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DownsizingDiva

How Low Can Estate Agents Stoop?

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A friend of mine is a tenant in a property which has been on the market for a couple of weeks. He was looking through RM for possible properties for sale ( daft, I know, but he has a young family and is keen to buy) and found that the property he is currently renting has been sold.

Did the Landlord tell him? NO

Did the EA tell him? NO

He found out via Rightmove.

How low can these scum sink?

Edited by DownsizingDiva

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A friend of mine is a tenant in a property which has been on the market for a couple of weeks. He was looking through RM for possible properties for sale ( daft, I know, but he has a young family and is keen to buy) and found that the property he is currently renting has been sold.

Did the Landlord tell him? NO

Did the EA tell him? NO

He found out via Rightmove.

How low can these scum sink?

I'd say basement level - but described as garden-flat.

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I may be wrong but I did not think a short term tenancy agreement could be transferred from one property owner to the next without the existing tenant agreeing to a new contract?

If it is done without the tenant's knowledge or agreement then the tenancy changes to the much older type (the badge escapes me??) & thus the tenant has far more rights.

In my mind from years back so this could be complete twaddle.

....................................................................

How low can an EA go?

There is no bottom in sight for the property prices & I don't think some EAs are any different

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I may be wrong but I did not think a short term tenancy agreement could be transferred from one property owner to the next without the existing tenant agreeing to a new contract?

If it is done without the tenant's knowledge or agreement then the tenancy changes to the much older type (the badge escapes me??) & thus the tenant has far more rights.

In my mind from years back so this could be complete twaddle.

....................................................................

How low can an EA go?

There is no bottom in sight for the property prices & I don't think some EAs are any different

I think you are probably right, but the buyers are intending to live in it, therefore my friend is assuming he will be given notice to quit very shortly. That in itself is OK - any landlord has the right to serve notice on a tenant to quit (providing it is given according to the terms of the AST) but the issue here is that out of COMMON COURTESY surely the Estate Agents should have let him know the property had been sold. - Hmmm... think I have found the problem here - Estate Agents have NO COURTESY, NO MORALS, ETC. ETC. ETC.

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I think you are probably right, but the buyers are intending to live in it, therefore my friend is assuming he will be given notice to quit very shortly. That in itself is OK - any landlord has the right to serve notice on a tenant to quit (providing it is given according to the terms of the AST) but the issue here is that out of COMMON COURTESY surely the Estate Agents should have let him know the property had been sold. - Hmmm... think I have found the problem here - Estate Agents have NO COURTESY, NO MORALS, ETC. ETC. ETC.

Why does the behaviour of one incompetent agent in one office suddenly merit all estate agents being labelled with your generalisations. Please see Lauras quote for the correct way to address this issue. You have one person who has failed in their duty, not a whole profession.

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A friend of mine is a tenant in a property which has been on the market for a couple of weeks. He was looking through RM for possible properties for sale ( daft, I know, but he has a young family and is keen to buy) and found that the property he is currently renting has been sold.

Did the Landlord tell him? NO

Did the EA tell him? NO

He found out via Rightmove.

How low can these scum sink?

How low is a snakes belly?

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I may be wrong but I did not think a short term tenancy agreement could be transferred from one property owner to the next without the existing tenant agreeing to a new contract?

If it is done without the tenant's knowledge or agreement then the tenancy changes to the much older type (the badge escapes me??) & thus the tenant has far more rights.

My landlord recently transferred ownership of our rented flat to her father. I was informed by email. No mention of a new contract.

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How did they do viewings? While the tenant was at work? If they can prove that the buyer saw the property at first hand and the tenant wasn't given notice of entry I'm guessing they could cause a bit of a fuss, no?

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Why does the behaviour of one incompetent agent in one office suddenly merit all estate agents being labelled with your generalisations. Please see Lauras quote for the correct way to address this issue. You have one person who has failed in their duty, not a whole profession.

That's a new one on me, in what way is selling houses a profession?

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That's a new one on me, in what way is selling houses a profession?

Exactly. Estate Agency is NOT a "profession". Anyone who is able to operate a photocopier and adept with a hammer (to put up the "for sale" signs) can set up in business as an Estate Agent.

Years ago, most Estate Agents were at least members of the RICS. These days anyone with red braces/shiny suit/flash car can set themselves up as an Estate Agent, pay RM the necessary fees and offer to "market" properties for an exorbitant fee. If I had no social conscience, and if the market were different, I would seriously consider entering the "profession" myself... :rolleyes:

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Why does the behaviour of one incompetent agent in one office suddenly merit all estate agents being labelled with your generalisations.

Because, generally speaking, it is probably true :P

And the agent wasn't incompetent. The agent was immoral, discourteous and completely disinterested concerning the consequences for the tenant.

Edited by VacantPossession

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I had a similar thing happen to me last year - was searching RM and suprised to find the house I was renting up for sale! The landlord had not asked me, the letting agency had not asked me and said they knew nothing about it (it was up for sale with a different agency).

I rang up the selling agency and pointed out I was the tenant and they were ok, they agreed to give me at least 24 hours notice before a viewing, and as far as I know they stuck to it. So not all agencies are bad!

Luckily (for me), the asking price was way too high and no-one bought it, even after it had been dropped £25,000 :lol:

But I was considering changing the locks to make sure that no-one came round without me knowing. Although it was in my contract not to do that, I would argue that my right as a tenant to hassle-free tenancy is more important (and this is part of the standard AST; not changing the locks is something added by the letting agency or landlord). If it ever went to court I would be fairly sure of winning since they had treated me so badly.

In your situation I would change the locks if possible. If it's sold then you don't want any Tom, Dick and Harry coming round when you're out. It might also prompt the phuckers to actually ring you up and talk to you about it? If they whinge about changing the locks, tell them about the need for notice, etc. They may compromise if they have sense. If not, I would fancy your chances over theirs in a court but I am not a lawyer, etc. so speak with CAB, Shelter, etc. first.

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A friend of mine is a tenant in a property which has been on the market for a couple of weeks. He was looking through RM for possible properties for sale ( daft, I know, but he has a young family and is keen to buy) and found that the property he is currently renting has been sold.

Did the Landlord tell him? NO

Did the EA tell him? NO

He found out via Rightmove.

How low can these scum sink?

nothing to do with the EA.

the AST is between the tenant and the landlord.

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A friend of mine is a tenant in a property which has been on the market for a couple of weeks. He was looking through RM for possible properties for sale ( daft, I know, but he has a young family and is keen to buy) and found that the property he is currently renting has been sold.

Did the Landlord tell him? NO

Did the EA tell him? NO

He found out via Rightmove.

How low can these scum sink?

My only thoughts on this is that months ago someone said they were renting a property and the EA's came round and put a SOLD board on it but it wasn't on the market!

Just wondered if the property has sold or is the owner an EA or got a friend who is an EA , seems odd if its been sold without any viewings or survey. ;)

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Surely an estate agent has no duty to a tenant whatsoever.

The landlord should have told him, although if it doesn't affect the tenant, in any material way, I don't see the problem.

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My landlord recently transferred ownership of our rented flat to her father. I was informed by email. No mention of a new contract.

Their ignorance. They are not the law, merely one side of a now invalid contract. Check it out.

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Surely an estate agent has no duty to a tenant whatsoever.

The landlord should have told him, although if it doesn't affect the tenant, in any material way, I don't see the problem.

Not having a direct relationship with a third party does not excuse the agent if he acted in a way that connived with the Landlord in keeping the tenant out of the loop, or in negligently failing to establish whether the Landlord had any commitments which impacted on a third party. It has been established in law that the concept of duty of care can go beyond the relationship between two primary parties if other parties are damaged by that relationship.

A duty of care is also not necessarily defined as only being between parties who have a financial relationship. It depends how wide ranging or severe the consequences to third parties might be. But it is now clearly established in TORT that a agents DO indeed have a duty of care to others.

The Australian regulations on property agents' conduct firmly set out the parameters for the scope of duty of care, and though perhaps UK law might not be quite so clear cut, I would guess a bit of delving into past cases would reveal the same. It is the PROXIMITY of third parties affected by an agent or Landlord's actions that holds the key, not merely the contractual relationship between just two parties. It can be established that if an agent did not make sufficient enquiries to check on the status of a given property, including whether it was subject to a valid and running lease, then the agent would be in breach of his duties to a third party if that third party was damaged or disadvantaged.

Seems reasonable to me.

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Surely an estate agent has no duty to a tenant whatsoever.

The landlord should have told him, although if it doesn't affect the tenant, in any material way, I don't see the problem.

I got the impression that the EA is the Letting Agency. Think it's the OP's terminology.

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How did they do viewings? While the tenant was at work? If they can prove that the buyer saw the property at first hand and the tenant wasn't given notice of entry I'm guessing they could cause a bit of a fuss, no?

Here is the law with regards to entry of a property by the land lord. If the property has been rented as a whole unit, the LL has to give 24 hours notice.

If the LL rents out rooms in the property individually, he can come when and how he pleases.

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Surely an estate agent has no duty to a tenant whatsoever.

The landlord should have told him, although if it doesn't affect the tenant, in any material way, I don't see the problem.

Entry into your home without your knowledge. Things could have gone missing without you knowledge too. Clearly a serious breach of rights. I'd sue the fecker.

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The OP knew the house was up for sale so I don't see the problem, he still has the same rights of notice period so the LL will have had to tell him eventually.

If however the LL had arranged viewings and accessed the property without prior arrangement then that's a different matter.

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Why does the behaviour of one incompetent agent in one office suddenly merit all estate agents being labelled with your generalisations. Please see Lauras quote for the correct way to address this issue. You have one person who has failed in their duty, not a whole profession.

Here's a quick description of "profession" for you:

http://en.wikipedia.org/wiki/Profession

What "professional" qualifications do you require to sell houses?

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Now someone used to have a quote about what counted as a "profession" as their sig... I've searched but can't find it.

It went along the lines of... "if you do something for money, that's your profession, if you polish turds for a living, then that's your profession, you're a professional turd polisher..."

I guess it just depends where you put your boundaries. Although Wiki says you need qualifications, but nowadays when people ask what your profession is, they generally mean what they do for a living - qualified or not.

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A friend of mine is a tenant in a property which has been on the market for a couple of weeks. He was looking through RM for possible properties for sale ( daft, I know, but he has a young family and is keen to buy) and found that the property he is currently renting has been sold.

Did the Landlord tell him? NO

Did the EA tell him? NO

He found out via Rightmove.

How low can these scum sink?

Lower than you could possibly imagine... and then some?

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