liability for call out charge when tenant doesn't allow contractor access

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    liability for call out charge when tenant doesn't allow contractor access

    I would appreciate any advice you could give on the following.

    The background is I signed a contract to lease my property to a management company (so that in effect they became my tenant); they then have a contract with the local authority who house their tenants (so I do not have a contract with the actual tenant). This is similar to the guaranteed rent private sector leasing schemes that some Housing Associations offer. Another landlord recommended this option to me as I am not an experienced landlord (I have had to rent out my property due to redundancy). I now know that there are often problems with these schemes and unfortunately that has been my experience.

    The most recent problem is that I booked a contractor to attend for a maintenance issue; the tenant had agreed to the arrangement but when the contractor arrived the tenant would not let him in. A second contractor was due the same day so I had to cancel that one too. I then rebooked one of the contractors for a day the management company agreed with the tenant; however, when the management company called to confirm the tenant did not answer the phone or call back. This went on for several days and as I did not get confirmation I then had to cancel that appointment (to avoid a call out charge).

    The management company is now asking me to rebook but as a result of all of this (and other incidents) I have said that if I make another appointment that the tenant agrees to (but then does not allow access to the contractor) then I want the management company to reimburse me for any call out charges that I incur (and they can then recover the cost from the tenant). The management company is saying they won't do this and that I should bill the tenant directly; but my contract is with the management company not the tenant so I think it would be almost impossible for me to recover the cost from the tenant.

    I don't think it's fair that I should have to risk paying call out charges (for a wasted visit) on a repeated basis because the tenant of the management company/local authority is unreliable. However, the management company are saying that they would not take responsibility and reimburse me directly; so I would appreciate any advice on how to proceed.

    Do I just have to risk booking another appointment (where the tenant may again deny access or be out) leaving me with another call out charge; or do I have a right to demand that the management company reimburse me if I do incur another call out charge for a wasted visit? There is nothing specific about this in the contract I signed; just that I am entitled to access for maintenance. However, I have been told that in similar Housing Association type arrangements the private landlord would be reimbursed by the Housing Association who would then recover their costs from the tenant.

    #2
    The occupant (who is tenant of whichever shower you've contracted with..) does not have to communicate with you.

    You need to read the terms of your contract with your tenant to see what you can or can't do.

    Surprised to hear of another landlord recommending such a deal: General view is keep well clear of them.

    Who supplied the contract terms between you & your tenant, please?

    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


      #3
      Originally posted by hi2000 View Post
      The background is I signed a contract to lease my property to a management company.. who then get involved with the local authority
      Per artful, why would anyone do this and then wonder about the bad consequences? Next time stick to the pop-up brothel market.



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        #4
        You're several levels away from the tenant, why on earth are you the one sorting out (I'm assuming) basic repairs, and not you know the occupant's landlord?
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

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          #5
          As KTC says. If you are the one contractually obliged to carry out repairs then theyve really stitched you up. I suggest you tell them that as you have no access to the property and the tenant has no relationship with you that you suggest the tenants landlord organise any repairs and then bill you as they are the only ones who could get a court injunction to allow access if it proves necessary. Make it clear though that they need to consult you at every stage

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            #6
            Originally posted by AndrewDod View Post

            Next time stick to the pop-up brothel market.
            That sounds potentially lucrative seeing how much is charged per hour.....;-)

            Comment

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