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    • utab007
    • By utab007 2nd Jul 17, 7:09 AM
    • 144Posts
    • 18Thanks
    utab007
    Money owed from tradesman
    • #1
    • 2nd Jul 17, 7:09 AM
    Money owed from tradesman 2nd Jul 17 at 7:09 AM
    Morning,

    I need some advice. Not sure if I have posted this question in the correct area.

    Anyway, around end of May I hired a tradesman to fix a problem with a leaking bathroom. This job was at a property I rent out to a company. In fact, the company recommended him based on some other work they say he did for them. The job was to first of all identify the leak and fix it. And also repair damaged caused by it, so replace flooring underneath bath and repair ceiling downstairs.

    A few days later the company got back in touch to say the bathroom is still leaking. Unfortunately, by this time I had already paid the tradesman.

    On hearing news of the leak I visited the property to inspect the work. Main part of the work in the bathroom was either not done or done to a very poor standard using wrong materials. Only the repair to the ceiling was of satisfactory standard, but even that was not sanded down and painted as required.

    I think this tradesman was out of depth doing plumbing work and his experience lies in plastering/painting.

    Since then I have hired someone else to fix the leak and it turns out the problem was with the seal running around the bath. So quite a simple fix in the end.

    I now need advice on how I can claim back my money from the first tradesman (or con-man). As the recommendation came from the company I first approached them, but they just said he was put forward based on completing a job of a similar type which was done to a good standard.

    I have emails from the company on the work that was agreed with the tradesman. They also agree work was not carried out as required. In fact I believe he made the leak worse after his bodge job.

    I also have text messages from the tradesman saying he will pay back part of the money (minus materials and travel costs) when he gets paid on 1st July, but that date has now passed.

    As the incorrect materials were used I have requested a full refund of £700.

    What steps should I take now to recover my money? I have already been waiting 1 month. Yesterday I sent him an email highlighting the issues and said I will be filing papers to the small claims court early next week as he failed to pay me on 1st July.

    I think another option could be to use a commercial debt recovery agency. As I'm a landlord (self-employed sole trader) I think I would qualify. The tradesman has a limited company, but as my payment was made directly to him I think this would count as a debt recovery from one sole trader to another. The debt recovery firm I have found operate on a no win no fee basis.

    Please advise on best way to proceed from here.

    Many Thanks
    Last edited by utab007; 02-07-2017 at 7:12 AM.
Page 2
    • 00ec25
    • By 00ec25 2nd Jul 17, 12:33 PM
    • 4,343 Posts
    • 3,691 Thanks
    00ec25
    if it goes to trial will the court be based local to me. I understand there is a court fee which depends on amount claimed. Will I incur further fees if it goes to trial. I don't think it will go to trial but good to know just in case
    Originally posted by utab007
    stop being lazy, read the article I linked to earlier for the answer is in there

    patently it will only go to trial if you start the court action yourself, and you will start it if he does not voluntarily pay as that is then your best option

    Sorry, I paid him. But I can see an active Ltd company for him online, so perhaps he puts some jobs through the company
    Originally posted by utab007
    if you paid him then you cannot sue the company, since they are not one and the same.

    you need to be sure you are suing the right person!
    Last edited by 00ec25; 02-07-2017 at 3:27 PM.
    • G_M
    • By G_M 2nd Jul 17, 1:46 PM
    • 40,171 Posts
    • 45,886 Thanks
    G_M
    You really need to start taking responsibility for your actions.

    You failed this, in leaving your tenant to arrange repairs.
    You failed to do basic due diligence on the contractor.

    And now you are asking basic questions about the court process which you could, and should, be researching for yourself, not relying on amateurs who may or may not know on the internet. Those amateurs (no insult intended - I include myself!) have even pointed you at authoritative websites where you can find the answers.

    Read them.
    • utab007
    • By utab007 2nd Jul 17, 2:20 PM
    • 144 Posts
    • 18 Thanks
    utab007
    Thanks G_M, I think you're right. I am annoyed with myself, I should never have ended up in this position. I can't believe I let this con man get that better of me. To be honest I'm just in shock that the managing agents put forward someone that bad. The previous tradesmen did a pretty good job, so you start to build up trust, but I get exactly what you're saying.

    I'll start doing some reading and come back with more meaningful questions. Perhaps I'm just lacking some confidence after what happened and hence asking basic questions

    I think I needed that kick up the back side.
    • G_M
    • By G_M 2nd Jul 17, 5:20 PM
    • 40,171 Posts
    • 45,886 Thanks
    G_M
    You seem a little unclear about your legal relationships too......
    ...... This job was at a property I rent out to a company. In fact, the company recommended him.......
    Originally posted by utab007
    I'm just in shock that the managing agents put forward someone that bad.
    Are they your tenant, or your agent? There is a huge difference.

    If tenant, then you'll have a commercial tenancy (not an AST) with all the legal consequences of that. In particular, what does your commercial tenancy contract say about repairs?

    If agent, what exactly is the extent/wording of your agency contract with them? And who is your tenant?
    • phill99
    • By phill99 2nd Jul 17, 6:11 PM
    • 7,873 Posts
    • 7,121 Thanks
    phill99
    I genuinely wonder if some people really should be landlords.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
    • utab007
    • By utab007 3rd Jul 17, 7:47 PM
    • 144 Posts
    • 18 Thanks
    utab007
    I'm clear about my legal relationship thanks. See post #14
    You really should read the history to keep up ��

    @Phill99 you know very little about me. Don't judge others. If you have nothing useful to add keep your mouth shut!
    • utab007
    • By utab007 3rd Jul 17, 7:54 PM
    • 144 Posts
    • 18 Thanks
    utab007
    The company has many properties it rents out. Not all from me

    Therefore, they have a in house team to help manage maintenance. So not strictly managing agents
    • anselld
    • By anselld 3rd Jul 17, 7:58 PM
    • 5,217 Posts
    • 4,756 Thanks
    anselld
    I'm clear about my legal relationship thanks. See post #14
    You really should read the history to keep up ��

    @Phill99 you know very little about me. Don't judge others. If you have nothing useful to add keep your mouth shut!
    Originally posted by utab007
    It is you who needs to keep up!

    In post 14 I asked a similar question to G_M, i.e. what does your contract state about repair responsibilities?

    As far as I can see you have not answered.
    • G_M
    • By G_M 3rd Jul 17, 8:00 PM
    • 40,171 Posts
    • 45,886 Thanks
    G_M
    I'm clear about my legal relationship thanks. See post #14
    You really should read the history to keep up ��
    Originally posted by utab007
    I assume you mean post 12?
    The company(tenants) that have in a region of 100 properties they rent out.
    You may well be clear, but I'm not. True, none of my business, but you've posted here, outlined some of the details of your property, and I'm interested.

    The 'Company' is your tenant. Since their business seems to involve renting out (100) properties, I assume they are sub-letting the property, yes? And your tenancy is, as I suggested, therefore a commercial tenancy.

    The reason I'm asking is that many commercial tenancies would put the repairing obligation on the tenant. Hence my earlier question about the terms of the commercial tenancy.
    Last edited by G_M; 03-07-2017 at 8:04 PM.
    • glentoran99
    • By glentoran99 7th Jul 17, 12:35 PM
    • 4,402 Posts
    • 3,246 Thanks
    glentoran99
    Well has he paid up?
    • phill99
    • By phill99 8th Jul 17, 10:39 AM
    • 7,873 Posts
    • 7,121 Thanks
    phill99
    I'm clear about my legal relationship thanks. See post #14


    @Phill99 you know very little about me. Don't judge others. If you have nothing useful to add keep your mouth shut!
    Originally posted by utab007
    It's an open forum. If you don't want the flack, don't post!
    Eat vegetables and fear no creditors, rather than eat duck and hide.
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