Responsibilty of letting agent for work carried out by their approved contractor

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

    Responsibilty of letting agent for work carried out by their approved contractor

    If a property is rented by an agent who has been given full management rights does the contract with a landlord usually exclude responsibility for the badly completed repair or renovation works from a contractor recommended or instructed by the managing agent?

    Is that responsibility affected by whether or not the managing agent is in receipt of commission from the contractor based on the cost of the work?

    Would it be correct for a tenant to initiate a claim against the Managing Agent rather than the landlord?

    Would a landlord have to initiate action directly against the contractor who may or may not be an "man of straw"

    Would legal proceedings result in consideration of the fairness or otherwise of the contract arrangements that may, or may not, be taken into account by regulatory organisations?
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    #2
    It is for LL to dispute standard of work with LA, not the T.
    If work unsatisfactory, complain to LL.

    Comment


      #3
      Originally posted by Worldlife View Post
      If a property is rented by an agent who has been given full management rights does the contract with a landlord usually exclude responsibility for the badly completed repair or renovation works from a contractor recommended or instructed by the managing agent?
      More questions than answers here. Legally the position would differ between recommended and instructed. Of core importance is who the contractor contracts to - ie is it yhe agent or the landlord.

      'badly completed repair ' can mean a lot of things. Does the repair fundamentally and objectively not achieve what the basic requirement was ?

      ​​​​​​
      ​​​

      Is that responsibility affected by whether or not the managing agent is in receipt of commission from the contractor based on the cost of the work?
      I would say not. It's more affected by the above point.


      ​​​
      Would it be correct for a tenant to initiate a claim against the Managing Agent rather than the landlord?
      No


      Would a landlord have to initiate action directly against the contractor who may or may not be an "man of straw"
      All depends on the first point above.
      ​​​​​
      Would legal proceedings result in consideration of the fairness or otherwise of the contract arrangements that may, or may not, be taken into account by regulatory organisations?
      not sure but I wouldn't have thought so. A landlord is operating a business so the contract is excluded from a lot of these regs.

      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

      Comment


        #4
        Thanks Mr Shed, Returning here after a long break and great to see you are still around and writing helpful answers.

        As family not interested to learn property management so decided I would have an easier life and pay agents fees full management fees.

        Property been vacant for six months largely as a result of landlords maintenance contractor refurbishing bathroom and failing to follow our instructions and apply epoxy or similar sealant to floor of bathroom and utility room as they were of different surfaces.

        Only found the sealant had not been applied after flooring contractors laid self levelling screed before fitting vinyl floor.

        Damp stains appeared in screed and it was established contractor had not followed instructions. Lots of dithering in getting contractor to finish job properly and discussion if screed must come up or sealant could be applied over it.

        Eventually fired this agent but jumped from frying pan into the fire. A set of keys went missing and each agent blamed the other. There seemed to be no record or receipts for when keys were collected or returned.

        Kitchen to be refurbished and all going well to complete in about a month. The proposed builder would be a nightmare to a woman living on her own. Fortunately from my professional experience and knowledge of the property I knew it was nonsense to suggest there was any serious movement of an Edwardian floor that would require investigation (charge to be made) and the repair works could be costly.

        Distrust resulted in the sacking of this Agent B recommending a Project Manager relying on what might be scam work - especially as agent would be receiving commission.

        Final agent (not a member of ARLA or TPOS) came up trumps and completed all work in six weeks and over the Christmas period too.
        In addition to the loss of six months rent we also had to pay Council tax and standing charges for water, electric and gas.
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

        Comment

        Latest Activity

        Collapse

        Working...
        X