contractor or estate agent?

nEEDHELP

We live next door to a property which is owned by an absentee landlord and managed by an estate agent. The place has been empty for a while ( which has been blissful since the last tenant was a real scumbag!) They have been slowly doing the place up and repairing the damage that was done, ready for the next tenant who (we are told is due to move in next week).

Anyway to get to the point! The person the estate agent employed to clear the garden has also put Cuprinol on the fence. He has sprayed it through the lattice and into our garden including our coy pond. We are clearing out the pond and replacing the water to save the fish although its too early to comment on them.

Our garden equipment like the pond pumps and filters, our shed as well as herbs and other plants have all been coated in orange. Obviously we want all these things replaced but the estate agent is trying to pass the buck to the contractor and claiming that the landlord hired him (like you do when you hire a management company). Can anyone tell me legally who is liable please since I have had two short phone calls with the estate agents and am already unsure if anything I've been told is the truth.

Appreciate any help you can give!

x

Doozergirl

The contractor.

DVardysShadow

Landlord hires Agent hires Garden Contractor.

You could have a claim against any of them upheld. A master is always responsible for the acts of his servants when the servants are acting in the capacity of servants. This is Vicarious Liability.

So you are quite entitled to expect the Agent to sort it - and you could point out that if they don't, then you will dob them in to the landlord and sue him for the failings of the contractor. Once you have a claim upheld against either the Landlord or the Agent, it is up to them to sort out the issue with their servants.

nEEDHELP

Thanks to you both for your quick responses.