Letting agent ‘decorated’ my flat without consulting me

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    #16
    Originally posted by Malgovert View Post
    Is the contract not legally binding? Surely if one party or the other is in breach of contract it can be pursued - if only as a last resort - through the courts? Or - conversely - can I put myself in breach of contract and be assured that there is no possibility of legal action against me?
    A contract is legally binding (provided it's not invalid in some way, which is unlikely to be the case here).

    But breaching a contract isn't illegal.
    It simply puts the other party in the position of being able to either claim compensation or to ask a court to compel performance.

    In this case, your agent has not complied with the terms of the agreement and is (presumably) in breach.
    You would be entitled to compensation for any loss arising as compelling the agent to comply is not a possibility

    You've incurred a cost of £1100 and gained a newly decorated something, which would presumably have been necessary at some point.
    So the loss is probably somewhere below £1100, and should certainly include anything the agent earned as a consequence of their breach.

    If you breach the contract in some way, the agent would be entitled to ask for compensation or to compel performance in the same basic manner.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #17
      Can we have confirmation that there is no provision in the agency agreement to the effect that the agent is authorised to do whatever is required to comply with the landlord's obligatons?

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        #18
        Well would you believe it, it seems it was all a simple mistake. This turns out to be the last stage of a previous job agreed with the building management to be funded by the buildings insurance, and which had been erroneously charged to me during my usual property manager’s absence. The money will be refunded.

        so here’s a question- this means the other work is still to be done, and I have a contractor who has been in touch with the tenant and is ready to do the job during normal working hours, which to me seems reasonable. If the tenant is not happy with this and wants the work done outside normal working hours or at the weekend, is he / she in a position to insist that I get my guy to agree to do it, or find someone who will do it, or pass it over to the agent to take care of it? Or, since my guy’s proposal is not unreasonable, am I in a position to say that I am providing someone who can do the job on reasonable terms, and that if the tenant wants the work done he / she will have to make themselves available? Thanks.

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          #19
          The tenant can't insist on the work being done outside normal hours.
          You can't make the tenant make themselves available, either.

          So a compromise is required.
          You can offer to attend in the tenant's absence (or for your agent to do that for you, assuming they will).
          Or you can wait until the tenant can be available.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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            #20
            The tenant only has to make the property available, not themselves.

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              #21
              Thanks very much! I am on good terms with the tenant so will make contact to discuss.

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