PDA

View Full Version : Landlord refuses to pay for 'sub standard' work



Shelley12
23-12-2011, 18:05 PM
Hi there.

Thanks in advance for any advice you can give me. I'm currently working on an assignment and I need some information:

The question is: According to your landlord, a maintenance contractor has completed certain works to a poor standard and refuses to pay for the work. What rights does your landlord have? How can you avoid this from happening in the future?

Any advice, information would be very gratefully appreciated, especially links to case law that could be applicable or websites I might find useful.

Many thanks in advance!

Shelley

Sad S
23-12-2011, 18:20 PM
You need to explain -

1. Who has asked the contractor to do the work, was it the tenant? was it the landlord's agent? was the landlord aware the work was required, and had he approved the contract?

2. Was there a written specification of the work to be carried out?

You can avoid this happening in future by specifiying the work to be done in writing, and only engaging contractors with good references, or those who are members of trade associations.

mind the gap
23-12-2011, 18:51 PM
The question appears to be worded from the perspective of a tenant ('your landlord', etc.), yet it is unclear why it is anything to do with the T. The LL is surely in the same position as any other customer(e.g. an owner occupier) who is being asked to pay for shoddy workmanship.

Unless it was the (theoretical) T who instructed the (theoretical) tradesperson?

Please clarify.

mariner
23-12-2011, 19:57 PM
Also if T did engage the shoddy workman, what was the precise nature of the repair carried out, repairing a broken window or broken furniture? Was repair to LL-owned property? Did T get LLs prior permission to undertake the repair? Did T use LL rec tradesman?

Like most exam questions, facts are in short-supply, unlike real life.
Shelley should cover various scenarios/reasons for a comprehensive response.

Shelley12
23-12-2011, 22:36 PM
Thank you for taking the time to reply, I am really grateful. I seem to have hit a brick wall with this one although I'm sure once I get going I should be fine.

I believe the question is worded as in 'your landlord' from the eyes of the agent - as the course is in residential management - so what can the agent do in this situation. Hope this clarifies.

Many thanks again.

Shelley

mariner
24-12-2011, 04:09 AM
In which case MA would review T&Cs of their management contract with LL
MA works for LL, as such MA should only prof, qualified tradesmen. as per LL liability. I would hope that LL could pursue either MA or tradesman for cost of remedial work. If MA were sued I would expect MA to sue tradesman
It all depends on what provable instruction was provided to tradesman/MA

mind the gap
24-12-2011, 08:52 AM
This is of course assuming it was the (theoretical) MA who instructed the tradesperson.

If so, then surely the answer in the first instance is that the MA contacts the tradesperson, kicks up a stink about the work (giving precise reasons as to why it is shoddy) and demands that it is re-done to a satisfactory standard or he (MA) will feel unable to use that contractor again for work on any of the properties he manages. If the tradesperson values his reputation, he will be round there like a dog out of a gate.