Agency information differs from landlord

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Agency information differs from landlord

    Hi, I think this might be the wrong place to post but I'm looking for advise, google directed me here!

    I'm currently a tenant, my tenancy agreement ran out in dec 2013, my landlord left a new tenancy for me to sign which I did and has been sitting here waiting to be collected.

    On Monday she called me stating she has hired an agency to maintain the property (we've been here nearly 2 years and first rented privately) and that all issues need to be sent via the agency which I'm fine with. The agency want to come out and get a gas cert/elec cert done and inspect the property and sign new documents.

    My question is will I be liable to pay any agency fees with them or admin fees etc? The last thing I want is a bill or contract stating I need to pay them a sum when I already live here and be evicted if I don't pay?

    When we moved in we paid 2 months rent up front (she refused a deposit) so the last month we move out we don't pay the rent as she already has it. Is that still valid?

    Sorry if I'm on the wrong discussion website, I just can't get a straight answer from anyone and my local CAB has no appointments

    Any advise will be helpful x

    #2
    Don't worry. Nobody (either your LL or her agent) can make you pay anything more than what your tenancy contract obliges you to pay (usually just rent and utility bills and Council Tax).

    If she has employed an agent to manage the property, that contract is between her and the agent; it doesn't affect you (other than in the practical sense of having to contact them about issues rather than her).

    At the end of the tenancy when you move out, don't let them charge you for a 'check-out fee' or a 'deposit release fee', either. Agents are fond of doing that, even if it wasn't agreed at the start.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      Ahhh thank you so much! You've put my mind at ease!

      I know agencies charge stupid fees to rent a property and didn't want them slapping that bill on me. I still have the tenancy agreement but it's unsigned from her.

      I'm hoping when they come over and inspect I can show them all the jobs she's never bothered to get fixed and they might get done (kitchen extension in kitchen,floor coming apart. Broken tap on bath even after being told in dec when she inspected!)

      I'm Hoping we might actually get jobs done when they break now via the agent after we spent £2000 on her house when we moved in having carpets and decorating!

      Comment


        #4
        Have you written to the landlady and kept copies (and proof that you sent them) about the repair issues?
        Do not sign any documents until you have had a chance to read and seek advice on their contents.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Landlord oven saga advice!

          Hi all.
          Advice needed again!
          Agency instructed landlord she needed a new gas safety cert done.

          Guy came out and said cooker is dangerous as there is no spark as I have to put my hand into the cooker and light it with a long gas lighter (strange how her previous safety guy passed it!)

          She has just called to say she will come and remove cooker however it's my responsibility to replace it then I can take it with me when I move out (it's a fitted oven with separate gas hob)

          I'm just wondering if she can do that? I can't afford to replace the cooker so it means I'm left without one for a couple of months at least while I save up to buy a new one.

          It's left me in a bit of a predicament as you can imagine. Her excuse was "if I buy a new one then I have to service it so you can buy a new one then it's your responsibility"

          Any advice?

          Thanks

          Comment


            #6
            I would say that if you rented the property knowing that there was a working oven in place, then it's up to the landlord to replace it - she can't just absolve herself of that responsibility.

            Comment


              #7
              I always include the oven in the tenancy and so repair it if it goes wrong. The way my tenancy's are set up I have a contractual obligation to repair an oven as it is included as part of the tenancy. Other landlords don't believe it is their responsibility to repair an oven and there is no statutory obligation on landlords to repair it if it goes wrong.

              Comment


                #8
                Was there an inventory taken and agreed when moving in that included the oven? If so, you are entitled to expect a working oven....I would write to her and identify the cooker as being a necessary repair and asking for a timescale in which she will fix or replace it.

                As an aside, the ignition systems on these are usually very simple and therefore cheap to fix or replace ( by a Gas Safe person). It will either be a piezo circuit using a trigger or use a replaceable battery or be powered off the mains. Did it have a push button or something that no longer works? Might be worth a quick look at the installer guide via the manufacturers website as it will be covered there. Often they fail as they are covered in burned on spills!

                Comment


                  #9
                  Hi, no she didn't do an inventory when we moved in at all.

                  No there is no button or anything on the cooker, it's supposed to ignite itself but never has (when I moved in she said she used to use newspaper and a lighter!)

                  As there is no mention of an oven in any of our tenancy I'm now thinking she can leave us without because it wasent specified that the oven was included?

                  I must add she's not a very good landlord. A few months back the porch door lock stopped locking so I called her and she blamed me for breaking it when it turns out (after 2 weeks of asking) that the locking mechanism was seized up so not my fault at all.

                  I also currently have a bathroom tap that dosent let hot water out which she's been saying she will get fixed ASAP....that was 2 months ago.

                  Comment


                    #10
                    My tenancy agreement is a standard issue tenancy too, just one piece of paper with names etc on the front and T&C on the back BUT she didn't actually sign that tenancy, I'm awaiting my appointment Monday to sign a new one at the agency (rented privately and now landlord decided to use agency)
                    Last edited by Kyralh88; 02-02-2014, 15:37 PM. Reason: Wrong info

                    Comment


                      #11
                      It is undeniable that an oven was present in the property when you rented it. I personally class an oven as part of the fixtures and fittings, akin to how I class things like a sink and a shower and a fridge / freezer. These things are not furnishings. Nor are they optional things in my mind. Therefore I class myself - as Landlord - to be responsible for those items. All of this becomes stronger if the oven is a fitted oven, as opposed to some standalone thing.

                      What will be up for debate (if nothing regarding the oven is mentioned in the Tenancy Agreement) is whether you were verbally advised the oven was just left there as a convenience and, if it broke or had issues, you would be responsible to fix / replace.

                      However... I would be concerned if someone could install a gas appliance that is dangerous and I would also be curious as to how it wasn't highlighted in the previous GSC.

                      I would stick to your guns with the Landlord on this one - the common sense perspective I have says that a fitted oven is part of the property that you rented and the Landlord is responsible for its condition of safety and its repair.

                      Comment


                        #12
                        Many thanks Hippogriff,

                        Yes it is indeed a fitted oven, with a seperate gas hob at the top which is why I'm not in a financial position to replace it.

                        No it was never mentioned that is was there for our convenience.

                        The only thing regarding the oven on the original GSC was that the oven needed a clean (done before we moved in might I add, we're clean people!) but since then the same guy has been out to fix a gas leak (no gas for 4 weeks last winter!) and did a new GSC and passed the oven. I will say that he is the landlords friend but he is registered.

                        Until my new tenancy is signed I don't really want to rock the boat and demand a new cooker from the landlord because she seems the sort to just say "your out in a month"

                        Comment


                          #13
                          Agency information differs from landlord

                          Ok so I had my meeting with the new agent this morning and am signing new tenancy next Tuesday.

                          However the landlord has decided she wants to up the rent from £550 to £575 PCM which she failed to tell me about last week! Can she do that?

                          They have also asked for a guarantor which is fine however they want national insurance number and proof of income (3 wage slips). Are they allowed to have such personal information?

                          Also landlord is still claiming it's my responsibility to change cooker however agent said as it's built in it should be upto her but he will discuss with landlord tomorrow.

                          There's also an issue with the bedroom window, it won't open. Seems the mechanism has seized up which I told the landlord about and she said it's not covered and she won't fix but I'm pretty sure she's supposed to fix it? Do I have a right to ask for the repairs to be done?

                          Comment


                            #14
                            Oh and the agency have stated that future rent needs to be paid direct to them but landlord want it direct to her! Who do I believe?!

                            Comment


                              #15
                              (Unless a contract already exists - say you've emails stating " Yes you can rent 63 Acacia Avenue from 17th Feb for £550/mo..) Landlord can set whatever terms they wish (price, where rent paid). However landlord sounds somewhat out-of-control & I'm not sure I'd be comfortable with them. Sounds like landlord is trying not to have to pay agency, perhaps..

                              IMHO these issues plus cooker (uncertain if it should be covered, probably) & window (defintely LL responsibility but if to get it sorted he refuses contract signature..) I'd not want to do business with him.

                              Yes of course you have a right to ASK for repairs. Some repairs you have a right to actually get fixed - see
                              http://england.shelter.org.uk/get_ad...n_private_lets

                              How much do you want THAT property & would you be prepared to put up with his "weirdness". Only you can answer that.
                              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X