Is tenant your representative agent to builders

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    Is tenant your representative agent to builders

    Looking for some guidance on this issue please:

    Background: some workers put in new windows, workers cut the satellite dish cable by accident. They asked tenant if they should repair, tenant told the workers not to bother repairing.

    I'm asking for reduced invoice (by approx. £50) to cover cost of repair. Company claims tenant is 'de facto' agent and they are not responsible for the damages as result of tenant intervention.

    Is tenant a 'de facto' agent if landlord is not at property (tenant's only job was to provide access from my understanding), are they correct they they are not liable for the damages because tenant told them not to bother with the repair?

    Thanks in advance

    #2
    In my opinion, if the builders made a mistake they need to fix the issue, if they aren't paying for it to be fixed, then get them to come back and fix it at their expense.

    You should inform them that the T was only there to open the door not to supervise the works being carried out or to instruct or to authorise anything, they should have called you to get your answer since your the one paying for the works. If the cable feeds the T's property, and the builders refuse to fix the issue or offer a discount, then you can take them to court (small claims) or alternative let the T pay for it if they want a connection in the future, but don't fix it.

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      #3
      If someone tells you something is the law ask: What is your authority for that proposition?

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        #4
        Thanks for the responses, it's good to know I'm not being unreasonable. I am trying these avenues but they are holding tight and already threatening interest and a small claims. Yet strangely, their contract states payment is only due when the customer has signed off that they are satisfied with the work.

        I feel they are just trying to shift their responsibility to a third party. What would they have done if no one was there? Probably repaired it there and then.

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          #5
          Bear in mind windows fitters aren't going to fix it properly. I would recommend you get a quote from a local TV / Satellite installer to fix and request that fee be deducted from the invoice.

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            #6
            If the tenant doesn't need the cable repairing, don't repair it.
            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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              #7
              Originally posted by jpkeates View Post
              If the tenant doesn't need the cable repairing, don't repair it.
              +1

              Remove dish... what's the point of having it?
              When you get a new tenant, if they want SKY then isn't it a free install anyway?

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                #8
                Yes, but it's so much easier, quicker and safer if there's a dish, wiring and you the landlord are happy with where dish, socket and cables went. Do you really want some engineer deciding with tenant where dish, cabling & sockets go? Would any freeholder be happy??


                Plus tenants can watch/record hundreds of channels on a FreeSat box, no contract required, e.g
                https://www.amazon.co.uk/Freeview-Sa.../dp/B08VKTDHH1
                - less than £50.
                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...

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                  #9
                  theartfullodger,

                  Whilst I get your point and agree that the window fitters are responsible, currently the OP is stressing and wasting time over something that:

                  A. The current tenant does not want
                  B. Future tenants might/probably won't want
                  C. Does not improve his enjoyment of life either way.
                  D. Has no financial reward either way.

                  So we are talking small claims court and legal action to repair something that will not make the slightest bit of difference, regardless of outcome?? Sounds like a lot of hassle to me for a very small repair to a cable, which will be replaced F.O.C. along with dish upon new contract.

                  Get a quote for repair, speak to window company and negotiate a deal. 50/50 ? then don't bother with repair. Enjoy your time.

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                    #10
                    I can see the window company's point, to be honest (aside from the "de facto" agent nonsense.)
                    They were on site, offered to fix the damage and the tenant, who they could reasonably consider to be the person responsible for the cable, told them not to bother.
                    Repairing the cable now would be much more expensive than doing it when there were people at the premesis who could probably have just done the job in a few minutes.

                    How about, when the tenancy ends, charge the tenant for the damage, just like you would if a guest had broken a window.
                    The tenant is ultimately responsible for the cable not being repaired.
                    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).

                    Comment

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