Odd behaviour?

A strange one but bear with me:

When I moved into my apartment, I signed my direct debit mandate with the letting agent and my rent was due to come out the following month. No problem so far.

Nearly 3 months later, I get a phonecall from my letting agent asking why my current month's rent hadn't been paid. I assumed that my DD had came out (I have a seperate bank account purely for rent that I never check) so I checked with my bank and lo and behold, no rent had been taken since I moved in, leaving me overdue 2 months rent.

I asked why my DD hadn't been set up and I was told that it wasnt the letting agents responsibility to make sure I pay the rent. I tried to explain that I know that it is my responsibility to pay the rent but surely they should have informed me when the 1st payment didn't go through? The money is still sitting in my account and I am not claiming that I am not due to pay. I got a response saying that she would have no option but to open a dispute with the PRTB as it was "unfair that I was claiming that they were in the wrong in any way"

While I was talking to the letting agent, I mentioned that while I had her, could she give me an update as to when my intercom would be fixed. I'm a single dad with a toddler and I can't leave her unattended to give visitors access to the complex so it is an important issue that I addressed when I moved in and noticed it was faulty. She told me I would have to contact the maintenance company as she couldnt give me a date (despite the fact that she had previously said that the maintenance company would be in touch ASAP - 1 month ago). I asked for their contact details but got no repsonse that day.

When I arrived home from work, i was greeted to a 14 day termination letter in my letterbox despite the fact that I had explained that I was unaware that my rent hadn't been paid. I thought this was a very heavy handed and strange action to take.

This morning I emailed asking for the contact details of the maintenance company and was given a number. When I rang the number, it is the number OF THE LETTING AGENT!!!! I emailed back and asked if she had given the right number and she confirmed that they are in the same office?!?!

This is very confusing. Is this usual practice!?

Mrs OBumble

Paying rent by Direct Debit is not usual (or good) practice. YOU should have set up a standing order, and for the first two/three months you should have been checking it to make sure it went through.

The letter is simply them being precautionary in case you don't pay: provided you used your on-line banking to make the payment that night and have paid the full amount due, you can safely ignore it.

Having the letting agent and the maintenance company share an office is quite common. Obviously they don't have the same phone number (you would have noticed that before calling) - but they do share a receptionist. And the two numbers can be diverted to different places after hours.

Fair dues. I thought it was quite heavy handed myself. I am still a little agrieved about the intercom situation though. You would think if they shared an office and I had been told that she had raised the issue months ago, she would be able to follow it up for me.

oh well.

The plot thickens. I have now been informed that "because the intercom was not a feature mentioned in the advert, the landlord has decided not to fix it as it is too costly"

This is despite the fact that I am almost sure that it was mentioned (I have no way to prove or disprove however) in the ad. Even so, I was told verbally by the letting agent when I was viewing the place that "this is the intercom to let people in"... she just omitted the fact that it was never going to work.

This is very upsetting as the apt is not suited to me living with my daughter if I am stuck when she is in bed.

Mrs OBumble

OP, have you paid the rent yet?

TBH, you're not in a strong negotiating position right now.

the world wonders

Deleted User wrote: »

When I moved into my apartment, I signed my direct debit mandate with the letting agent and my rent was due to come out the following month.

Are you sure it was a direct debit and not a standing order? Highly unusual for even a major landlord to go to the trouble and expense of setting themselves up as a direct debit creditor...

The plot thickens. I have now been informed that "because the intercom was not a feature mentioned in the advert, the landlord has decided not to fix it as it is too costly"

Send them a request to fix it in writing. If you get no joy after 14 days open a PRTB complaint.

the world wonders

the world wonders wrote: »

Are you sure it was a direct debit and not a standing order? Highly unusual for even a major landlord to go to the trouble and expense of setting themselves up as a direct debit creditor...Send them a request to fix it in writing. If you get no joy after 14 days open a PRTB complaint.

My apologies, it was a standing order I signed. I genuinely thought nothing of it as I assumed it was all set up. I haven't paid the rent yet as I dont have the letting agents bank details. I had planned on dropping it in on monday as I had to withdraw it in the bank on my lunch today and the letting agent isn't open at weekends.

I have already asked them in writing over a month ago and they initially said that the maintenance team are very busy and it wont be fixed in the immediate future. When I complained about that, I was told the maintenance team would contact me. Then today, a month and a half later, I was told that the intercom would never be fixed as it was too expensive.

I think that's pretty sh*tty behaviour as the intercom is a basic necessity in a complex

Mrs OBumble

Mrs OBumble wrote: »

OP, have you paid the rent yet?

TBH, you're not in a strong negotiating position right now.

I dont want to negotiate. I just want a working intercom

ABajaninCork

Pay the rent first. Then you can put pressure on to fix the intercom.

ABajaninCork

ABajaninCork wrote: »

Pay the rent first. Then you can put pressure on to fix the intercom.

`paying the rent is no problem. I only found out yesterday it hadn't been paid. I got the money out today and will drop it in as soon as i can.

I can't put pressure on them to fix the intercom as they have unequivocally stated that it will never be fixed which i find totally unacceptable

makeorbrake

You still haven't actually paid the rent. Do so immediately. THEN follow up re. intercom.

Mrs OBumble

[Deleted User] wrote: »

I haven't paid the rent yet as I dont have the letting agents bank details. I had planned on dropping it in on monday as I had to withdraw it in the bank on my lunch today and the letting agent isn't open at weekends.

If you don't have the details, how did you set up the SO?

Do you seriously take out three months rent in cash and intend to carry it around all weekend without spending any? How many separate ATM transactions was? What's your bank's daily withdrawal limit?

Really, you've been incredibly irresponsible with your child's home. Focus on the basics while you repair the relationship with the agency. An intercom is not an essential. If your kid is asleep, you simply manage without visitors.

tomaussie

Mrs OBumble wrote: »

If you don't have the details, how did you set up the SO?

Do you seriously take out three months rent in cash and intend to carry it around all weekend without spending any? How many separate ATM transactions was? What's your bank's daily withdrawal limit?

Really, you've been incredibly irresponsible with your child's home. Focus on the basics while you repair the relationship with the agency. An intercom is not an essential. If your kid is asleep, you simply manage without visitors.

Waaaaay over the top here. Not sure why you are getting so upset.

OP- I'd hold the rent,or pay half of it and explain you will pay it when the intercom is working as agreed.

I'd also start looking for a new flat in the interim.

I reckon fixing that intercom is last thing on the LL list of things to do,
If there using a letting agency and have not received rent for 2 months I wouldnt say there rolling in money so not going to splash out on fixing intercoms.
You should pay that rent asap!! then worry about the intercom!!

the world wonders

tomaussie wrote: »

OP- I'd hold the rent,or pay half of it and explain you will pay it when the intercom is working as agreed.

This is bad advice. Legally you are not entitled to withold rent until repairs are made. You already have a 14-day notice of arrears; the agent could very well decide they've had enough of you and proceed to the 28-day notice of eviction if you don't clear those arrears promptly. And they would be well within their rights.

Mrs OBumble

Mrs OBumble wrote: »

If you don't have the details, how did you set up the SO?

Do you seriously take out three months rent in cash and intend to carry it around all weekend without spending any? How many separate ATM transactions was? What's your bank's daily withdrawal limit?

Really, you've been incredibly irresponsible with your child's home. Focus on the basics while you repair the relationship with the agency. An intercom is not an essential. If your kid is asleep, you simply manage without visitors.

Woah!

Firstly, as I said previously, I went to the bank on My lunchbreak on Friday to make the withdrawal as I wouldnt have been able to do it via an ATM. I only found out on Thursday that my SO had not been set up correctly by the letting agent.

I took the money out ASAP (Friday lunchtime) to ensure that it would be paid as soon as I could. If the queue hadn't been so long, i would have been able to drop it into the letting agents within the same lunchbreak. I cannot see how I have acted irresponsibly. When I signed the SO, I didn't get a copy so that is how I didn't have the details. The letting agent assured me that she would set it up.

As far as an intercom not being an essential, I beg to differ. When in a complex that requires an intercom at the carpark, main gate and then the front door to the building, it IS essential that I am able to let people in. I was told when viewing the apt that this was working. I don't see why I should "have to manage" when every other apartment has this basic function.

Mrs OBumble

Deleted User wrote: »

I took the money out ASAP (Friday lunchtime) to ensure that it would be paid as soon as I could. If the queue hadn't been so long, i would have been able to drop it into the letting agents within the same lunchbreak. I cannot see how I have acted irresponsibly. When I signed the SO, I didn't get a copy so that is how I didn't have the details. The letting agent assured me that she would set it up.

You acted irresponsibly by:

1) Not checking your bank account the day after the first rent payment was due to go out.
2) Not setting up the SO yourself (responsible people do not let someone else give instructions to their own bank!)
3) Not using the telephone to get the bank details and making the payment by phone or internet banking the day that the problem was notified to you.
4) Signing a document that you didn't get a copy of.
5) Keeping a large quantity of cash in your house over the weekend.


Maybe you cannot see how this situation looks from your landlords point of view.

However - based on the actions that the landlord has seen from you so far - you don't look like the sort of long term tenant who anyone will be wanting to help. Instead you look like a poor payer who might be about ready to do a runner, and who is using a relatively trivial maintenance issue as a smokescreen.

You've told us that's not the case. But words are cheap. You now need to prove yourself to your landlord through better actions.

No Pants

Deleted User wrote: »

I took the money out ASAP (Friday lunchtime) to ensure that it would be paid as soon as I could. If the queue hadn't been so long, i would have been able to drop it into the letting agents within the same lunchbreak.

So you didn't manage to pay the rent? A queue at the bank, who could have foreseen that?

No Pants

No Pants wrote: »

So you didn't manage to pay the rent? A queue at the bank, who could have foreseen that?

Sarcasm. Nice.

I don't feel that I kept the letting agent/landlord waiting for an inordinate amount of time for the rent after it had been brought to my attention that the SO had not gone through. The rent was paid today, I hold my hands up and say that yes, I should have ensured the money was leaving my account, but surely the letting agent is a little responsible too?

I had no reason to believe that the letting agent didn't set up my SO (as she had promised to do). I have never used letting agents before and have always dealt with landlords directly and previously set up everything myself. This time however, I had followed every direction that the letting agent had given, yet everything seems to have gone awry so perhaps I was being a little naieve. If you want something done properly etc etc.

The letting agent is now denying that I was ever told there was a working intercom and has reiterated that it will not be repaired.

Doom

Mrs OBumble wrote: »

If you don't have the details, how did you set up the SO?

Do you seriously take out three months rent in cash and intend to carry it around all weekend without spending any? How many separate ATM transactions was? What's your bank's daily withdrawal limit?

Really, you've been incredibly irresponsible with your child's home. Focus on the basics while you repair the relationship with the agency. An intercom is not an essential. If your kid is asleep, you simply manage without visitors.

Whaoooo....I don't think giving out like your his mother is anyway helpful.
The Guy is trying to put things right as well as trying to get some concerns dealt with at the same time.

Doom

Regardless of whether agency says it will not be repaired, its a building service and should be fully operational. Its a security issue therefore very important. ...

UserNo1

Mrs OBumble wrote: »

You acted irresponsibly by:

1) Not checking your bank account the day after the first rent payment was due to go out.
2) Not setting up the SO yourself (responsible people do not let someone else give instructions to their own bank!)
3) Not using the telephone to get the bank details and making the payment by phone or internet banking the day that the problem was notified to you.
4) Signing a document that you didn't get a copy of.
5) Keeping a large quantity of cash in your house over the weekend.


Maybe you cannot see how this situation looks from your landlords point of view.

However - based on the actions that the landlord has seen from you so far - you don't look like the sort of long term tenant who anyone will be wanting to help. Instead you look like a poor payer who might be about ready to do a runner, and who is using a relatively trivial maintenance issue as a smokescreen.

You've told us that's not the case. But words are cheap. You now need to prove yourself to your landlord through better actions.

tut tut

No Pants

Deleted User wrote: »

Sarcasm. Nice.

I don't feel that I kept the letting agent/landlord waiting for an inordinate amount of time for the rent after it had been brought to my attention that the SO had not gone through. The rent was paid today, I hold my hands up and say that yes, I should have ensured the money was leaving my account, but surely the letting agent is a little responsible too?

I had no reason to believe that the letting agent didn't set up my SO (as she had promised to do). I have never used letting agents before and have always dealt with landlords directly and previously set up everything myself. This time however, I had followed every direction that the letting agent had given, yet everything seems to have gone awry so perhaps I was being a little naieve. If you want something done properly etc etc.

The letting agent is now denying that I was ever told there was a working intercom and has reiterated that it will not be repaired.

And of course you didn't notice all the extra cash sitting in your bank account. I call horse****.

No Pants

No Pants wrote: »

And of course you didn't notice all the extra cash sitting in your bank account. I call horse****.

Call away but please try reading the post first. I have a seperate account in which my rent goes into to avoid the situation of dipping into my rent. I had no reason to check its balance. I honestly don't know why I would bother making up a story to put up on boards.ie!?

Anyway, thanks for your input.

No Pants

Deleted User wrote: »

I had no reason to check it's balance.

Yeah you did.

No Pants

No Pants wrote: »

Yeah you did.

Indeed I did. I meant to say, I "thought" I had no reason to. I have already mentioned that I take responsibility for that. In hindsight, I should have checked.

I was unaware that the letting agent didn't follow through on her promise of setting up the SO and believed her when she had told me that I had done everything that I needed to do.

Just an update; As I have said, I have paid the overdue rent in full and will set up a SO this week so this unfortunate episode does not happen again.

With regards to the intercom, I have asked that it be repaired within 14 days as I don't think it's unreasonable to have assumed that considering that the intercom is in the apartment, that it is in a functioning condition. I have also asked that in the interim, could I be supplied with an extra fob to be able to give it to any guest that I am expecting to call to avoid any situation in which I would of had to leave my daughter unattended (which wouldn't happen)

I don't think that this is unreasonable?

Del2005

Deleted User wrote: »

Just an update; As I have said, I have paid the overdue rent in full and will set up a SO this week so this unfortunate episode does not happen again.

With regards to the intercom, I have asked that it be repaired within 14 days as I don't think it's unreasonable to have assumed that considering that the intercom is in the apartment, that it is in a functioning condition. I have also asked that in the interim, could I be supplied with an extra fob to be able to give it to any guest that I am expecting to call to avoid any situation in which I would of had to leave my daughter unattended (which wouldn't happen)

I don't think that this is unreasonable?

The intercom shouldn't be repaired by your landlord that should be repaired by the Management Company as it's part of their building. Getting the LL to deal with the MC is the fun bit.

jil

Deleted User wrote: »

I was unaware that the letting agent didn't follow through on her promise of setting up the SO and believed her when she had told me that I had done everything that I needed to do.

It wasn't the EA fault. After EA sends your sign form for SO to the bank, the bank still needs your approval. Probably the letter from the bank went to your old address.

Gasherbraun

Del2005 wrote: »

The intercom shouldn't be repaired by your landlord that should be repaired by the Management Company as it's part of their building. Getting the LL to deal with the MC is the fun bit.

Agreed. Can be particularly difficult if there are a lot of unpaid management fees on the development as a whole or worse if your own landlord is in arrears with management fees.

As regards the rent if I was the landlord, and paying an agent to manage, I would be seriously questioning how they missed rent not being paid. This is pretty much the most important funtion of an agent and no matter what the op did, or did not do, the agent should have spotted the rent was not being paid and contacted the tenant much sooner.

No Pants

Deleted User wrote: »

Just an update; As I have said, I have paid the overdue rent in full and will set up a SO this week so this unfortunate episode does not happen again.

There's nothing more to be done on that then. Make sure you have a receipt of some sort, follow up with the agency to make sure there isn't a mix-up of any kind and you're done. Next: the intercom.