[Grandunification]

Hi there, we're having a problem with our letting agent, and I'm just trying to find out as much info as i can...

It's currently 2 months until we leave the property, and we have previously agreed with the firm that the property wouldn't be put back on the market until 1 month prior to us leaving. Of course i couldn't get the guy to write it specifically down but anyway, that's not the current point.

So of course the moment 2 months comes around he starts trying to arrange viewings with new tenants of the property, we questioned this and all he will do is say "yes i can" he won't back it up with any proof.

We finally got him to give us his "proof" of this claim and it's article 2.16 of our contract which reads :

"To permit the landlord or his agents with or without workmen upon a minimum of 48 hours notice to enter the property for the purpose of inspecting the property and the contents therein and for the purpose of carrying out any repairs"

He is telling us that means he can bring anybody he likes into the house whenever he likes. I do not believe this to be the truth, the way i read it.. only the Agent, the Landlord, or the Workmen can come into my house with 48 hours notice. He is being incredibly rude (always has been...yesterday he told my wife she needed mental help because she was arguing about this... an arguement that he himself initiated) and still won't give us any information about it. There's only one week left until the final month of our tenancy so i'm sure he's just stalling until he can do what he likes legally by the contract, and thinks we're stupid enough to fall for it. I wrote a 4 page letter last night about the situation (and the way their company is and has treated us) but in the morning light i feel it would probably just provoke him into being incredibly stupid and trying to keep our deposit or make us leave early or something.



Any ideas or insight?
Thanks

[Grandunification]

Sorry to doublepost but i have one more question too...

"wear and tear" does this cover the carpet wearing through? This house hsan't been decorated in years. the agent told me so when we moved in, the previous tentants were here 4 years and it wasn't new then, so the carpet has always been thin, and one spot (where the landlord himself put a computer desk and computer chair) has worn thin where the wheels go and has a small hole (1cm long, half a cm wide) in one area.

we haven't done anything other than sit on the chair that was provided in the location it was put... is this our fault? or is that reasonable wear and tear and we should make a fuss if they try to bill us for a carpet?

thanks for the help for the 2 questions

[pommy boy]

3 things.

1 change the barrel on the lock (the yale one).
2 dont pay your last months rent - let him keep the deposit.
3 general wear and tear should not be billed for.

Dont let this wanker intimidate you. He needs to give you at least 24hrs notice before he can even step through your front door - its the law!

[jimjam]

1. The access clause he is refering to is the wrong one. It should state "during the last 2 months/ 1 month of the tenancy the landlord or his agent should be allowed access at reasonable times with prior notice to show prospective tenants etc. etc."
However, is it worth the grief and stress of arguing the point if you only have a week to go anyway?
2. Don't change your locks because you are then breaking the terms of your lease: 2 wrongs don't make a right and until you have moved out and got your deposit back try and stay as clean as possible.
3. Not paying the last month rent will get their back up but probably worth it to cover yourself.
4. Fair wear and tear includes general wear as you have stated to carpets. It does not include stains or cleaning, that is your responsibility. I think that rough rule of thumb is that a carpet has a life of approx 7 years. Therefore if the carpet is already 5 years old it only has 2 years left in it and any contribution you make towards its repair/ replacement needs to bear that into account. As always though unless you have an inventory or some form of evidence then its your word against theirs and if they hold the deposit then you are in an awkward position. More reason not to pay the last months rent. You should not be charged for any wear and tear only cleaning. Also, if he wants to charge for decorating then rule of thumb is repainting should be done every 4 years therefore unless you have done murals on the wall and cut holes in it, then its not your problem.
Always stay polite, try not to break any terms of contract on your side, keep everything in writing and let them slip up!
Good luck.

[Bluey]

Go to your local Citizens Advice Bureau for proper advice on any aspect of your tenancy agreement and legal rights. Accessing a property without due notice and for good reason can count as harassment.

http://england.shelter.org.uk/advice/advice-3182.cfm
http://england.shelter.org.uk/advice/advice-3181.cfm#wipLive-17064-1

Ignore the earlier advice about changing the lock and withholding the last month’s rent since it could put you in breach of your tenancy agreement and damage your chances of gaining future legal redress. Also, how do you expect to secure your next property if the Letting Agent/Landlord were to legimately cite these breaches in References they provide to your next prospective Landlord?

It may well be aggravating that the Letting Agent is showing prospective tenants the property in advance of the requested period and quoting a disputed clause to back this up. However, you’ve admitted that you didn’t have this in writing on your tenancy agreement. This is a learning opportunity for you never to sign a tenancy agreement until you are satisfied with it. You say, “Of course i couldn't get the guy to write it specifically down but anyway, that's not the current point.” The point is that a verbal agreement is worthless. However, Letting Agents can't sidestep their legal obligations just by ommitting them from Tenancy Agreements.

If the Letting Agent is a member of a professional body, then find out their complaints procedure to report any unprofessional conduct. If he isn’t a member of ARLA or similar, this is a learning opportunity for you to never sign up with an agency that has no professional redress.

[propertyquestionsanswered]

hello there!!

I do understand ur problem. If I were you.. I will take it as a nightmare and move out.. by getting your deposit back without (as far I see that should'nt be a problem). But with your next Estate Agent make sure you get it in writing.

I strongly think there should be some kind of Regulatory Board for these Estate Agents that should discipline such Estate Agents.