Possible legal issue coming. Advice required.

[midlands based]

Over xmas i had a call from someone with no heating or hot water. It is somebody that i know but thats irrelevant. Anyway its a rental property and the customer had tried the proper route of calling the agent and the landlord but nobody was available due to it being xmas. So i went out and diagnosed the problem(diverter valve). I managed to sort one between xmas and new year and did the job. Today i have invoiced the agents letting them know what has been done but there attitude seems to be that i am not a registered contractor with them and no works were authorised by them so i can see it getting messy. Am i in the wrong for doing the job ? Where do i stand legally ? Thanks in advance.

 

[Ray Stafford]

You don't have a contract with the landlord or their agent, and you have no legal right to expect them to pay you anything. They may do, either out of goodwill or in order to protect their relationship with their tenant.

You may have a contract with the tenant - it depends on what was said when you agreed to do the work.

Normally, agents have an emergency service for dealing with out of hours emergencies.

 

[MickBrown]

Do not know what the legal issues would be but I would say the tenant is responsible to pay and then they claim it back from the landlord. In an emergency situation if they are unable to contact anybody then it is perfectly reasonable for them to get somebody to do the job and then claim it back from the landlord. I had the same situation when somebody had water coming through the ceiling through the light fitting. They could not get in touch with the agent and called me, they asked for the bill to be sent to the agents but I told them they would be responsible if he agents would not pay, they agreed to this. However the agents paid without a problem.

 

[DaveTidy]

If the tenant asked you to carry out the work then they are liable first off for payment.

At all times the managing agent / Landlord must be given an opportunity to ok the contractor and most importantly any associated costs.

The original agreement between tenant and managing agent / landlord should be followed so that would be your first port of call.

In all the companies I have worked for, contracted for etc if the tenant calls you out, they are liable for all costs unless the Landlord agrees with them or there is a 3rd party insurance policy covering it e.g. BG 3*.

It's reasonable to think they would pay fair costs, but they don't always even when they are not contactable.

Good luck but I'd say the bill lies with your tenant and they should reclaim it from the Landlord, not really your issue.

 

[midlands based]

I can go down the route of billing customer and them passing my invoice on to the agent. Just thought it would be easier to sort direct. I cant see how not having an 'agreement' can be an issue when they were unavailable to agree anything and offer no emergency contact.

 

[Ray Stafford]

I cant see how not having an 'agreement' can be an issue when they were unavailable to agree anything and offer no emergency contact.

But thats a contractual issue between landlord and tenant. Nothing to do with you.

 

[ADM360]

I would go back to you customer, explain the situation and ask them to speak to the agents about the matter.
As said earlier it was the tenant that contacted you and agreed with you to go ahead with the works, so any contract is with the tenant unfortunately, and pursuing, putting pressure on the agent could make things worse!
hope you get it sorted

 

[Reg Man]

Agree with Ray. Your contract is with the tenant, so if you want payment then invoice them. The tenant may have recourse with the landlord, as he has a contract of tenancy, which includes tenants rights for the landlord to ensure hot water is provided to the property. The tenant must give the landlord reasonable time to get the repairs rectified. As for what is reasonable may end up being decided under litigation, but hopefully no one wants it to go so far. Lets hope the Landlord comes to some sensible compromise.

 

[snowhead]

As above it's the Tennant that's liable for your costs.

The weak point is the "sorted one out between Xmas and New Year"
Did the Tennant try the Agent at that time?

The agent will say if they were contacted they would have sent their engineer, but should still re-emburse the Tennant.

 

[Bunker]

As above. Ive had the same a few times but always telling the tennant that they will need to pay me.

 

[rocketmanbkk]

Tenant should pay and as the work was necessary it would be pretty tough of the agent/landlord not to reimburse them.

Tenant needs to pay you not the agent.

 

[SimonG]

Will the 7 day selling rules come in?

What you need is a self carboning work sheet, get the tenant to sign it and make sure that it says somewhere that they will pay if landlord refuses.

 

[rocketmanbkk]

If the landlord won't reimburse the tenant for necessary and essential work over Christmas then they're pretty heartless.

What we don't know is has the tenant paid rent on time, kept the property in decent condition etc.

If they have a good tenant/landlord relationship all should be ok.

You could advise the tenant to deduct the cost from their next rental payment and then it's the tenant/agent/landlord battle and you're not involved.

Have you asked the tenant for payment?

 

[Ray Stafford]

You could advise the tenant to deduct the cost from their next rental payment and then it's the tenant/agent/landlord battle and you're not involved.

I would be careful giving such advice. Some leases prohibit "offsetting", and it is for the tenant to manage their relationship with their landlord.

 

[rocketmanbkk]

Agreed Ray but usually on an assured short hold lease unless it's written in then it never used to be a standard clause.

As we've said, the tenant needs to pay for the work.