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Apr, 2014

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  1. #1

    Default Letting agent carries out maintenance work without authority from Landlord

    Hi,

    Can anyone tell me whether my letting agent should be carrying out
    maintenance work without getting the authority to go ahead from me (the Landlord)?

    Thanks

  2. #2
    Join Date
    Jun 2008
    Location
    oop north
    Posts
    4,361

    Default

    This may sound a silly question, but

    What was the contract agreement stipulations ?
    What did you agree when signing the contract.

    If you agreed that you must give the go ahead before
    anything is done, then they must seek your authorisation.

    If you employed the agent to look after the place on your behalf,
    then for agents to comply with the mountain of rules regulations
    and laws, then the agent has to fix what ever need to be fixed
    ot ensure YOU do not break any laws.

    You are ultimately responsible to obey these rules / laws, and the
    agent is obliged to ensure you do not.
    If the agent has to protect you, then they have to carry out
    repairs.

    However, they should keep you informed that the tenat has
    cmplained, and agent is going to do this or that toprotect you
    , theyshould always inform you.

    Relpy stating what the agreement was on repairs with the agents.

  3. #3
    Join Date
    Mar 2009
    Posts
    7,674

    Default

    As RaM says...

    He is of course referring to the contract (or terms & conditions) governing the relationship between landlord & agent, not to the tenancy agreement contract.
    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...

  4. #4
    Join Date
    Feb 2013
    Location
    Northumberland, County Durham & Yorkshire
    Posts
    3

    Default

    RAM is spot on - it is all down to your written agreement with the agent, even if your agent has permission to carry out repairs either unlimited or to certain monetary value it would be good practice and customer service to keep you informed throughout the process.

  5. #5
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,864

    Default

    Most agency agrements stipulate an amount that the agent can spend on maintainance/repairs above which they must obtain your authority. If they are going to phone you every time a hinge needs oiling then you may as well be managing the process yourself.

    However, if they have authorised works outside of their remit then AFAIK you have no obligation to pay (if payment due to agent) as they are unauthorised (unsolicited) works. If the tradesman forces you to pay direct then you could presumably pursue the agent for this consequential loss.

  6. #6

    Default

    Hi. Please check your contract with the agent and see what it says.

    Two things to watch out for. Is the LA charging you a mark up or arrangement fee on top of the tradesmen' costs. This is fine if you are aware and happy with it.

    Secondly, are you sure the repairs, etc, are always real. Not all LAs are nice unfortunately. You should think about checking the property personally or confirming problems with your tenants.

    Good luck.

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