enquiries recently and have found the following info.

Credit Check with AgencyA=£20 , Agency B=£30 , this agency £120.

Agency A+B charge £120 initial admin for AST as an 'all-in' one off fee. This agency £120 admin plus £48 per 6 month lease agreement .

I feel they play on people's worries as if they don't pay their fees , they don't get the house they're after .

The re-assignment on the lease is costing each party ion this case £120 each . I presume the new tenant will have to pay on top for their lease . Not sure yet , but will know shortly .

 

Both the local CAB and Shelter have regular complaints about this agency.However , they can only advise people what to do.It is up to the individual to raise complaints about them . Most ex-tenants I have spoke to are glad to be shot of them .I'm not trying to be a crusader or anything , but I think that something should be done.

I have collated a few cases about their antics.

Who would be the best ot contact ? Trading Standards/OFT ? Perhaps my one-man battle may not get far , but some sort of action should be taken.

[Jhawc24]

Check here Search for an ARLA Member and NALS - The National Approved Letting Scheme to find out whether the agents is a member. You may be able to take a complaint up through them. Letting agents maybe members of self regulating bodies, OFT regulates estate agents but not sure about letting agents. Check the tenancy agreement if you think that some that some of the terms are unfair then you could ask an adviser at OFT to take a look at it.

 

If they have entered to property without giving notice to your friend, then I would suggest that she writes a stern letter to them. They have certainly breached the tenancy agreement.

 

Landlords may need access to the accommodation to inspect it and do repairs, but they must let you live in your home without unnecessary interference. If you are a tenant then your landlord can't come in whenever they feel like it and should give proper notice and arrange a suitable time if they need to visit. The amount of notice they have to give might be set out in your agreement. If you have a licence, your right to restrict your landlord from coming in is more limited, so get advice before you do anything.

 

As Blacksheep says refuse to pay anything! If they threaten to take your friend to court then she should advise them that she will be in a position to counterclaim for the breach of agreement.

 

Regards, Joan

[Jhawc24]

There is another regulating body here NAEA The National Association of Estate Agents. I also copied this off the shelter website:

 

Examples of harassment

 

Harassment can take a number of different forms, for example:

• removing or restricting access to services such as gas, electricity or water, or failing to pay the bills so that these services are cut off
  
• visiting your home regularly without warning, especially late at night
  
• interfering with your post
  
• threatening you
  
• sending builders round without notice
  
• entering your home when you are not there, without your permission
  
• allowing your home to get into such a bad state of repair that it's dangerous for you to stay
  
• beginning disruptive repair works and not finishing them
  
• harassing you because of your gender, race or sexuality
  
• refusing to let you into certain parts of your home (for example, the kitchen or bathroom)
  
• stopping you from having guests
  
• intentionally moving in other tenants who cause a nuisance to you
  
• forcing you to sign agreements which take away your legal rights.

Regards, Joan

[MrShed]

Am I missing something here? At no point in the initial post does it say, or even imply, that the agents have entered the property whilst the tenant was still there. So why does everyone think they have?

 

In all honesty, I'm sorry but I fail to see anything this agent has done wrong. No-one on this forum can realistically back your friend, as we have not seen the property.

[MrShed]

Ah apologies think I see what you mean!

 

Something is confusing me. You say she gave notice a day late so she is now tied til end of Dec. Why? That is nearly 2 months notice!

[Jhawc24]

This happened to me too, my rent date was the 7th of every month. However I missed that date on giving a months notice. You have to give notice to end on the rent date or the day before, unless it is a four weekly tenancy. So if you miss the date then you have to wait almost two months for the tenancy to end.

 

Confusing I know!

 

Regards, Joan.

[MrShed]

Doh....my hangover is really hindering me today!!! Ha ha. Thanks

[Cymraeg]

That link to the NAEA is excellent Jahwc24

The Code of Practice makes very interesting reading.

I can see at least three occasions where this agency has broken the code of practice as far as my lease is concerned .

Will read it more slowly / deeply to get more info from it.

Thanks again

[MrShed]

Bear in mind, if the agency is not a MEMBER of NAEA, they do not have to stick to the code of practice. Most agencies are not.

[Cymraeg]

Yes , they are a member .

[Jhawc24]

Take it you will be writing a nice complaint to them, make sure you send a copy to the letting agency!

 

Good luck, Joan.