Harassment by Agency

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    Harassment by Agency

    Hi,

    I'm wondering if someone can give me advice?

    We have been in a property for 5 years on Short Assured Tenancy in Scotland.

    Out of the blue we were issued with a Section 33 notice mid September with no reason given as to why with a date of the end of Nov to vacate.

    When we contacted the agency it was because the landlord wanted to sell the house.

    A week later the agency called to ask to come round and take photos, fine but the house as you can imagine was upside down, we had started to pack things, in addition we were going away early October for 2 weeks.

    They came round to visit anyway and agreed that they would wait.

    In the meantime we desperately looked around to find somewhere new to live, wanting to try and get most of it done before we went away.

    A week after the Section 33 a For Sale sign went up, we started getting knocks on the doors to look around etc and told them to go to the agency.

    We then managed to find a property £500 a month more expensive (bear in mind where we live there isn't a lot of rental property on the market) and have secured that so we handed our notice in to bring it further forward.

    In the letter we sent recorded delivery that we would end the tenancy sooner and we also explicitly stated that we wanted no-one in the premises whilst we were away (we had been burgled before and with the house upside down it's not easy to quickly identify if something has gone missing or not).

    A couple of days later whilst we were away abroad, the agency entered the house (we had a video camera because we had been burgled before and so have evidence). I turned the alarm on and the guy carried on and eventually left about 5 min later.

    I then called the agency and kicked off that someone was in the house which was in breach of the agreement (zero access had been explicitly stated and they hadn't asked permission for access either).

    10 mins later the person entered again, to which I spoke to him and asked him to leave over the CCTV - he said to speak with the office sort of thing - How do I know he's from the agency? There's a for sale sign outside he could just be saying that! - I then threatened the police and he left.

    About 1/2 hr later the sales manager called and apologised saying he hadn't received the letter as lettings dept hadn't told him - that isn't my problem and he agreed to cancel the other visits he had arranged.

    I then wrote a letter of complaint to our property manager about it and also mentioned that the for sale sign was causing people to knock on the door asking or visits etc - we have two young children and on one occasion this was at 9pm!

    We've come back from holiday and the for sale sign has gone.

    Where do we stand with all of this? I feel we've been treated appallingly and it feels as such that we're being rushed out of the house and they're rushing to try an sell the property with us still in it very quickly after serving the notice.

    I should add, there's never been an issue, we have always paid on time over the 5 years and have always raised issues with repairs and maintenance promptly.

    Many thanks

    Superblades


    #2
    While the access thing is out of order.... any reason for the visit other than just walking around?

    Doesn't really seem like all this classifies as "harassment" though, if the agents had been bombarding you with calls multiple times a day and turning up with you in the property unannounced multiple times, maybe. Nothing you describe here though.

    Comment


      #3
      The entry was a mistake and, when they found out, the agent’s apologised and did what you wanted them to do.
      I’m not sure what else they can have done.
      If the landlord tells them to start marketing the property while you’re still there, the sign is down to the landlord, and that seems to be the cause of wanted visits.

      I’m possibly missing something, but none of that sounds like harassment.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Read this lot...
        https://scotland.shelter.org.uk/get_...and_harassment
        and if you still have questions call Shelter Scotland, the experts, on 0808 800 4444. Expect a wait from this overworked charity.
        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


          #5
          I do sympathise.

          Landlords selling up is an obvious consequence of the over regulated Scottish system.

          Doesn't sound like harassment though.

          Comment


            #6
            Originally posted by theartfullodger View Post
            Shelter Scotland, the experts, on 0808 800 4444. Expect a wait from this overworked charity.
            It might be a long wait from this overworked charity.
            They knock off at 5;

            https://scotland.shelter.org.uk/abou...ral=contact_us

            The helpline is open weekdays from 9am until 5pm.

            Comment


              #7
              btw The Leases Act 1449 protect the rights of a tenant when owner sells. Check text at legislation.gov.uk
              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


                #8
                Originally posted by theartfullodger View Post
                Read this lot...
                https://scotland.shelter.org.uk/get_...and_harassment
                and if you still have questions call Shelter Scotland, the experts, on 0808 800 4444. Expect a wait from this overworked charity.
                Whilst you are on the phone you could let them know that it's most likely their fault that you have been turfed out of the property and are now paying £500 more a month in rent.

                http://blog.shelter.org.uk/2016/09/d...s-for-tenants/

                Comment

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