Letting agency refusing to refund locksmith fees - Advice needed

mynameisdave

Hintza wrote: »

Surely that is the point. A landlord hires a letting agency so that they cover the day to day running of a property.

This is why it is an important issue to get to the bottom of. Did they call the LA or LL on the following morning?

If the LL gave their number as an emergency contact when the LA cannot be reached they should be called before any work is carried out. If they only called the LA because they did not have the LL number with them that is not the LL fault.

matstheboy

Hi,

Firstly, thank you all for your help and advice.

We have no contact details for the LL and just have the following details for the agency

Office Opening Hours:

Monday - Friday: 9 am - 5pm


Viewing Times:

Monday - Saturday: 10 am - 5:30 pm


Contact Details:


Tel/Fax: 029 20 195629

We have no emergency contact details for LL or agent, the agent is arguing that the emergency procedure was to leave a voicemail and wait for a return call (although this isn't stated in any of our documentation). She told me that I must have no common sense if i didn't see that. My argument was that at no point did the answerphone message say that it was a mobile phone, I thought that a message wouldn't be picked up until office hours on the following Monday.

Not sure what my next step is as she is just being impossible to deal with

RadoJo

So did you actually leave them a message telling them what the problem was? Or did you hang up when the answerphone kicked in?

matstheboy

RadoJo So did you actually leave them a message telling them what the problem was? Or did you hang up when the answerphone kicked in?

I hung up everytime the answerphone came on as i assumed it was the office answerphone and wouldn't be checked until the Monday. Unfortunately they are saying that this is why they are not willing to refund me as I apparently made no real effort to contact them.

RadoJo

In fairness, from their perspective, you didn't give them a chance to help you out and by not leaving a message I think you have strengthened their case for not refunding you. I understand that you didn't realise someone would be picking up the message, but by not leaving one you have no way of proving that they wouldn't have sent a locksmith round had you given them the opportunity and so might have trouble trying to claim that they are responsible for your costs.

Presumably they agree that you did in fact have the locks changed though, so it might be worth asking if they would be prepared to pay you what they would have paid their own locksmith so that you aren't left quite so far out of pocket. I think if you tell them that you accept that you were remiss in not leaving a message for them, but given the circumstances could they reimburse you what it would have cost them anyway, then they might be willing to give you a break.

matstheboy

RadoJo wrote: »

In fairness, from their perspective, you didn't give them a chance to help you out and by not leaving a message I think you have strengthened their case for not refunding you. I understand that you didn't realise someone would be picking up the message, but by not leaving one you have no way of proving that they wouldn't have sent a locksmith round had you given them the opportunity and so might have trouble trying to claim that they are responsible for your costs.

Presumably they agree that you did in fact have the locks changed though, so it might be worth asking if they would be prepared to pay you what they would have paid their own locksmith so that you aren't left quite so far out of pocket. I think if you tell them that you accept that you were remiss in not leaving a message for them, but given the circumstances could they reimburse you what it would have cost them anyway, then they might be willing to give you a break.

Thanks, this is what I'm trying for but the agency don't seem to want to reply to my messages suggesting it

trevor_1977

This is so simple deduct the cost of what the locksmith was out of your next months rent ,send a letter to landlord La stating why the rent is lower than normal that month .It was an emergency the op should not of had to leave a message and then wait to be contacted to get in his place .I got locked in my place once and had to ring letting agent ,as it was a Saturday I phone straight to the mobile which was answered and they sent a locksmith out and paid for .the la is at fault here for not having a decent procedur to be contacted in an emergency .


this really is a non issue subtract it from rent ,but get invoice and letter from locksmith also .

PZH

trevor_1977 wrote: »

..this really is a non issue subtract it from rent ,but get invoice and letter from locksmith also .

Sorry - but I think that is really bad advice. Withholding rent can lead to eviction unless specific steps are followed (Assuming rented accomodation is in England) and that is for essential repairs that are not carried out

trevor_1977

Essential ,not being able to get into the building and considering the oven was on i would call it essential .let them go to court no way should the op be out of pocket for this no way in the world .I would be so angry with the la ,really angry no way would they pull this trick on me not in a million years .

I do not see it non payment of rent i see as a deduction to recover costs that the la ll are liable for .I would put it all in righting and let them take it to court .i would imagine the would be in trouble for wasting the courts time .What was the op to do no one was available to take his call and he need top get in before the oven over heated .

arcon5

trevor_1977 wrote: »

This is so simple deduct the cost of what the locksmith was out of your next months rent ,send a letter to landlord La stating why the rent is lower than normal that month .It was an emergency the op should not of had to leave a message and then wait to be contacted to get in his place .I got locked in my place once and had to ring letting agent ,as it was a Saturday I phone straight to the mobile which was answered and they sent a locksmith out and paid for .the la is at fault here for not having a decent procedur to be contacted in an emergency .


this really is a non issue subtract it from rent ,but get invoice and letter from locksmith also .

Terrible advise.

What if the landlord then decides to issue a section 21 to evict him?

You should always be very careful when making deductions from rent.

If op is going to persist in trying to get some of the money paid returned he should do so via small claims court,