Non-motoring > Letting Advice / Agent being a pain Legal Questions
Thread Author: zippy Replies: 29

 Letting Advice / Agent being a pain - zippy
Eldest is renting.

Fees seem outrageous £221 each for 3 tenants on a flat that is £1200 per month.

Fees were upfront and not refundable.

Electronic contract was signed and returned last week.

Agent now saying it was wrong and wants another £160 to do an inventory audit!

Take it or leave it attitude which would result in lost fees.

The flat is lovely and large even though it a 1990's build in a road with £1m+ houses and overlooking the sea.

I thought it too cheap comparing others in the area and I'm now wondering if its a scam!

It's certainly not professional!
 Letting Advice / Agent being a pain - Manatee
Contracts cut both ways. What does it say?
 Letting Advice / Agent being a pain - zippy
It gives a list of charges, e.g. rent £x, agent fees £y etc. There is no mention of inventory audit. The place is unfurnished so its really an hour or so going round checking for damage before and after the tenancy.

I'm minded that they pay it, otherwise they risk losing their agency fees and the flat because as I mentioned before, it's a smashing flat in a very nice area, with a balcony and lounge overlooking the sea and a moments walk from a lovely sandy beach and includes parking and garage. Council tax is a bit steep at "F".

I doubt that they would have any problem re-letting it but there would be a delay and possible loss of rent for a while.

Shame it's too early for the proposed letting fees legislation.



 Letting Advice / Agent being a pain - No FM2R
They should pay it.

But before they furnish it, they too should walk around photographing everything, especially any existing damage or wear - and share the photographs by e-mail with the agency, irrespective of whether or not the agency want them. Because rental contracts that start like this typically finish like this also.
 Letting Advice / Agent being a pain - smokie
Make sure they look for signs of damp. Got caught for some costs on that with daughter's student rent in B'ham.
 Letting Advice / Agent being a pain - Manatee
>>But before they furnish it, they too should walk around photographing everything

Good suggestion.

Every student let my daughter had, despite it being cleaner when handed back than when she and her co-tenants took it, the deposit was retained for "cleaning".

Last edited by: Manatee on Tue 12 Dec 17 at 18:08
 Letting Advice / Agent being a pain - sooty123
Last place we had the agents made a video of every room. Every mark and little bit of damage was recorded. The whole video lasted nearly an hour, we split the cost 50/50 with the agents.
 Letting Advice / Agent being a pain - zippy
Good advice re the photos thanks, have passed that on!

How can a tenant be responsible for damp, surely that's a fault with the property?

Condensation could be an issue if not ventilated, but again could be down to the design of the property!? I'll pass that on too! Thanks!

Landlords are a royal pain!
 Letting Advice / Agent being a pain - smokie
Suppose I meant condensation. Wall covering was coming off and mould on wall. As you say, she got blamed for inadequate ventilation.
 Letting Advice / Agent being a pain - Bromptonaut
>> Suppose I meant condensation. Wall covering was coming off and mould on wall.

Yup. Rising or penetrating damp needs repair so likely to be Landlord's responsibility.

Condensation is a grey area. If tenants won't/can't heat and ventilate adequately then they're in frame. OTOH if property is hermetically sealed with double glazing and walls are uninsulated.....
 Letting Advice / Agent being a pain - No FM2R
Hermetically sealed? Going a bit over the top there, perhaps?
 Letting Advice / Agent being a pain - Bromptonaut
>> Hermetically sealed? Going a bit over the top there, perhaps?

Perhaps. But you get my point that double glazing/modern doors remove the ventilation by draught that I, and presumably you too, remember from childhood.

 Letting Advice / Agent being a pain - Zero

>> Perhaps. But you get my point that double glazing/modern doors remove the ventilation by draught
>> that I, and presumably you too, remember from childhood.

Yep remember the cold draughts as a child, didnt stop the walls being damp as well tho.
 Letting Advice / Agent being a pain - Bromptonaut
>> Yep remember the cold draughts as a child, didnt stop the walls being damp as
>> well tho.

Ventilation won't stop rising or penetrating damp. It will help with condensation.
 Letting Advice / Agent being a pain - CGNorwich
No such thing really as rising damp. An invention of the damp course industry. It’s nearly always condensation.



www.askjeff.co.uk/rising-damp/
 Letting Advice / Agent being a pain - Hard Cheese
>> No such thing really as rising damp. An invention of the damp course industry. >>

I'd always though it was Leonard Rossiter.
 Letting Advice / Agent being a pain - Manatee
>> No such thing really as rising damp. An invention of the damp course industry.

I'm sure that's substantially true, but I have seen it once.

34 and a bit years ago we rented a gite in the Loire valley somewhere. It was an old house, solid walls, probably no foundations. As was common before most gites were purpose built luxury things, it was the late grandma's unmodernised house and very basic.

We had a day's heavy rain. In hours, the internal walls became wet as the tide line rose up the walls to about 5 feet above ground level. It was like blotting paper. They dried out almost as quickly the following day when the sun came out, not even leaving a visible tide mark.
 Letting Advice / Agent being a pain - MD
>> Landlorwds are a royal pain!

Not always true. I’m not. In fact I’m mega helpful and generous, BUT have been 8hat on from a great height by a few tenants. It works both ways. My initial reaction to your first post is to be very cautious.

Any party can state what they like in their T&C’s but the courts will not uphold them if they are unreasonable and on this I don’t care what anybody says.. Keep a record of every word, literally. There are simple ways to do this. Good luck.
 Letting Advice / Agent being a pain - zippy
They were supposed to be moving in today.

Viewed the place a couple of months ago. It was pristine. Last week it was pristine when they measured up for furniture.

Today, all carpets soiled. Beds soiled. Blinds pulled off the windows. Curtain poles pulled out of the wall.

Garage full of junk.

Letting agent not contactable. Wonder when the letting agent did an exit inventory?

Not a good start!
 Letting Advice / Agent being a pain - Manatee
Perhaps the previous tenants have been told that their deposit is.being retained and decided they would have their money's worth.
 Letting Advice / Agent being a pain - Clk Sec
I doubt that the previous tenants would have been aware that their deposit was being retained, until after they had moved out.
 Letting Advice / Agent being a pain - Duncan
>> I doubt that the previous tenants would have been aware that their deposit was being
>> retained, until after they had moved out.
>>

That is why, some people say it's a good idea to withhold the last months rent.
 Letting Advice / Agent being a pain - Ambo
Having been caught out like this on a first letting as a student, Duncan, I did what you suggest on the next. the agent said he was "disappointed" but left it at that. Some years later, I was warned that this could have done great damage to my credit rating, had he protested my action.
 Letting Advice / Agent being a pain - Clk Sec
>>the agent said he was "disappointed" but left it at that. Some years later, I was warned that >>this could have done great damage to my credit rating, had he protested my action.

I have no idea myself, but would it really be that easy for someone to damage your credit rating?
 Letting Advice / Agent being a pain - zippy
>>I have no idea myself, but would it really be that easy for someone to damage your credit rating?

Small claims court, judgement, failure to pay said judgement = impact on credit rating?
 Letting Advice / Agent being a pain - Bromptonaut
>> Small claims court, judgement, failure to pay said judgement = impact on credit rating?

That certainly would but registration of a judgement can be averted by prompt payment. Pretty sure that missed payment on CC can be a small issue and default notice a big one. Question is, could a private landlord record a default with the credit reference agencies?
 Letting Advice / Agent being a pain - Falkirk Bairn
A friend of a friend has quite a few BL properties - some turn bad for him - unpaid rent & often damage to the property. Early in the year he had one 4 months rent & damage - they midnight flitted which caused pain when he found the state of the house.

However, 6 weeks later flat fixed up & new tenant. He then filed claims against the tenant.
This will put black marks on their credit history for maybe 5 years so there was some satisfaction in winning an award in court - I do not know if he ever retrieved anything by the way of rent & repair money.
 Letting Advice / Agent being a pain - Focal Point
A few years ago I secured a County Court Judgement against a tenant of mine after he left owing approx. £900 in unpaid rent. (I'm a hands-on landlord - no agent.)

Never saw a penny of the money. Guy could not immediately be traced, despite my best efforts (visiting his last known residence) and probably had few assets anyway - not worth instructing bailiffs.

It's one of those risks you take when you're a private landlord.

Thank the Lord my present tenants, who have been there many years, have never been late with rent, always take their shores off at the front door and have even done a bit of decorating (with paint paid for by me).
 Letting Advice / Agent being a pain - Bromptonaut
>> Never saw a penny of the money. Guy could not immediately be traced, despite my
>> best efforts (visiting his last known residence) and probably had few assets anyway - not
>> worth instructing bailiffs.

Formerly as a court officer and now as an advice worker the I find idea of the 'man of straw' is one a goodly chunk of the public cannot grasp.
 Letting Advice / Agent being a pain - legacylad
An ex and her partner rented out his property and the tenant got behind with rent.... I advised them that they would never see any more money but being ‘ nice people’ they let the situation drag on for over a year. They were eventually owed 5 figures in rent by the time they got to evict said tenant.
Whilst owed increasing amounts of rent they continued doing repairs. Blocked drains. Faulty oven. Then they did a midnight flit, finally traced them, incurred legal expenses, and recently the court made the tenant pay a small monthly amount direct from earnings. Spread over several years
Doubt they’ll ever get it all back.
Glad I only have one house!
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