HaydnH Posted December 18, 2015 Share Posted December 18, 2015 Hi All, I'm looking for some advice which I'll probably ignore and get professional advice anyway... but thought I'd vent on here for my own sanity! I've recently moved in with the other half so have a flat that I own and want to rent out. Initially when I bough the flat (back in 2007) one of the internal doors had a cat flap cut in it so I replaced it myself, swapping from brass to silver hinges in the process. Unfortunately I never quite got around to changing all the other hinges so among other things the flat needed some work doing. The list of work also included: - Hinges as above - new washing machine/dishwasher. - sanding+oiling a wood floor. - fixing a rotten skirting board under the shower (which turned in to a replacement wall, tiling the shower cubicle, new taps, tray and skirting board). - gas safety certificate (which turned in to 2 inspection hatches for the flu and about £800 in replacement parts for the boiler). - C02 alarm - new carpet in bedroom plus new threshold between carpet and wooden floor in hallway As I'm fairly busy, I decided to ask an estate agent if they'd be interested in organsing the above work with their management team and then renting the flat out when done, this was back in late September (!!!), a quote was given and the work started. Most of the work has been done to a good standard, apart from: - after replacing the hinges the doors wouldn't close! - the threshold now won't fit due to the door not being square - the new carpet had a "bump" in it due to bad fitting - the c02 alarm was never delivered. I've given them 3-4 attempts to come back in and sort the issues, on the second attempt they managed to damage my door frames (which have now been touched up, ish) and the last being at the beginning of December when I was away for a week when I stated I was away and wanted it finally sorted when I got back or I'd be finding a new estate agent. On my return, nothing had been fixed so I collected the keys and walked away. I've now gone to a new estate agent who have recitifed the doors and C02 alarm, I'll live with the carpet/threshold issue unfortunately. They've also found me a new tenant after 9 days who will move in tomorrow. Anyway, I paid for most of the work above, but held back the money for the doors after seeing the first attempt until it was put right. Regardless, the contractor is now pursuing the rest of the money even though I had to get someone else to complete the work and the first estate agent are saying that as I'm now not using them they're walking away and putting the contractor, who they hired, directly in touch with me. I never signed anything with them, but surely they're the company I hired regardless of if they contract it out? On top of the above, I've now had to get someone in today to do another gas safety certificate as the contractor is witholding it until the above is paid (even though I've paid for the certificate and been asking for over a week!). I've also missed out on 4-6 weeks rent and I've had to pay an extra month's council tax! Any thoughts? Personally I'm out of pocket but just want to move on... if the contractor really wants to go to small claims court I'd happily ask for the money I believe I'm owed. Haydn. Quote Link to comment Share on other sites More sharing options...
MJC Posted December 18, 2015 Share Posted December 18, 2015 Having previously worked in the estate agency sector- I would say that the agency has no right in putting the contractor in direct contact with you as it was they who instructed the contractor. Your contract is with the estate agents- a contract which you have (on the face of it) cancelled due to lack of performance. I would advise you to submit a claim (against the estate agent) in the small claims court to cover the loss of rent, council tax and any other costs which you have unfairly had to cover. As the estate agent will usually receive between 10-20% of any works they award to their 'chosen' contractors, they are personally liable to ensure that contact worked are carried out to the agreed standard and within the agreed time. They cannot simply chose to duck out of their obligations because they have failed to perform. The court will find in your favour on both counts. 1 Quote Link to comment Share on other sites More sharing options...
Ekona Posted December 18, 2015 Share Posted December 18, 2015 Agreed. I would send the estate agents a very short letter stating what you asked for, what was delivered and what you've had to get remedied yourself. Point out what you owe, point out what you've had to spend, and then point out that miraculously both sums cancel each other out (even if they don't, make them by reducing the costs on your side). Remind them that you have no contract with the contractor, and if the contractor feels they do then ask them to supply a signed copy of it. Clearly they can't, so I'd ignore it. You may be out of pocket, but I'd use common sense and walk away at this point. Also, don't forget to get a legionella risk assessment done for the property if you're renting it out, a lot of people forget about this. Apologies if you're aware and have already sorted it. Quote Link to comment Share on other sites More sharing options...
HaydnH Posted December 18, 2015 Author Share Posted December 18, 2015 Also, don't forget to get a legionella risk assessment done for the property if you're renting it out, a lot of people forget about this. Apologies if you're aware and have already sorted it. Actually, the landlord can do that themselves. As most of the boiler is new and the system has been thoroughly drained recently the risk is pretty minimal. See the "Who can assess the risk?" section of the below, or all of it if you want more info: http://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm http://www.hse.gov.uk/myth/myth-busting/2015/case357-consultants-letting-agents-exposure-to-legionella.htm Quote Link to comment Share on other sites More sharing options...
Ekona Posted December 18, 2015 Share Posted December 18, 2015 Oh absolutely, just making sure you'd got it covered off Quote Link to comment Share on other sites More sharing options...
ioneabee Posted December 18, 2015 Share Posted December 18, 2015 all the above - your contract is with the estate agent - not the builder Quote Link to comment Share on other sites More sharing options...
HaydnH Posted December 18, 2015 Author Share Posted December 18, 2015 Even though I haven't signed anything, I'm fairly certain that the act of requesting a quote, receiving the quote and accepting it form an automatic contract. I'm also fairly certain that "satisfactory quality" is an automatic inclusion in any contract regarding sales of goods/supply of services. That contract would certainly be with the estate agent who in turn would have a pretty similar contract with the contractor doing the work regardless of if they signed anything or not between themselves. Quote Link to comment Share on other sites More sharing options...
GreenLandy Posted December 21, 2015 Share Posted December 21, 2015 A contract doesn't have to be written - it's just easier to prove and rely on if it is. Is there not some sort of data protection act breach if they've given a third party your details? Banding about court letters usually shuts people up though. And if it doesn't, as has been said, seems like you've got a good case Quote Link to comment Share on other sites More sharing options...
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