House rented, legal advice please
#1
Scooby Senior
Thread Starter
House rented, legal advice please
OK, I am renting a house, have been for 3 weeks now.
There are repairs that need doing and I have contacted the agents a few times about getting things done and had no reply.
When I moved in they mentioned that someone had quoted for tiling the bathroom, I heard nothing since.
When I got home from work today there was a note on my oven to say the tiling will be finished tomorrow.
Men had been in my house tiling the bathroom without my permission or advance warning.
I thought rental agencies had to give 24 hours warning of someone needing to visit your property, could someone please confirn this.
If I had known of a visit I would have put some things away that were not for a strangers viewing.
Plus there are still other repairs that need doing.
I will be phoning the agency tomorrow and want to know where I stand.
There are repairs that need doing and I have contacted the agents a few times about getting things done and had no reply.
When I moved in they mentioned that someone had quoted for tiling the bathroom, I heard nothing since.
When I got home from work today there was a note on my oven to say the tiling will be finished tomorrow.
Men had been in my house tiling the bathroom without my permission or advance warning.
I thought rental agencies had to give 24 hours warning of someone needing to visit your property, could someone please confirn this.
If I had known of a visit I would have put some things away that were not for a strangers viewing.
Plus there are still other repairs that need doing.
I will be phoning the agency tomorrow and want to know where I stand.
#2
Scooby Regular
Join Date: Dec 2002
Location: Logged Out
Posts: 10,221
Likes: 0
Received 0 Likes
on
0 Posts
You should have been informed but the tiling would have been easier, especially removing the old grout with the use of a Rampant Rabbit so you kind of helped them.
Ring them and ask why you were not given notice.
Ring them and ask why you were not given notice.
#3
Scooby Regular
Join Date: May 2004
Location: i no longer use Scoobynet please do not PM this account
Posts: 364
Likes: 0
Received 0 Likes
on
0 Posts
Hi Nicci
I am almost 100% sure that they have to give you at least 24hrs notice, do you have a Tenancy agreement , it should be in there !!
As for the oustanding repairs write a letter to the agents if you have no joy by speaking to them and copy the Landlord/lady in on the letter to the agents,if you have a Tenancy agreement the Lanlords address should ne in there .
Also when ever you have any dealings with the agent take a note of the time/date and who you spoke to and what the outcome of the conversation was about , when we dealt with our agents for our rented flat, we always followed it up with an email to the agent as well .
Read through you Tenancy agreement
also have a look at this site
http://www.arla.co.uk/
Micah
I am almost 100% sure that they have to give you at least 24hrs notice, do you have a Tenancy agreement , it should be in there !!
As for the oustanding repairs write a letter to the agents if you have no joy by speaking to them and copy the Landlord/lady in on the letter to the agents,if you have a Tenancy agreement the Lanlords address should ne in there .
Also when ever you have any dealings with the agent take a note of the time/date and who you spoke to and what the outcome of the conversation was about , when we dealt with our agents for our rented flat, we always followed it up with an email to the agent as well .
Read through you Tenancy agreement
also have a look at this site
http://www.arla.co.uk/
Micah
#4
Scooby Senior
Thread Starter
Found this on the arla site, thanks Micah
'The law says that a landlord or agent must give a tenant at least 24 hours prior notice in writing (except in an emergency) of such a visit. Naturally, if the tenant agrees, on specific or odd occasions to allow access without the 24 hours prior written notice, that is acceptable.'
I had no notice, is a complaint going to get me anywhere?
BTW I have written to the agent 3 times about the repairs, I will write to the landlord too, thanks for that.
'The law says that a landlord or agent must give a tenant at least 24 hours prior notice in writing (except in an emergency) of such a visit. Naturally, if the tenant agrees, on specific or odd occasions to allow access without the 24 hours prior written notice, that is acceptable.'
I had no notice, is a complaint going to get me anywhere?
BTW I have written to the agent 3 times about the repairs, I will write to the landlord too, thanks for that.
#6
Scooby Regular
iTrader: (3)
Join Date: Aug 2004
Location: Muppetising life
Posts: 15,449
Likes: 0
Received 0 Likes
on
0 Posts
24 hrs notice for an inspection is standard practice.
When it comes to repairs, since you were aware that they were gong to be done at some point, it is often the case that properties are just entered and repaired. Its not by the book, leaves a nasty taste in tenants mouths, and is just plan uncourtious. However, as I said it is common practice.
Landlords generally only care about 2 things: hassle and money. They have employed agents to reduce the hassle. If you start to write to them to complaining about the agents, a decent landloard will put a rocket up the **** of the agents. The last thing a landlord wants is an unhappy tenant, who is then more likely not to pay rent, and cause them hassle.
Agents generally don't care at all....just so long as they get their commission. You can bet if both you and your landlord complain to them things will get sorted quickly.
Just bear in mind that its good to be on good terms with all parties. A carefully worded letter should be more productive than a drunken rant (see above )
When it comes to repairs, since you were aware that they were gong to be done at some point, it is often the case that properties are just entered and repaired. Its not by the book, leaves a nasty taste in tenants mouths, and is just plan uncourtious. However, as I said it is common practice.
Landlords generally only care about 2 things: hassle and money. They have employed agents to reduce the hassle. If you start to write to them to complaining about the agents, a decent landloard will put a rocket up the **** of the agents. The last thing a landlord wants is an unhappy tenant, who is then more likely not to pay rent, and cause them hassle.
Agents generally don't care at all....just so long as they get their commission. You can bet if both you and your landlord complain to them things will get sorted quickly.
Just bear in mind that its good to be on good terms with all parties. A carefully worded letter should be more productive than a drunken rant (see above )
#7
When it comes to repairs, since you were aware that they were gong to be done at some point, it is often the case that properties are just entered and repaired. Its not by the book, leaves a nasty taste in tenants mouths, and is just plan uncourtious. However, as I said it is common practice.
Nicci, don't put up with this behaviour at all. Write a firm but polite letter instructing your landlord/agent that in the future any inspections or access to the property must be done by using proper notice.
Last edited by KiwiGTI; 26 October 2005 at 12:34 AM.
Trending Topics
#8
Scooby Regular
iTrader: (2)
Join Date: May 2005
Location: Cardiff
Posts: 2,266
Likes: 0
Received 0 Likes
on
0 Posts
What a lot of agents & landlords seem to forget is that while it may be their 'house' it is your HOME - they dont have the right to enter without your permission at any time, they can contact you to say they WANT to come at a certain time, but if you tell them that isnt convenient for whatever reason, they cant just turn up and barge in, or enter the house while you are out.
#9
Scooby Regular
Join Date: Feb 2001
Location: Markyate.Imprezas owned:-wrx-sti5typeR-p1-uk22b-modded my00. Amongst others!
Posts: 8,541
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by Nicci
If I had known of a visit I would have put some things away that were not for a strangers viewing.
I must say that in my 13 years of being a landlord to a few properties that I've never entered a house whilst a tenancy is underway without informing and getting permission from the tenant. Even though it is my property, it's a bit rich to be entering without consent. Everyone knows the ladies like to pack away the what seems to be several pairs of knickers on each radiator before "strangers" appear
#10
Scooby Senior
Thread Starter
Here is a copy of the fax I sent the agency this morning:
'Some tiling work is currently being carried out at the property. I found this out when I got home from work yesterday.
Why did nobody give me advance notice that work was going to be carried out inside the property?
Even a phone call would have been sufficient.
You should by law provide at least 24 hours notice and you did nothing. You have now committed a criminal offence.
It feels almost as bad as being burgled, having people wandering in the property who were not invited.
I have no idea why the tiling staff needed to take baking trays out of my cupboard and use them.
Have you arranged yet for an electrician to repair the landing light?
Please make sure you inform me of future work to be carried out, or I will have to take matters further.
I await your reply,'
I received a phonecall from the agency 5 minutes later. I spoke to a very angry man who said 'how dare you send me a fax like that'
He said if I send a fax like that again, he will serve notice on me to leave the property.
If I continue to act in the way I have then my stay will be very short.
He was very nasty it was so unexpected. I was very polite (thats just me) but continued to put my point across.
I think I will need to take further action now, as there was no need for him to upset me.
Writing to the company director and the landlord is I guess the next step, unless you have other ideas.
Thanks,
'Some tiling work is currently being carried out at the property. I found this out when I got home from work yesterday.
Why did nobody give me advance notice that work was going to be carried out inside the property?
Even a phone call would have been sufficient.
You should by law provide at least 24 hours notice and you did nothing. You have now committed a criminal offence.
It feels almost as bad as being burgled, having people wandering in the property who were not invited.
I have no idea why the tiling staff needed to take baking trays out of my cupboard and use them.
Have you arranged yet for an electrician to repair the landing light?
Please make sure you inform me of future work to be carried out, or I will have to take matters further.
I await your reply,'
I received a phonecall from the agency 5 minutes later. I spoke to a very angry man who said 'how dare you send me a fax like that'
He said if I send a fax like that again, he will serve notice on me to leave the property.
If I continue to act in the way I have then my stay will be very short.
He was very nasty it was so unexpected. I was very polite (thats just me) but continued to put my point across.
I think I will need to take further action now, as there was no need for him to upset me.
Writing to the company director and the landlord is I guess the next step, unless you have other ideas.
Thanks,
#11
Shocking response from the agency. I suspect it can't be a big firm....
He can serve notice on you, but you are not legally obliged to leave if you've signed a short assured tenacy (which is usually 6 months).
He can serve notice on you, but you are not legally obliged to leave if you've signed a short assured tenacy (which is usually 6 months).
#13
Originally Posted by Nicci
They are actually a big firm (in Northampton anyway)
1) They've done something legally wrong.
2) The response you got when querying it was shockingly bad.
#14
Scooby Regular
iTrader: (6)
Join Date: Jun 2001
Location: Northampton, Xbox GamerTag - Neanderthal1976
Posts: 6,850
Likes: 0
Received 0 Likes
on
0 Posts
Name and shame Nicci!!!
The agency my misses rented from was pretty poor also, but the landlord was great, she eneded up by-passing the agency if anything needed doing.
Unless you really like the house you're in, I'd be looking for somewhere else
The agency my misses rented from was pretty poor also, but the landlord was great, she eneded up by-passing the agency if anything needed doing.
Unless you really like the house you're in, I'd be looking for somewhere else
#15
Scooby Regular
iTrader: (3)
Join Date: Aug 2004
Location: Muppetising life
Posts: 15,449
Likes: 0
Received 0 Likes
on
0 Posts
From my own experience in Nottingham, we had people enter the property without specific adavance notification many times. All through different agenices.
Agencies tend to be busy, and so are their tradesmen. When you call to report a fault, they take that as your permission to have the tradesmen enter to carry out the work. Whenever we reported a fault, we always sorted the house so that they could enter when from that point on without causing us hassle.
I think you next step should be to call the branch manager where you sent the fax to. Have a nice calm chat with him. Explain that you were not trying to upset them, and that you do feel agreived that you had no notice before someone entered the property. Hopefully that may clam thigs down, and stop them from doing it again.
Don't get too stressed about them serving noitce on you. You are almost certainly going to be allowed to stay for 6 months, giving you plenty of time to find somewhere else. If the agents are that bad, you will not want to stay in the property.
Keep the landlord informed. Keep a diary of events, times and people who you spoke to. After all, the landlord is paying for the service that you are receiving. They are normally interested when things are not going well.
(Just watch out for your desposit at the end of the tenancy. I hope you took phots of the condiiton of the house when you entered, and then again when you leave)
Agencies tend to be busy, and so are their tradesmen. When you call to report a fault, they take that as your permission to have the tradesmen enter to carry out the work. Whenever we reported a fault, we always sorted the house so that they could enter when from that point on without causing us hassle.
I think you next step should be to call the branch manager where you sent the fax to. Have a nice calm chat with him. Explain that you were not trying to upset them, and that you do feel agreived that you had no notice before someone entered the property. Hopefully that may clam thigs down, and stop them from doing it again.
Don't get too stressed about them serving noitce on you. You are almost certainly going to be allowed to stay for 6 months, giving you plenty of time to find somewhere else. If the agents are that bad, you will not want to stay in the property.
Keep the landlord informed. Keep a diary of events, times and people who you spoke to. After all, the landlord is paying for the service that you are receiving. They are normally interested when things are not going well.
(Just watch out for your desposit at the end of the tenancy. I hope you took phots of the condiiton of the house when you entered, and then again when you leave)
#16
Scooby Senior
Thread Starter
Ashby Lowery,
I had a feeling they would be bad when I got the house, sadly they were the ones with the property I wanted.
The Landlord is actually a property company, so I don't think they would be anymore caring.
The agency for my previous house were excellent, shame I moved.
I really wished I was bold enough to shout at the guy at the agency, would have made me feel better.
I had a feeling they would be bad when I got the house, sadly they were the ones with the property I wanted.
The Landlord is actually a property company, so I don't think they would be anymore caring.
The agency for my previous house were excellent, shame I moved.
I really wished I was bold enough to shout at the guy at the agency, would have made me feel better.
#17
Scooby Senior
Thread Starter
Lum,
I did not report the tiling as a fault.
I am not phoning the guy back as he was so incredibly rude and I don't want to get upset. If speaking calmly to him earlier did not work, then nothing will.
The house was not in a great condition when I moved in, I noted it all on the inventory. I have since done a huge amount of cleaning and tiny improvements.
I did not report the tiling as a fault.
I am not phoning the guy back as he was so incredibly rude and I don't want to get upset. If speaking calmly to him earlier did not work, then nothing will.
The house was not in a great condition when I moved in, I noted it all on the inventory. I have since done a huge amount of cleaning and tiny improvements.
#18
Scooby Regular
iTrader: (6)
Join Date: Jun 2001
Location: Northampton, Xbox GamerTag - Neanderthal1976
Posts: 6,850
Likes: 0
Received 0 Likes
on
0 Posts
Get your boyfriend to phone, I bet he won't be half as discourteous to him!
I'd still contact the landlords direct as they might not be too pleased at how their appointed agency treats their tenants. After all, without you in it, that property would not be giving them any return!
I'd still contact the landlords direct as they might not be too pleased at how their appointed agency treats their tenants. After all, without you in it, that property would not be giving them any return!
#19
Scooby Regular
iTrader: (3)
Join Date: Aug 2004
Location: Muppetising life
Posts: 15,449
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by Nicci
Lum,
I did not report the tiling as a fault.
I am not phoning the guy back as he was so incredibly rude and I don't want to get upset. If speaking calmly to him earlier did not work, then nothing will.
The house was not in a great condition when I moved in, I noted it all on the inventory. I have since done a huge amount of cleaning and tiny improvements.
I did not report the tiling as a fault.
I am not phoning the guy back as he was so incredibly rude and I don't want to get upset. If speaking calmly to him earlier did not work, then nothing will.
The house was not in a great condition when I moved in, I noted it all on the inventory. I have since done a huge amount of cleaning and tiny improvements.
I hoped that you had only spoken to a rental manager, and not the manager of the branch you rent from
Take pictures now. Just noting in words is not always enough. Taking pictures shows greater diligence and enhances your ability to recover your deposit (and interest) if it is witheld without good reason.
#20
Originally Posted by Nicci
I received a phonecall from the agency 5 minutes later. I spoke to a very angry man who said 'how dare you send me a fax like that'
He said if I send a fax like that again, he will serve notice on me to leave the property.
If I continue to act in the way I have then my stay will be very short.
He said if I send a fax like that again, he will serve notice on me to leave the property.
If I continue to act in the way I have then my stay will be very short.
Not only have they broken the law they're now threatening you.
You can also tell him that in you experience providing you pay your rent they have no ******* chance in hell of "getting you out" in under a year - I know this from having been a landloard and trying to evict a tenant - if you pay your rent it takes the lanlord a year to go through the courts etc!
#21
Scooby Regular
Join Date: Feb 2001
Location: Markyate.Imprezas owned:-wrx-sti5typeR-p1-uk22b-modded my00. Amongst others!
Posts: 8,541
Likes: 0
Received 0 Likes
on
0 Posts
The most shocking thing I read in your fax nick was that you owned baking trays
TBH I think the best way from the start of this was to contact him directly and say you weren't happy and if any work was to be done in the future then you'll want notice. I think what got his back up was the mentioning of criminal offence etc, when from his point of view he's probably "doing you a favour" by getting the work completed as soon as possible. I am in no way condoning his response, as thats just plain wrong and offensive.
Don't know what to advise now as you've already sent the fax. IMHO they cannot evict you if you have a shorthold tenancy agreement and you haven't broken any clauses in the contract. If you're very worried it may be a good idea to have the locks changed or an extra lock fitted, although I'm not sure where you stand on this legally.
TBH I think the best way from the start of this was to contact him directly and say you weren't happy and if any work was to be done in the future then you'll want notice. I think what got his back up was the mentioning of criminal offence etc, when from his point of view he's probably "doing you a favour" by getting the work completed as soon as possible. I am in no way condoning his response, as thats just plain wrong and offensive.
Don't know what to advise now as you've already sent the fax. IMHO they cannot evict you if you have a shorthold tenancy agreement and you haven't broken any clauses in the contract. If you're very worried it may be a good idea to have the locks changed or an extra lock fitted, although I'm not sure where you stand on this legally.
#23
Originally Posted by Luminous
24 hrs notice for an inspection is standard practice.
When it comes to repairs, since you were aware that they were gong to be done at some point, it is often the case that properties are just entered and repaired. Its not by the book, leaves a nasty taste in tenants mouths, and is just plan uncourtious. However, as I said it is common practice.
Landlords generally only care about 2 things: hassle and money. They have employed agents to reduce the hassle. If you start to write to them to complaining about the agents, a decent landloard will put a rocket up the **** of the agents. The last thing a landlord wants is an unhappy tenant, who is then more likely not to pay rent, and cause them hassle.
Agents generally don't care at all....just so long as they get their commission. You can bet if both you and your landlord complain to them things will get sorted quickly.
Just bear in mind that its good to be on good terms with all parties. A carefully worded letter should be more productive than a drunken rant (see above )
When it comes to repairs, since you were aware that they were gong to be done at some point, it is often the case that properties are just entered and repaired. Its not by the book, leaves a nasty taste in tenants mouths, and is just plan uncourtious. However, as I said it is common practice.
Landlords generally only care about 2 things: hassle and money. They have employed agents to reduce the hassle. If you start to write to them to complaining about the agents, a decent landloard will put a rocket up the **** of the agents. The last thing a landlord wants is an unhappy tenant, who is then more likely not to pay rent, and cause them hassle.
Agents generally don't care at all....just so long as they get their commission. You can bet if both you and your landlord complain to them things will get sorted quickly.
Just bear in mind that its good to be on good terms with all parties. A carefully worded letter should be more productive than a drunken rant (see above )
As a Landlord I Fully Concur
#24
Had a very similar experience last year with the agency. However we had a 'real landlord' at the other end - so contacted them and they sorted everything
Personally I rent properties - but never ever use agencies (anymore) - they just take the **** - take your money, dont do anything for it, etc - they totally fecking useless and dont guarantee payment, take you to the cleaners if you use them for a repair and dont give you advance notice when a tenant moves out
I have had really bad experiences with an agency called Allen and Harris in Bristol - completely useless...............
Personally I rent properties - but never ever use agencies (anymore) - they just take the **** - take your money, dont do anything for it, etc - they totally fecking useless and dont guarantee payment, take you to the cleaners if you use them for a repair and dont give you advance notice when a tenant moves out
I have had really bad experiences with an agency called Allen and Harris in Bristol - completely useless...............
#25
Originally Posted by KiwiGTI
It most certainly is not common practice. Technically it is a criminal offence and you would be quite within your rights to have them arrested for illegally entering the property, .
#26
Scooby Regular
iTrader: (2)
Join Date: May 2005
Location: Cardiff
Posts: 2,266
Likes: 0
Received 0 Likes
on
0 Posts
#25 - Sorry, but BS - so if I want to I can walk into someones house when they arent there, have a look around as long as I dont want to steal anything or cause any damage ? If the resident isnt there then I cant be intimidating them, can I ?
Why do you think the Police need a warrant to enter someones house ? why do you think bailiffs arent allowed to enter without a court order ?
Just because you dont own the property doesnt give you any less rights to stop people entering it if you havent given them permission.
Why do you think the Police need a warrant to enter someones house ? why do you think bailiffs arent allowed to enter without a court order ?
Just because you dont own the property doesnt give you any less rights to stop people entering it if you havent given them permission.
#30
Originally Posted by Brendan Hughes
Mike - what you are describing sounds like trespass. That's not a criminal offence, it's a tort.