Letting agent carries out maintenance work without authority from Landlord

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Letting agent carries out maintenance work without authority from Landlord

    Hi,

    Can anyone tell me whether my letting agent should be carrying out
    maintenance work without getting the authority to go ahead from me (the Landlord)?

    Thanks

  • #2
    This may sound a silly question, but

    What was the contract agreement stipulations ?
    What did you agree when signing the contract.

    If you agreed that you must give the go ahead before
    anything is done, then they must seek your authorisation.

    If you employed the agent to look after the place on your behalf,
    then for agents to comply with the mountain of rules regulations
    and laws, then the agent has to fix what ever need to be fixed
    ot ensure YOU do not break any laws.

    You are ultimately responsible to obey these rules / laws, and the
    agent is obliged to ensure you do not.
    If the agent has to protect you, then they have to carry out
    repairs.

    However, they should keep you informed that the tenat has
    cmplained, and agent is going to do this or that toprotect you
    , theyshould always inform you.

    Relpy stating what the agreement was on repairs with the agents.

    Comment


    • #3
      As RaM says...

      He is of course referring to the contract (or terms & conditions) governing the relationship between landlord & agent, not to the tenancy agreement contract.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


      • #4
        RAM is spot on - it is all down to your written agreement with the agent, even if your agent has permission to carry out repairs either unlimited or to certain monetary value it would be good practice and customer service to keep you informed throughout the process.

        Comment


        • #5
          Most agency agrements stipulate an amount that the agent can spend on maintainance/repairs above which they must obtain your authority. If they are going to phone you every time a hinge needs oiling then you may as well be managing the process yourself.

          However, if they have authorised works outside of their remit then AFAIK you have no obligation to pay (if payment due to agent) as they are unauthorised (unsolicited) works. If the tradesman forces you to pay direct then you could presumably pursue the agent for this consequential loss.

          Comment


          • #6
            Hi. Please check your contract with the agent and see what it says.

            Two things to watch out for. Is the LA charging you a mark up or arrangement fee on top of the tradesmen' costs. This is fine if you are aware and happy with it.

            Secondly, are you sure the repairs, etc, are always real. Not all LAs are nice unfortunately. You should think about checking the property personally or confirming problems with your tenants.

            Good luck.

            Comment

            Latest Activity

            Collapse

            • Help with this agent
              robbie31
              My wife and I are expats who have been renting our property through an agent for 5 years. We currently own a four bedroom property (for bedrooms including a loft extensions) In October 2016, the previous tenants move out and the current occupants moved in. We were sent the documents with a recommendation...
              13-07-2017, 12:03 PM
            • Reply to Help with this agent
              tatemono
              You paid 10% of what on top of a management fee?

              What does your contract say about this? If the contract makes no mention of a "get out" fee then it will cost you nothing to dispense with their services.

              Is there a notice period for cancelling the contract with the...
              16-07-2017, 09:29 AM
            • Reply to Help with this agent
              MrShed
              That would depend wholly on the terms of your contract with the agent. There's no "standard" procedure I'm afraid....
              16-07-2017, 06:19 AM
            • Reply to Help with this agent
              robbie31
              Good afternoon

              Thank you for your excellent advice. I meant about compensating the agent. This is the question in a better way. At the beginning of the tenancy we paid 10% for a finders fee / advertising / searches etc as well as a management fee taken from the rent. If we decide to cancel...
              16-07-2017, 03:26 AM
            • Reply to Help with this agent
              MrShed
              Sorry not sure your question makes a lot of sense. Why would you have to compensate tenants for you changing agent? Apologies if I am misreading this?
              15-07-2017, 16:49 PM
            • Reply to Help with this agent
              robbie31
              If we were to change the agent (the contract end on the 28th August) would be be tied and have to compensate the tenants until that date?...
              15-07-2017, 07:30 AM
            • Reply to Help with this agent
              robbie31
              Point made Mr Shed. Thanks for the upfront advice....
              15-07-2017, 07:05 AM
            • Reply to Help with this agent
              MrShed
              A few things here:

              1) you explicitly said above the issue was distance. You can understand why I thought therefore the issue was distance.
              2) the average compensation of the ombudsman is completely irrelevant. What matters is your specific case which could be over or under the average....
              15-07-2017, 06:31 AM
            • Reply to Help with this agent
              robbie31
              The issue is not really about distance. We are in a dilemma. My wife seems to think that if we make a complaint the agent can cancel our contract. This would mean finding a new agent and paying fees etc. Monies we do not have. We have spoken to the Ombudsman who informed us that we should have been...
              14-07-2017, 23:58 PM
            • Reply to Help with this agent
              MrShed
              I dont understand why distance makes an issue with you raising the behaviour of the agent with their professional body?
              14-07-2017, 15:58 PM
            Working...
            X