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In desperate need of advice please!!

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  • In desperate need of advice please!!

    I own a property which is rented out and managed by a local estate agents. When the previous tenents left the agents did an inspection of the house and found damp patches on the walls only in the living room and kitchen. It was arranged for them to get a firm who has contract with them price up the job and email me the quote. The quote was for damp proofing on all the visible damp downstairs in inside the property and to re-decorate afterwards. I agreed on there price of £1000 + vat and confirmed once again that was for the visible damp downstairs.

    A month later they send me a breakdown of costs which said the agreed work had been done. I went to the house later that day to see the results only to find the damp patch was still in the kitchen and had just been painted over. I phoned the estate agents to find out what was going on, spoke to the manager who told me the quote i was given was for the damp proof course in the living room and hall but did not include the kitchen.

    I would like to know how you can recieve a quote for a certain amount which clearly says its for damp proofing on visible damp downstairs ( unless im wrong this should include the kitchen as it is also downstairs) to find they have done work in the hall where there were no signs of any damp at all. They have told meit will cost £350 to complete the work in the kitchen ontop of the £1000 i originally said i would pay. How can they possibly think i would pay to have a wall painted before the repairs were done and the again afterwards. Surely it must be obvious i was expecting the work to be done first.

    Before i discovered the problems i have arranged to keep the rent from the tenants every month until the balance was cleared. Can i refuse to pay for the work the i did not asked to be done in the hall and also the second lot of decorating in the kitchen. If they there not happy that i dont pay more money for there mistakes can she with hold the rent against my wishes.

    I guess i need someone to reassure me that there in the wrong and this is not my fault. Every time i speak to them there adiment that this is my mistake.
    Any advice or opinions on the matter will be very much appriciated as im running out of ideas.
    Many thanks
    Tags: None

  • #2
    Re: In desperate need of advice please!!

    Can you tell me exactly what the email quote said. If it was vague such as "all visable damp downstairs" that could be open to interpretation as to what areas would be treated and how. But was the emailed quote from the actual contractor or the letting agent because this will make all the difference as to whom you actually entered into a contract with to carry out the work. In damp proof situations the work should only be carried out by a member of the PCA and backed by a minimum of a 10 year warranty http://www.property-care.org/

    The agent has no lawful right to withhold the rent from your tenants while this issue is being sorted even if you thought this was a convenient option. The rent must be paid to you and any work/maintenance on the property must be properly invoiced to you and paid by you otherwise this will play havoc with your tax situation.
    Last edited by PlanB; 16th February 2013, 20:25:PM. Reason: typos :(

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    • #3
      Re: In desperate need of advice please!!

      I would ask was the work quoted or estimated ths makes a difference and was the quote/estimate in the name of the OP or the letting agent?

      Comment


      • #4
        Re: In desperate need of advice please!!

        You do not have to pay for work you haven't commissioned nor do you have to pay for commissioned work that is substandard. It's helpful, though, to have a paper trail to prove your position.

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        • #5
          Re: In desperate need of advice please!!

          If you could post a redacted copy of the emailed quotation - I'm assuming that is what it was, not an estimate, as you say it was a quotation - that would be really useful. As Plan B says, if it is very vague, IMO you're going to fighting very much an uphill struggle.

          Post it up and let's have a look at what it actually says.

          Comment


          • #6
            Re: In desperate need of advice please!!

            Check whether your letting agent is a member of The Property Ombudsman scheme (it's compulsory in most cases) and if you can't sort this problem out swifty and amicably between yourselves you can refer it as a formal complaint to the TPO for a Decision which the agent is bound by. This is how it works:

            http://www.tpos.co.uk/make_complaint_rents.htm

            Comment

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