Please Help

[Spazz]

I am renting a flat through an agent

The Agent asked me to supply and install a new kitchen.

The Agent has charged the landlord £2,800.00 for the kitchen and carpet (that I supplied) and shes paid full price for it

I have charged the agent £1,250.00 Very reasonable I thought - including the carpet.

The Agent is now refusing to pay me me anything over £450.00


I owe the agent £450 for the rent for January
I will also owe another £450 for February as from next week

The landlord has already had £195 from me for January.

What do I do?

Do I keep my business (sole-trader) separate and pay rent as Im meant to or do I refuse to pay anymore rent until the debt has been cleared.
The Agent had a payment terms of payment on receipt.


I have also been asked by the landlord to install 4 new fire doors (1 for each of the 4 flats) as well as 2 new 17th Edition CUs per flat (1 main electrics and 1 for Economy 7 CU)



Many Thanks in advance

 

[La Poste]

Also mentioning that I still have not received anything stating that the bond has been secured - which by law it is has to
be!

If the bond is not secure (the deposit) then by law you are automatically entitled to three times the value of the bond (deposit)

http://en.wikipedia.org/wiki/Tenancy_deposit_scheme

"What if a landlord fails to provide the tenant with information on the Tenancy Deposit Protection Scheme?

When accepting a deposit the landlord or letting agent is required to ensure:


The deposit is protected by one of the three government backed Tenancy Deposit Protection schemes, see section on Who manages Tenancy Deposit Protection Schemes?


They follow the rules of the Tenancy Deposit Protection Scheme which they have registered with.


The tenant is provided with information within fourteen days of the deposit being received.

Failure to comply with any of above may lead to the landlord facing court action and being unable to reposes the property, under Section 21 of the Housing Act.

The tenant has the right to seek compensation if the landlord does not provide them with information about the Tenancy Deposit Protection Scheme used. The compensation for the tenant is equivalent to three times that of the deposit."

http://www.tenancyagreementservice.co.uk/tenancy-deposit-protection-schemes.htm

It's something to think about.

It's not totally cut and dry because if you take the agent to court and the agent sneakily puts the deposit in a scheme before the court date he may win the case but never the less it's still worth knowing.

 

[Marvo]

I wouldn't hesitate in approaching the landlord directly and tell him how much the agent whacked him for and that you can't get your payment.

I hate middlemen (or women) who think they have the God given right to slap their ridiculous high commission on top when they're not adding any value or doing anything for it apart for sitting on their over-sized under-worked ---.

 

[oldtimer]

id keep away from rented or council property,theres no work in it..

Actually it works for me but via a letting agent not council

 

[Des 56]

If you put the quote in writing and he accepted then you have a case if it was verbal then your screwed and he knows it.

Also remember a quote is a fixed price an estimate is a rough price so if you do a quote and you hit a snag thats your problem if you give an estimate and hit a snag then you can charge.

Never Ever do a job like this on a verbal ok £50-£100 then fine but not £1200 bucks so dont get twisted get educated ie you send a quote via email and dont move until you get confirmation

I used to think that was the case, but read an article that said otherwise

Here is a sentence from my googling of the verbal contract and a link to some legal jargon

Quote
It is immaterial whether the contract is verbal, in writing, or partially verbal and partially written, although common sense says that recording the agreement in writing creates a document that may be referred to for its terms in the event of a dispute between the parties.

Verbal agreements and legally binding agreements: London Contract solicitors

 

[Edd]

People have given great advice above. I really hate things like this, start sending them dog **** in letters to them till you get it sorted. may not help the issue but may make you feel better!!!

 

[La Poste]

People have given great advice above. I really hate things like this, start sending them dog **** in letters

It's not big and it's not clever but I'm thinking of doing this to the guy who clamped my car and charged me £400.

It's amazing what you can find out on the internet.
I've got his home address and everything. Ha ha.

Apologies for the poor taste of this post.

 

[Spazz]

I have got the letter drafted and about to drop it off through the door of the agent now, so they will get it tomorrow.

I have given them till Friday to sort it, or no payment of rent will be received.
If they dont respond by Friday I will approach the landlord directly.

The problem is that the landlord has told me to deal with the agent with regards to the doors and and CU changes - we will see!!!


Thanks again - back in a bit

 

[trev]

Don't drop it off mate that's a bad move. Send it recorded delivery that way you can prove who got it and when

 

[Marvo]

Just make sure the landlord and the agent aren't related. Wouldn't be the first time......:38:

 

[La Poste]

Or maybe just chat to land lord first, on the quiet I mean, Just man to man, well man to lady, before you start chucking letters about and getting everyone's back up.

That's what I would do, have a quiet and private word and tell her everything.

This course of action would help you in court.
It shows you have tried all forms of diplomacy.

 

[Spazz]

Just make sure the landlord and the agent aren't related. Wouldn't be the first time......:38:

No they are not - they not getting on as well at the moment - I want to keep the landlady out of it at the mo, as I dont want her to think I lied to her about who did the work.

I will drop it off now and send a copy recorded as well, the agent is next door to me.

 

[La Poste]

Good luck.

I don't understand this bit though.

I want to keep the landlady out of it at the mo, as I dont want her to think I lied to her about who did the work.

I thought she knew you did the work.

 

[GLENNSPARK]

Since the Landlord is talking to you directly, I assume??? , regarding further work in the property, then you should have no problem straightening out this fiasco.
£2800.00 less a small percentage to the agent for 'services rendered' should leave you with 6 months rent paid up front !:furious3:

sorry but i wouldn`t be giving this "agent" owt here.......let anger be your agent more like.....

 

[ackbarthestar]

I have got the letter drafted and about to drop it off through the door of the agent now, so they will get it tomorrow.

I have given them till Friday to sort it, or no payment of rent will be received.
If they dont respond by Friday I will approach the landlord directly.

The problem is that the landlord has told me to deal with the agent with regards to the doors and and CU changes - we will see!!!


Thanks again - back in a bit

I think that's all I needed to here - My advice is that you get legal representation before you take it from the front as well as from behind

 

[oldtimer]

Des just to say yes verbal agreements are legal but my understanding is as long as the conversation is witnessed by a third party other than that its my word against yours I alway get the customer to confirm via email so no problems their but yes I have mentioned that I got caught out with a call out were he has just ignored me ok it only for £45 but it still leaves a bad taste also a lot of my customers would be insulted if I made them sign a 4 page T&C so for me one job a year I put it down to bad luck or maybe next when I am passing he may find a big scratch on his motor