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Letting agency refusing to refund locksmith fees - Advice needed
Comments
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trevor_1977 wrote: »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 .
Don't get me wrong - I would be very annoyed as well.
The argument about no-one to take the call is irrelevant as the OP did not leave a message and worked on the assumption that no-one was available. (But, I thought it was a requirement to be given the Landlords contact details even if they go through a Letting Agency?)
However, I maintain, witholding rent CAN lead to eviction and should be used with extreme caution.
Re: the oven ? Am I missing something here ?“That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”0 -
halibut2209 wrote: »Legally you could probably get the money back
Practically, they could evict you ASAP if you did.
Unde what part of any Assured Shorthold Tenancy agreement would that be allowed?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
mynameisdave wrote: »As I understand they called the lettigns agency and as it was out of hours the call forwarded to an answer phone.
If they also had the number of the landlord (not the LA) and did not call that then OP would be liable.
It is unreasonable for the landlord or letting agent to not make adequate arrangements in the event of an emergency, relating to any maintenance issues. What would have happened if there was burst pipe, or a gas leak, that an immediate solution would be required to protect the assets of the landlord. Should the tenant wait a day or two, for the letting gent or landlord to respond, before arranging for repairs to be made?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
dreamypuma wrote: »Your contract is with the letting agency,who's contract you have agreed to abide by.
What does your contract terms say about the provision of out of hours emergency services?
If it doesn't qualify any specific requirements for out of hours, and only any emergencies, then that is what you are required to do.
As such the letting agency should provide that service to you or they are in breach of contract.
The contract may make provision for out of hours emergencies by offering to contact you back within half an hour (or whatever) from notification (by voicemail in this case).
If you can prove that they failed to meet their obligations then you could recover your losses.
As an earlier poster mentions, they may also just make life difficult by ending their contract with you.
A common misconception I am afraid, the contract is with the landlord. The clue is in the word, "agent."
The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
matstheboy wrote: »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.
As the locks are their responsibility, ask them what they would have done if they had received a message from you.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
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,
Section eight.
The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
It is unreasonable for the landlord or letting agent to not make adequate arrangements in the event of an emergency, relating to any maintenance issues. What would have happened if there was burst pipe, or a gas leak, that an immediate solution would be required to protect the assets of the landlord. Should the tenant wait a day or two, for the letting gent or landlord to respond, before arranging for repairs to be made?
Just to prevent any further mis-information being carried on through the thread, the OP states 'my call was forwarded to a mobile phone due to it being out of hours...all i got was the answerphone of one of their employees, i tried this several times over the following 30 mins'.
In my opinion having an on-call member of staff with a mobile phone is taking adequate arrangements in the case of an emergency.
Who said anything about waiting a day or two? The OP waited half an hour, on a matter which, lets face it, wasn't life or death. Tenants can take reasonable precautions to prevent further damage to a property if the agent is not immediately contactable (as well they should under 'tenant like manner' clauses), ie turn the water off, call the fire brigade etc as the situation requires, which then gives them some 'breathing room' to call (and leave a message!) with the agency.
I would just chalk this one up as experience, and write to the agency asking for a full copy of their out of hours procedure and contact numbers for contractors in case I was unable to contact the agent.
OP - Can I please suggest you post this on the House Buying, Renting & Selling forum or ask a Mod to move this thread there? You're getting some downright dangerous advice from well meaning but mis-informed posters, which quite frankly is only going to cause you more problems and inflame the situation. Theres some very knowledgable posters on the housing board who will be able to offer sound advice.
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About this oven .... the OP has not mentioned an oven.
The LA, however, has mentioned the slamming of the front door.
A Newbie comes along and gives a bit more of the story regarding the oven being left on.
Er, something not right here.
Mat, would you like to tell us the truth about what happened?0
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