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  #1  
Old 19-12-2006, 11:13 AM
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Estate agents - rant #168

Sorry Matov and KevinT - but here is another rant, and I am fuming on behalf of my better three quarters.

Basically, here is a bit of background - rented a property in Manchester City Centre through an estate agent in August. In November, got a letter from another estate agent saying that they have taken over the property. Then they sent round a valuer - which is fine, sent a letter 2 days before the valuer went around. Then, the second time, she received a letter that day before that a valuer is going to go around. Which again is fin - there is a 24 hour notice clause in the contract for this. But just now, she called me to tell me that the agent sent a surveyor around today - no notice, no knock on the door or anything - just walked in (had the keys). Not only is that morally bang out of order, but is also a breach of contract. Now, as a tenant, does she have any rights in this instance? It's a disgrace, and a summary of the estate agents she has had dealings with (with 1 exception) in the last 4 years.

Rant over.
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Old 19-12-2006, 11:16 AM
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Re: Estate agents - rant #168

Quote:
Originally posted by kolinkins
Sorry Matov and KevinT - but here is another rant, and I am fuming on behalf of my better three quarters.

Basically, here is a bit of background - rented a property in Manchester City Centre through an estate agent in August. In November, got a letter from another estate agent saying that they have taken over the property. Then they sent round a valuer - which is fine, sent a letter 2 days before the valuer went around. Then, the second time, she received a letter that day before that a valuer is going to go around. Which again is fin - there is a 24 hour notice clause in the contract for this. But just now, she called me to tell me that the agent sent a surveyor around today - no notice, no knock on the door or anything - just walked in (had the keys). Not only is that morally bang out of order, but is also a breach of contract. Now, as a tenant, does she have any rights in this instance? It's a disgrace, and a summary of the estate agents she has had dealings with (with 1 exception) in the last 4 years.

Rant over.


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Old 19-12-2006, 11:18 AM
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Old 19-12-2006, 11:21 AM
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Re: Estate agents - rant #168

Quote:
Originally posted by kolinkins
Now, as a tenant, does she have any rights in this instance?


I don't know, maybe you should ask a lawyer?

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Old 19-12-2006, 11:26 AM
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A land law and tenant specialist I presume.

Anyway, why are Estate agents and landlords allowed to get away with shit - if it was the other way around, the tenant would be in all sorts of shit.
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Old 19-12-2006, 11:34 AM
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Quote:
Originally posted by kolinkins
A land law and tenant specialist I presume.

Anyway, why are Estate agents and landlords allowed to get away with shit - if it was the other way around, the tenant would be in all sorts of shit.


Its very much a relationship of power - and the tenant has pretty much none.

The housing sector in this country sucks - its regressive and it makes me extremely angry.
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Old 19-12-2006, 11:35 AM
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If they enter without giving 24hours they are guilty of trespass.
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Old 19-12-2006, 12:01 PM
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Should have told him to leave and next time to knock.
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Old 19-12-2006, 12:27 PM
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Firstly they should always give 24 hours notice. As far as I know this does not have to be in writing as long as somebody takes the phone call.

In terms of what you can do I would recommend the following.

Write to the Estate Agents explaining how annoyed you are. Acknowledge the fact that you understand about their requirement to have access to the property with the 24 hours notice but that in this case it was not adhered to.

If it does happen again during the course of the tenancy then you will change the locks, deduct the cost of this from the following months rent and insist on somebody being present during all future inspections.
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Old 19-12-2006, 12:29 PM
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Quote:
Originally posted by Dal
Its very much a relationship of power - and the tenant has pretty much none.

The housing sector in this country sucks - its regressive and it makes me extremely angry.



You do talk some nonsense.

If a Tenant wishes to move out at the end of a tenancy they give one months notice. If a Landlord wishes to get their property back they have to give two months notice.
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Old 19-12-2006, 12:33 PM
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Don't know why you're apologising to me Klinx. I'm an estate agent, not a letting agent.
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Old 19-12-2006, 12:37 PM
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Quote:
Originally posted by Mat ov CPFC
If a Landlord wishes to get their property back they have to give two months notice.


Even if the contract specifies one month for either party? Is there statute to over-ride this?
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Old 19-12-2006, 12:37 PM
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If the property is being rented under a lease, there is usually covenants which the lanlord reserves in the lease allowing him to re-enter the property for certain things, to repair for example, but I havent really seen any which include allowing a lanlord to re-enter to re-value the property, without prior notice to the occupying tenant.

Id get legal advice.
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Old 19-12-2006, 12:40 PM
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Quote:
Originally posted by kolinkins
Even if the contract specifies one month for either party? Is there statute to over-ride this?



The two month requirement is statutory. Its a Section 21 notice which either has to be served two months prior to the end of a fixed contract or if the contract has rolled over and become periodic then at any time although the notices, from both sides, have to be effective as of the Rent due dates.
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Old 19-12-2006, 12:41 PM
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Quote:
Originally posted by Mat ov CPFC
You do talk some nonsense.

If a Tenant wishes to move out at the end of a tenancy they give one months notice. If a Landlord wishes to get their property back they have to give two months notice.


I don't deny that the tenant has the right to give notice to end a tenancy.

My gripe is the lack of options for those that are not lucky enough to own their own property.

If you don't own property then you are left with only one realistic option - namely to rent in the private sector.

Frankly, I'm not keen on lining someone else's pocket.
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Old 19-12-2006, 12:41 PM
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Quote:
Originally posted by Dal
I don\'t deny that the tenant has the right to give notice to end a tenancy.

My gripe is the lack of options for those that are not lucky enough to own their own property.

If you don\'t own property then you are left with only one realistic option - namely to rent in the private sector.

Frankly, I\'m not keen on lining someone else\'s pocket.



So what other options should there be ?
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Old 19-12-2006, 12:44 PM
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I don't know - maybe affordable properties to buy or maybe some half-decent social housing?
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Old 19-12-2006, 12:48 PM
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Quote:
Originally posted by Dal
I don't know - maybe affordable properties to buy or maybe some half-decent social housing?



Would you be happy if Letting Agents were forced into a life of poverty and wearing cardboard shoes? Well, would you?
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Old 19-12-2006, 12:51 PM
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Quote:
Originally posted by Dal
I don\'t know - maybe affordable properties to buy or maybe some half-decent social housing?



Affordable ? What you really mean is properties that are cheap enough for you to buy and then make a small fortune on.

The social housing, well that I can buy into and feel that we could do with a lot more but it needs to be managed and distributed in a different way to how it happens at the moment.
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Old 19-12-2006, 12:52 PM
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Lizzy can take a ladder to the shadows and forget Lizzy can take a ladder to the shadows and forget Lizzy can take a ladder to the shadows and forget Lizzy can take a ladder to the shadows and forget Lizzy can take a ladder to the shadows and forget Lizzy can take a ladder to the shadows and forget Lizzy can take a ladder to the shadows and forget Lizzy can take a ladder to the shadows and forget Lizzy can take a ladder to the shadows and forget Lizzy can take a ladder to the shadows and forget Lizzy can take a ladder to the shadows and forget
Quote:
Originally posted by Dal
I don't know - maybe affordable properties to buy or maybe some half-decent social housing?



So what do we do - tell people they have to sell their houses at less than market value!

It's the way it goes mate - I hate to be harsh but you'll have to start saving up so you can buy or deal with the rental market.

And as far as I can see there is some decent social housing around - certainly I have been to a number of very nice local authority and council houses. Granted there are some total shite holes as well.
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