UK Landlord Forum / Life

Hello...

I have a small property and use an agent to fully manage it.

Problem

June 2017 Agent reported the mixer tap in on the shower in the bathroom was leaking...
July 2017 Agent asked if they should send someone to look at it or would I use my own plumber
July 2017 I told Agent to send their guy
July 2017 Agent withheld £75 to pay for the job
Aug 2017 I forgot all about it... and assumed it was being or had been fixed

Fast forward to March 2018 and I am now being asked for £850 to replace the shower which is beyond repair - so I am obviously not happy.

So April 2018 I look back at my landlord statements and wonder what happened about the leaking shower tap and notice:

Aug 2017 Reserve of £75 still being held - ie they have not used the money to pay a plumber to fix the leaking tap
Sep 2017 Reserve of £75 used to pay a Gas Safety Certificate!

I also (NOW) notice from the (quite small) property inspection picture of September 2017 that the shower was clearly leaking and that there is hard water residue all over the shower hose and the (white) bathroom sealant is turning black.

On the property inspection report with reference to the bathroom it says: "Presenting well, sealant around bath blackening. Tenant to clean with anti fungal product "



So I am just wondering... given that they took on the job to fix the leaking shower tap and they apparently forgot about it and used the money to pay for a Gas Safety check - where do I stand?

I'd like to think that the whole job is down to them as they should have fixed the tap when the tenant first reported it and I gave them the go ahead to sort it out.


Anyway - first post here - hope someone can help - thanks

Quote from: JohnSurrey on April 04, 2018, 03:08:55 PMAug 2017 I forgot all about it... and assumed it was being or had been fixed

Seems like this is your problem, right here. Ultimate responsibility lies with you - you own the asset. The Agent is just your Agent, it doesn't really absolve you from any responsibility... we'd like it if that was the case, of course. In a perfect world, when undertaking a fully managed service, you would be able to forget about the details, but as has been demonstrated here... you kinda dipped-in and dipped-out... things just did not happen, automatically, without your involvement - you were involved and then you forgot all about it. If you had followed-up on it, then you could've checked. You made an assumption that the Agent you were paying was competent / thorough. I think it's a fair assumption, but not one I'd - personally - make. I would have checked.

Quote from: Hippogriff on April 05, 2018, 07:18:36 AM

Quote from: JohnSurrey on April 04, 2018, 03:08:55 PMAug 2017 I forgot all about it... and assumed it was being or had been fixed

Seems like this is your problem, right here. Ultimate responsibility lies with you - you own the asset. The Agent is just your Agent, it doesn't really absolve you from any responsibility... we'd like it if that was the case, of course. In a perfect world, when undertaking a fully managed service, you would be able to forget about the details, but as has been demonstrated here... you kinda dipped-in and dipped-out... things just did not happen, automatically, without your involvement - you were involved and then you forgot all about it. If you had followed-up on it, then you could've checked. You made an assumption that the Agent you were paying was competent / thorough. I think it's a fair assumption, but not one I'd - personally - make. I would have checked.

I understand - do you have some kind of legal reference that supports this view?

That you're ultimately responsible for your own asset??? That'll be a bonkers question, right there. Good luck. If an Agent doesn't protect your deposit correctly the Landlord has ultimate responsibility. It's worth checking on what your employees do in your name / on your behalf - you didn't.

Quote from: JohnSurrey on April 06, 2018, 12:45:58 AM

Quote from: Hippogriff on April 05, 2018, 07:18:36 AM

Quote from: JohnSurrey on April 04, 2018, 03:08:55 PMAug 2017 I forgot all about it... and assumed it was being or had been fixed

Seems like this is your problem, right here. Ultimate responsibility lies with you - you own the asset. The Agent is just your Agent, it doesn't really absolve you from any responsibility... we'd like it if that was the case, of course. In a perfect world, when undertaking a fully managed service, ...

I understand - do you have some kind of legal reference that supports this view?

As you can see from the moderator's pompous reply above - he/she didn't...

I did however find this for the benefit of other's with similar concerns to my own:

http://www.landlordlawblog.co.uk/2012/10/25/can-landlords-pass-the-blame-on-to-their-letting-agent-when-things-go-wrong/

which confirms the position without all the unnecessary condescending trollish twaddle.

As a newcomer here I don't think I'll bother asking again.

Gosh, don't leave, we need more Teflon-shouldered shirkers asking dumb questions. Just face it - you forgot to check up on something you should've done. You'll get nowhere with your approach. I genuinely can't stand unprofessional people, in any line of work. You are clearly one - hands-off approach, ey? Yeah, that'll work for you. Oh, it didn't? You say you're obviously not happy... why? Because you dropped the ball? I'd not be happy [with myself] either, that is one thing you got right. At least it seems you can use Google. Bit better than being spoon-fed all your life, right?

Thanks for the link: it doesn't really relate to this situation, though. It would apply, for example, if your tenant wanted to sue you for damage to their possessions as a consequence of a leak not being repaired: you couldn't make the tenant sue your agent instead.

In this case, however, it's you seeking redress from the agent and, as Hippogriff says, you're on a bit of a sticky wicket as you didn't take any steps to check that the work had been done, even when the £75 was showing as unused on your monthly statement. It would have been different if your agent had specifically said to you that the work had been done when it hadn't but that doesn't seem to be the case here. As regards the point of law, it's almost a Davies v Mann situation: you could reasonably have taken action to avoid the damage, simply by confirming that the work had been done, but you did not do so.

You might have a case for breach of contract but, given that the contract was probably drawn up by your agent, I doubt it's too favourable to you in that regard.

Leaving aside the above, we are then left with the issue of remoteness of loss: can you demonstrate that the shower needed replacing as a result of the leak not being attended to, rather than some other fault, the tenant's care of it, or simple wear and tear. Was this shower unit cruelly cut down in the flower of its youth or was it already a bit long in the tooth and likely to be due for replacement in a couple of years time anyway?

Basically, it looks like you're on a hiding to nothing. You might get a small ex-gratia payment out of your agent to keep you sweet (they won't want one of their cash-cows to wander off) but I'm inclined to think any legal action would be messy, costly and/or unlikely to succeed. Then again, I'm not a lawyer. Or a plumber.

With respect to all, we come here to ask advice. No one is forced to respond, however in my own limited experience so far, everyone does try to offer help with genuine advice and experiences. If you are only looking for a particular answer ie agreement to your own preconceived ideas, then this really is not the right place for you.
I do hope you get the result you want.

Agree with EPS501.You learn something new every day,and knowledge is power..I too have made the mistake of taking things for granted with letting agents,but remember  what your teacher told you - what happens when you ASSUME ? Agents are bullet-proof in my experience,and they have no trouble at all sleeping at night.