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slurms mackenzie

Given Notice To Leave Despite Agreeing Terms Via Email

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Okay i'm one of the few people who can be called RTS, i got into rented accomodation so i could 'do up' my old place, worked well and hopefully the contracts will be exchanged in september i have no plans to buy, it's just not right for me at this point in life anyhoo.

Signed a 6 month contract in march £650 pcm, the contract stated any increases could only be on the anniversary of the contract. (it was originally for 12 months).

In july i sent the letting agents (Martin and Co) an email saying i'd like to extend the contract for another 6 months.

They finally got back to me in mid august stating that the landlord wanted more money £675.

I pointed out the contract.

They said "ah but it's difficult times"

I then said tell you what you've caught me at a bad time in terms of moving (given the sale of the flat thats going on) so okay i'll agree to the rent and i'll have a year as well.

Nothing back from them, then today a notice requiring possesion.

Do i have any grounds for complaint here? It seems very suspicious

I can't help but feel they're being vindictive because i dare question the contract

Edited by slurms mackenzie

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I strongly suspect the correct response to your predicament (while I'm very sorry about it) is... "tough, better luck next time". but always take at least free advice from people like the cab.

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Okay i'm one of the few people who can be called RTS, i got into rented accomodation so i could 'do up' my old place, worked well and hopefully the contracts will be exchanged in september i have no plans to buy, it's just not right for me at this point in life anyhoo.

Signed a 6 month contract in march £650 pcm, the contract stated any increases could only be on the anniversary of the contract. (it was originally for 12 months).

In july i sent the letting agents (Martin and Co) an email saying i'd like to extend the contract for another 6 months.

They finally got back to me in mid august stating that the landlord wanted more money £675.

I pointed out the contract.

They said "ah but it's difficult times"

I then said tell you what you've caught me at a bad time in terms of moving (given the sale of the flat thats going on) so okay i'll agree to the rent and i'll have a year as well.

Nothing back from them, then today a notice requiring possesion.

Do i have any grounds for complaint here? It seems very suspicious

I can't help but feel they're being vindictive because i dare question the contract

You have my sympathy but I know that there is little you can do. If I were you I would write a really damning review on Google Maps about Martin and Co and keep the paperwork to show that your story is true (just in case). It is unfair but legal. This is the reason why few tenants challenge a rent review unless they have a good plan b up their sleeves. Outside of the fixed period the landlord can serve a section 21 without any reason at all. You could raise the issue with the Property Ombudsman and the OFT - but it probably would not directly help your situation.

Good luck.

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probably not a lot you can do about it if notice has been served correctly, but seeing as they are mucking you about, play the game back. Id contact the EA now and say "got your notice, presume you will be wanting to do viewings, heres my notice i wont be allowing any" if they then try and push for viewings depending on your point of view, either tell them to get lost or demand 50% off the rent until you leave for the hassle.

When they say this is ridiculous say "ah but its difficult times, so now i want 75% off"

Obviously i say i would do it, but then im one of those people who doesnt like being mucked about so my foot goes down early, up to you how much of an akward person you want to be.

Before anyone answers with "oooh but you might not get a reference from the landlord, or they will keep your deposit" remember 2 things

1) who cares about a reference of some cowboy, your new landlord wont, they care about the colour of your cash

2) deposits are a lot harder to steal nowadays so be as difficult as you like (its a business transaction)

hope this helps

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Thanks all for your responses, I'm inclined to agree, I've been stiffed over albeit legally, I've got all the paperwork and an email trail with the additional offer of an extended contract. so i'll happily go on review sites.

I've rechecked the orginal contract and the date of the tenancy is 27th March 2010 to 26th March 2010 so by rights i should have left one day before starting.

I'm tempted to stay in for the viewings and tell the prospective viewer how i've been treated i think that's better than not being there.

Deposit should be safe as the whole contract looks dodgy.

I'm not that bothered about the place to be honest, it's just it becomes a point of principle sometimes.

I'll come back and repost at some point, i've only been off hpc because i haven't had time to sort out a decent broadbanc connection :-)

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My experience of Martin & Co. are they are a bunch of amatuerish cowboys. We just agreed a renewal on our place for 1 year with £20 off the current rent, forced the contract to maintain a six month break clause in our favour in return for 3 months rent up front. We signed the renewal document in thier office and they refused to sign saying the landlord had to do it (what would be the point of having an agent if you do it all yourself), so 5 weeks pass and no document has arrived and the rent is due (I'm not handing over £1725 without a signed agreement) so I tell them (along with a lot of guff about them messing us around and why antagonise tenents who have always paid on time by sitting on the contract) that I will only pay the rent for a statutory periodic and someone (not the one I usually deal with) email a pdf'd document with the landlords signature on it. The next day I get an email from the person I usually deal with denying they have the signed doc from the landlord but they will send one signed by them in the post. So lets get this straight, either the pdf has a signature in the landlords name forged by one of thier staff or they have been messing us around by sitting on it because sure enough the next day we get a letter with the thing signed by the agent we normaly deal with. I'll be exercising the break clause in 6 months (only really stayed because it was convienient with job status) just to f u ck them over along with no viewings.

Sorry about your situ but if we both spread the word they may find a lack of business.

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The EA will just lie about you after the viewing. I would not allow any viewings so they will have a void. But if you allow viewings certainly let the prospects know the truth.

100% agree

My take is "you muck me about, you can stick your viewings where the sun dont shine and ill go away happy KNOWING you will have a void!"

Telling new tenants might make you feel better but maybe not, far better to know the tenant you were going to tell went somewhere else as they couldnt see the place you are in due to you exercising your rights.

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Again thank you for all your postings, i did some more research on Martin and co and found it was just a franchise anyway, so service will probably differ dramatically from branch to branch. It does seem that head office doesn't want anything to do with complaints resolution though.

Any way on the Friday morning (28th) I sent them an email, explaining why i was confused about them refusing my offer and stating i thought they were trying to bully me and as a result i'd be contacting coming into their office at lunchtime to give them a written compaint, and if that wasn't resolved i'd be contacting the landlord personally to resolve the issue.

They got back pretty quickly and said that it was the landlords decision solely nothing to do with them but he could stretch to a six month extension of the contract (strange as this is what i originally wanted). I then agreed to it and told them i'd agreed to it because i had a lot of plates spinning at the moment, but i'd found there service incompetent and cold hearted. They offered to waive the contract renewal fee.

So everything worked out pretty much as i'd wanted, but with a lot of needless stress.

Just two more things

i) Zebbedee I'm pretty sure they can sign on behalf of the landlord as that's certainly what they did with the notice of possession they sent me.

ii) They were pretty much making out like the landlord had absolutely no choice but to put the rent up and would need to do so again in six months time (by which time i'll just move on happilly) , sounds like someones fixed rate is running out as it's a pretty new flat.

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Again thank you for all your postings, i did some more research on Martin and co and found it was just a franchise anyway, so service will probably differ dramatically from branch to branch.  It does seem that head office doesn't want anything to do with complaints resolution though.

Martin & Co are indeed a franchise, so service from them will vary from branch to branch. I've been dealing with their Huddersfield office and they are professional and reasonably efficient.

However they seem powerless when the landlord turns out to be a bit of a dud. For instance I reported a broken en-suite extractor fan and problems with a window closing. They referred the matter to the landlord who decided to do, absolutely nothing. I think my approach, if I were them, would be to get things fixed and bill the landlord accordingly so as to avoid annoying a tenant. To be honest the warning signs were flashing when I took over the property, as the landlord hadn't even bothered to clean the flat.

I'm now getting these things fixed at my own expense, but when the contract expires will be as awkward as possible over viewings, and/or advise prospective tenants, that it is unlikely anything will get fixed.

Anyway glad you have been able to resolve your issue's.

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Martin & Co are indeed a franchise, so service from them will vary from branch to branch. I've been dealing with their Huddersfield office and they are professional and reasonably efficient.

However they seem powerless when the landlord turns out to be a bit of a dud. For instance I reported a broken en-suite extractor fan and problems with a window closing. They referred the matter to the landlord who decided to do, absolutely nothing. I think my approach, if I were them, would be to get things fixed and bill the landlord accordingly so as to avoid annoying a tenant.

The agent's duty is to the landlord not the tenant. If the LL has instructed the agent not to unilaterally fix things then their hands are tied, however much this annoys the tenant.

tim

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  • 152 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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