Issue with Contractor Work arranged by Letting Agency

[mrblast]

I currently let a house through the biggest national letting agents in the UK and have done so for the past four years. Recently they contacted me to inform me that there was a problem with the roof and they had received some quotes on the cost of repairing it. The quotes seemed very high so I informed them I would look into sourcing someone myself. I didn't get very far with this (I live and work abroad) but anyway, the LA then came back with a more reasonable quote from another company. I said it was ok to proceed and I transferred half the total cost to the LA (GBP 1400) - normally the LA would just deduct the costs from future rent but because it was almost GBP 3000, they asked if I would pay half upfront.

Now, I have just been informed by the LA today that the contractor they made the agreement with has been incredibly unreliable and performed a very poor job. He is also not answering their calls.

The LA have now come back to me with another quote (GBP 3500) to finish the work from another contractor and have asked me to pay this in addittion to the money already paid! They are saying that ultimately the responsibility lies with me because I instructed the LA to use this particular contractor. This is only half true , I confirmed that it was ok to proceed with the contractor after the LA had sourced them and sent me the quote.

What are my rights here? Surely the LA should only be using pre-approved contractors? If so, surely they can reclaim the GBP 1400? If not, is there any way I can claim this back from the LA? I personally had no contract with the contractor yet I am being penalised for the appalling work by a contractor they proposed.

I am currently trying to access my contract but it is back in the UK and I wont be back in the UK until Xmas.

Many thanks in advance for any assistance!

B

[Paul_f]

I currently let a house through the biggest national letting agents in the UK and have done so for the past four years. Recently they contacted me to inform me that there was a problem with the roof and they had received some quotes on the cost of repairing it. The quotes seemed very high so I informed them I would look into sourcing someone myself. I didn't get very far with this (I live and work abroad) but anyway, the LA then came back with a more reasonable quote from another company. I said it was ok to proceed and I transferred half the total cost to the LA (GBP 1400) - normally the LA would just deduct the costs from future rent but because it was almost GBP 3000, they asked if I would pay half upfront.

Now, I have just been informed by the LA today that the contractor they made the agreement with has been incredibly unreliable and performed a very poor job. He is also not answering their calls.

The LA have now come back to me with another quote (GBP 3500) to finish the work from another contractor and have asked me to pay this in addittion to the money already paid! They are saying that ultimately the responsibility lies with me because I instructed the LA to use this particular contractor. This is only half true , I confirmed that it was ok to proceed with the contractor after the LA had sourced them and sent me the quote.

What are my rights here? Surely the LA should only be using pre-approved contractors? If so, surely they can reclaim the GBP 1400? If not, is there any way I can claim this back from the LA? I personally had no contract with the contractor yet I am being penalised for the appalling work by a contractor they proposed.

I am currently trying to access my contract but it is back in the UK and I wont be back in the UK until Xmas.

Many thanks in advance for any assistance!

BYou could ask the agent to provide you with references they took up on the contractor as they have a duty of care to make sure they have sourced a reliable company, and that they are qualified to do the job. You are however ultimately responsible if you instructed the agent to go ahead.

One point though is that if the contractor invoiced the agent directly rather than you then the agent is liable for payment and would have to recover funds from yourself. Keep this under you hat for the moment, and see what negotiation you can do.

[mrblast]

You could ask the agent to provide you with references they took up on the contractor as they have a duty of care to make sure they have sourced a reliable company, and that they are qualified to do the job. You are however ultimately responsible if you instructed the agent to go ahead.

One point though is that if the contractor invoiced the agent directly rather than you then the agent is liable for payment and would have to recover funds from yourself. Keep this under you hat for the moment, and see what negotiation you can do.

Thanks for the info. If the LA cannot provide references or evidence they have made an effort to source a qualified company, from a legal point is it their responsibility to cover the costs?

The contractor did indeed invoice the LA directly although I transferred GBP 1400 to the LA to cover costs and the LA has been withholding rental from me to recover the remainder. What's to stop the LA just withholding all rental until the full GBP 2800 has been covered?

Thanks again

[Springfields]

Your agent should be telling you what they have done to recover the money spent on this bodge job. Have they contacted trading standards? Have they provided you with a copy invoice? Have you attempted to call the contractors direct.

If they have not chosen a contractor who is approved/insuranced back, then you may be able to make a claim against them, via court action. They may have obtained references, but whose to say they weren't arranged by contractor in the first place, or provided by a family member.

It was reccommended to us that we took out an insurance policy (from an independant source) exactly for this purpose, so I assume that although we have never had to call on upon it, there have been successful claims against agents in the past.

[property mongrel]

Did the LA make a mark up on the costs to cover their "admin role"?

Would this change who is responsible in the event of defective or substandard workmanship?

pm

[mrblast]

Thanks again for all the advice.

I've contacted the the couple living in the house directly and they have given me a full report on what has happened and it is quite different to what I have been told. It actually sounds like the LA are changing the quotes that have been issued in a bid to overcharge me....!

Can anyone recommend a good solicitor who specialises in this type of case?

Thanks,

MrB

[Poppy35]

One would also question why your LA paid the contractor (even partially) for a poor job done?