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You ever feel like screaming......
#1557898
18/12/2015 19:35
18/12/2015 19:35
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Joined: Dec 2006
Posts: 3,927 The Faringdon Folly
oxfordSteve
OP
Forum is my job
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OP
Forum is my job
Joined: Dec 2006
Posts: 3,927
The Faringdon Folly
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....because right now I could....and kick the cat.
We started renting a place back at the end of Feb 2015 and have had nothing but problems with the plumbing, electrics etc. It was on a 2 year contract with a 12 month break clause which the landlord excerised last month, for us to be out at the end of feb 2016.
This was OK by us, we wanted to leavem and they wanted us out. So we rang the letting agent saying we want to leave, and would it be possible to be release at the end of Jan. They said (verbally....yes, I know) that this would be OK as the landlord wanted to move back in.
So we found a new place, with a moving date of the 9th jan, giving us a couple of weeks to get this place cleaned and handed back.
Paid the referencing fees etc this morning to get it going, only to get a call from the current agent (presumably after being prompted by the reference agency) informing us that no such conversation had taken place and we are liable for the extra month's rent.
Merry bloody Christmas....
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1557899
18/12/2015 19:55
18/12/2015 19:55
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Joined: Dec 2005
Posts: 21,616 Aldershot
PeteP
Hon Club Member 005, Membership Secretary
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Hon Club Member 005, Membership Secretary
Forum Fossil
Joined: Dec 2005
Posts: 21,616
Aldershot
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So, unless the agent has a sudden recollection of what was agreed, don't move out completely and so stop the landlord either moving in or letting it again for (presumably) more money.
16VT and X1/9 1500
We must all do our part for the planet. I unplugged a row of electric cars that nobody was using.
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1557907
18/12/2015 23:00
18/12/2015 23:00
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Joined: Mar 2008
Posts: 5,101 highlands
jimboy
Club Member 857
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Club Member 857
Forum is my life
Joined: Mar 2008
Posts: 5,101
highlands
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Well no, I've always owned my property, but then again it's down to post code lottery & how you make choices. I have no idea of your circumstances full stop. I certainly don't want to come across as rude or smug & I realise that it's good to release steam on here, but in all honesty I have no knowledge of renting in your area.
I'm an old git & happy with it,most of the time
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1557913
19/12/2015 03:39
19/12/2015 03:39
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Joined: Jun 2006
Posts: 6,144 Southampton, Hants
Roadking
Club member 1809
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Club member 1809
Forum is my life
Joined: Jun 2006
Posts: 6,144
Southampton, Hants
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Well no. I'll somehow find another months rent, but I feel a bad case of being obstructive coming on. ![thumb thumb](/forum/images/graemlins/default/icon_thumbs.gif) Absolutey Steve. Maybe park a pikey van outside for 6 weeks...
"RK's way seems the most sensible to me". ali_hire 16 Dec 2010
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1557930
19/12/2015 14:27
19/12/2015 14:27
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Joined: Jan 2006
Posts: 5,294 Portsmouth
ali_hire
Forum is my life
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Forum is my life
Joined: Jan 2006
Posts: 5,294
Portsmouth
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It sounds as though you understand this will be difficult to prove as the agreement (to let you leave early) was made verbally. However, I wouldn’t let it lie and there are a couple of things you can do.
Do you know who you spoke to when you called them? If so I would visit their office and confront that member of staff face to face. It’s much more difficult for them to lie to you in person than over the phone.
For £3 you can search the land registry and find out who your landlord is and (most of the time) where they live, assuming you don’t already know. You can then have a look in the phone book (online nowadays) and see if they’re registered.
If I didn’t get a satisfactory response out of the agent I would have no hesitation in going to the landlord directly; your contract is with them, after all.
It’s very possible that the landlord is unaware of your request to leave early and I’d say it’s highly like that they’re unaware the agent incorrectly told you it was ok to leave early. I’d point this out to your landlord and explain to them that their agent has an assumed/apparent authority (IE. What they agree with you is the same as agreeing it directly with the landlord) and that it would be a shame if you had to pursue a claim for your costs if you had to pull out of letting the other property.
Perhaps you had a witness to the telephone conversation? Wife/partner/friend listening in on speakerphone. Perhaps.
If, at the end of the day, you get nowhere and they stick to their guns, then absolutely make it difficult for them in the final month.
You will probably be required under the terms of your tenancy to allow ‘reasonable access’ during the last 6 months of your tenancy. However, it is completely reasonable to demand to be present whenever anyone wants to visit the property and it wouldn’t be unreasonable if you were only available after, say, 7pm every other Sunday.
If they enter the property without your permission then they are trespassing and would be in breach of contract for not allowing you quiet enjoyment. You could probably also report them to the council under the Protection from Harassment Act (although unless they repeatedly did it they’d probably get nothing more than a telling off).
If the landlord or another tenant takes up occupation of the property before the end of your tenancy (Feb) then you could either demand the rent back for that period or sue them for unlawful eviction under the Protection from Eviction Act.
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1558066
21/12/2015 13:55
21/12/2015 13:55
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Joined: Dec 2005
Posts: 21,616 Aldershot
PeteP
Hon Club Member 005, Membership Secretary
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Hon Club Member 005, Membership Secretary
Forum Fossil
Joined: Dec 2005
Posts: 21,616
Aldershot
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Make them prove it Steve.
16VT and X1/9 1500
We must all do our part for the planet. I unplugged a row of electric cars that nobody was using.
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1558211
22/12/2015 15:23
22/12/2015 15:23
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Joined: Dec 2006
Posts: 3,927 The Faringdon Folly
oxfordSteve
OP
Forum is my job
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OP
Forum is my job
Joined: Dec 2006
Posts: 3,927
The Faringdon Folly
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Well, I was up much of the night throwing up, which set me in a great frame of mind, but we went to see the letting agent this morning.
Apparently, he gave a negative reference, stating:
"The property has not been maintained in a suitable condition, and the tenants have caused damage to the property"
When challenged on what exactly the damage was, he referred us to an inspection report from the end of October.
This included such things as damage to the laminate floor - it went all rippled after we had a water pipe burst that pissed water all over the floor. This was reported at the time, obviously (as we really are good tenants you know!).
Bathroom door locks that tend to fall apart (Which the landlord has been to fix at least once).
A "slightly overgrown" section of the garden (Actually it was tomato plants).
Pretty sure there was nothing that we'd not previously reported to their maintenance team.
So, I've mailed this blokes boss, and (again) the complaints team at the parent company...
So we've lost the house we wanted to move to, and the reference fee paid.
Merry Bloody Christmas.....
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1558213
22/12/2015 15:33
22/12/2015 15:33
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glenn1960
Unregistered
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glenn1960
Unregistered
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lets hope 2016 brings you better luck !
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1558216
22/12/2015 15:43
22/12/2015 15:43
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glenn1960
Unregistered
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glenn1960
Unregistered
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looking forward to when I have to move out and try and get my deposit back ! Luckily I have a good landlord , so fingers crossed. That place you described sounded lovely too, will have to be patient and see what happens next [ plenty more nice properties in the sea ! ] not literally lol. [ garage no1 priority eh !
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1558219
22/12/2015 16:04
22/12/2015 16:04
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Joined: Dec 2005
Posts: 6,731 Surrey
Emjay
Forum is my life
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Forum is my life
Joined: Dec 2005
Posts: 6,731
Surrey
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A reference should be fair, accurate and not give a misleading overall impression. If they have fallen short of that and caused you loss, you have a decent legal claim.
Ali - isn't there a regulatory body for letting agents? Worth liaising with them, perhaps?
Does our law condemn a man without first hearing him to find out what he has been doing? (John 7:51)
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1558224
22/12/2015 16:59
22/12/2015 16:59
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Joined: Jan 2006
Posts: 5,294 Portsmouth
ali_hire
Forum is my life
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Forum is my life
Joined: Jan 2006
Posts: 5,294
Portsmouth
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So we’ve lost the house we wanted to move to, and the reference fee paid Assuming there’s no way to salvage the situation you should be able to get some/most of this back. Even though I’m sure the application form you’ve sign will state that the fee is non-refundable if you pull out or fail referencing, they’ll struggle to make this stick if you pursue it. At best they’d be able to keep their reasonable costs, which shouldn’t amount to much. I’d write to the agent requesting a refund of the fee you’ve paid stating your reasons. Let them know that you accept they can deduct reasonable costs incurred but also let them know that you won’t hesitate to pursue this via a redress scheme. If you do, they will often find in your favour. Ali – isn’t there a regulatory body for letting agents? Worth liaising with them, perhaps? Yes, as of October last year we all had to join one of 3 government approved redress schemes. More info here – Redress SchemesYou’ll need to exhaust the company’s internal complaints procedure before you go to The Ombudsman though, they won’t hear your case unless you’ve tried to allow the agent to resolve the issue first.
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1558325
23/12/2015 17:26
23/12/2015 17:26
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symonh2000
Unregistered
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symonh2000
Unregistered
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Sounds shite Steve.
be careful with them saying that the property has been damaged or kept in a bad condition.
They could be paving the way to try and hang onto your initial deposit (if you paid one).
some letteing agents are nothing but theives acting with the law on their side.
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Re: You ever feel like screaming......
[Re: oxfordSteve]
#1569289
11/04/2016 21:07
11/04/2016 21:07
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Joined: Dec 2006
Posts: 3,927 The Faringdon Folly
oxfordSteve
OP
Forum is my job
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OP
Forum is my job
Joined: Dec 2006
Posts: 3,927
The Faringdon Folly
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Fancy a real laugh now... 7 weeks after moving out, they have come back with a schedule of works that they want to deduct from the deposit. Get ready for this..... and be prepared to laugh (otherwise I would scream)..... £ 14,349 and 39 pence. ![crazy crazy](/forum/images/graemlins/default/crazy.gif) Made up of: Plastering Invoice £769.00 Bifold Doors (supply) £1,586.00 Bifold (install & disposal) £540.00 Replacement of Wardrobes £559.98 Gardening Invoice £255.68 Chimney Sweep £45.00 Invoice call outs during tenancy £205.00 Lightbulb replacements £520.01 Lightbulb replacements £59.97 Lightbulb replacements £104.89 Wooden flooring replacement £1,905.06 Whirlpool bath repair £295.00 Repairs to doors/flooring/skirting £4,050.00 Supply and replace bathroom floor £481.81 Call out during tenancy £240.00 Replacement of damaged fireplace (unable to repair) £350.99 Rental arrears £1,050.00
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