Hi everyone,

Looking for a bit of advice on how to respond to an email from my estate agents after they recently inspected my flat.

I live in a 3 bedroom flat but there's just me and my housemate that actually live there, we had a third guy who lived there over 6 months ago but when he moved out myself and the remaining housemate let our estate agents know and we got a new tenancy agreement with just our two names on it. The rent is quite expensive, paying for a three bedroom flat between the two of us but we can afford it and we love the flat and the area where we are.

So just before Christmas they wrote to us to give us notice that they were coming round to inspect the place, they stated a day that was not convenient for us as we were both at work but they said they did not need us there as they have a key and it was just an inspection. In the past when they have inspected it was literally a quick look in every room, asked if there were any problems and they left so I was happy for them to look around without us there.

So the unoccupied room we have been using as a wardrobe, been storing lots of stuff in and on the odd occasion I would sleep in it as my bedroom faces the back of the flat and there can be a lot of traffic noise that sometimes keeps me awake, just before the inspection I was sleeping in this room for a few days beforehand.

Yesterday we both received an email from the estate agents that said:

"Following on from our recent inspection there was photographic evidence of a third person living in the property (post, and bedroom being used).

Please note I must stress that if there is a third person living there they must be referenced immediately as it is against the law.

I look forward to your response. "

So I'm annoyed, we don't have a third person living there, they have taken photos of our flat that I'm not happy about. Evidence of post? There is still a lot of mail that comes to our flat for the housemate that moved out months ago and stuff still comes in for the people that lived there before us! We keep all this on a table in a pile near our front door meaning to take it to the Post Office to, so have the estate agents inspector been snooping through the mail while they have been inspecting our flat!

We always pay our rent on time and have been very tolerant whenever we report to them on stuff that is wrong (we have tiles coming off the bathroom wall, damp behind them, which I've told them about numerous times and nothing has been done about it, also we have been promised safety railings on our balcony since I've moved in and they still have not been installed as well as a few other little things)

Can you advise on how I should reply to this email? I want to let them know that I am annoyed that they have assumed this, also that they have been looking through the pile of letters on our table and also that there was no mention after their inspection of an update on the repairs etc that need completed to our flat.

Thanks.

Phone them up and talk and explain to them what you have been using the 3rd bedroom for that is why the bedroom looks like someone else is living there

There is no need either for concern or annoyance on your part. The agents are just doing their jobs on behalf of the landlord, and the third bedroom and post situation is easily explained.

Unless you have a secure tenancy, I'd advise you to tread very carefully. Hacking off the managing agent, no matter how justified your case, is a great way to get served notice to quit.

I would send them a very polite reply, explaining pretty much what you've told us here:

a) that the third bedroom is used for storage
b) that you occasionally spend a night or two in there when the traffic noise disturbs your sleep
c) why you're getting post for people who don't live there
d) that only the 2 people named on the agreement live there

I'd also add that it was unfortunate that you were unable to be present for the inspection, or you could have clarified these matters at the time.

I feel your pain though. They are bang out of order looking through post and stuff, that is a real invasion of privacy. Sadly, the law is stacked against tenants and all the while that tenancies can be ended or not renewed for no reason whatsoever, challenging any wrongdoing on the part of landlords/agents generally ends up in tenants having to move.

Mr Lakie's last landlord was a complete shit. He would go in tenants' flats when they were out and snoop around, then gossip about them to other tenants (he had 15 flats and a house on one site, plus 2 other large properties that had several tenants). He had an obsession about parking and would dictate to tenants not only where they could park in the car park, but where they should park on the road. Tenants weren't allowed to change their energy supplier, and the whole billing arrangement was a shambles because British Gas had the wrong meter numbers attributed to the flats.

He proudly told Mr Lakie that one tenant wasn't getting her tenancy renewed because she had a black boyfriend and he didn't want "her sort" in his property. Another tenant was told his tenancy wasn't being renewed "now that he was on benefits" - he was still working, but claimed DLA. And he wouldn't do repairs, deal with pigeon infestation or replace fitted equipment promptly.

I wish I could say he was exceptionally bad, but I hear worse from my clients several times a year.