Can estate agents make us pay call out charge

decsdad

They did not inform you of the cost of the expert(call out charge), prior to the visit. Therefore they can't expect you to pay.
Also, they did not tell you/show you how to work the vents, how were you to know, they didn't even know when you asked at the inspection, they called in an expert.

On the other hand, I would be miffed if I was the landlord.

It could of course been that the vent was stuck shut when you had tried to open it, and when they sent the big strong expert, he managed to open it. Not your fault.

BornAtTheRightTime

The fact is you have been caught out by your own ignorance regarding the window vents and you cannot use this as an excuse not to pay.
However you may have cause to argue that you should have been informed there could be a charge made to you and as you weren't no charge is payable by you - and in the alternative that the amount is excessive and you agree to compromise on a lesser amount.

If you stick to arguing that your lack of knowledge shouldn't be punished and/or that you haven't been charged for previous call-outs (which appear to have been far more justifiable issues) you will get nowhere. The agent's expert judged you responsible and as such the agent has a right to go along with that expert advice.

HoneyAndLemon

Id love to know how I can ignore something I knew nothing of? Its not as though I saw them and didnt bother to check them. The estate agents also knew nothing about them.

I tried to be responsible by showing them during our inspection, when they could have pointed them out, but they didnt because they too didnt know. I then followed the issue up. I dont see how, at any point, I have been ignorant? I should have just left it, let damp develop, and moved out in Feb as planned, and left it up to them to deal with the mess later on. The vents were closed before we moved in, and would have stayed closed if we hadn't raised this, and this could have got much worse. Shame on me for trying to be responsible.

Clearly there are different opinions on this. I appreciate all the comments anyway.

tbs624

OP - I would refuse to pay the charge. An intelligent LL leaves their Ts a Property Folder with basic info on things like this, along with copy instruction manuals for white goods etc.

Looks to me as though the LA has been lazy and has clocked up an unnecessary cost by not providing very basic info to you on the LLs behalf. Remember - no training, qualifications, or specific expertise required to set up in business as an LA.

This is idiot behaviour by an LA and it's the sort of thing that makes Ts keep quiet about repairs and maintenance issues rather than flag them up early on. Not only are many LAs untrained/ unqualified they seem not to possess any basic common sense.

OP - you sound like an ideal T to me. Hope you manage to get it resolved.

HoneyAndLemon

When we moved into the apartment in April, there wasn't a single instruction manual. Not for the washing machine, which thankfully was clear and easy enough to work out. The built in oven has no markings left on it (i.e. temperature, wether you have the grill on or main oven etc), they've all worn away, the timer/clock doesnt work on it, and we've no manual for it. Ive googled and searched for the manual online but its so old I cant find one anywhere. We just guess that we're using it and that the food is cooked. The hob was completely done in. It was like 4 bits of stone, that took at least 30 minutes to slightly heat up. Thankfully they replaced that after sending out 2 engineers to confirm what I was saying. The fridge/freezer broke down twice, lost countless amounts of food, and again it was 2 engineers before the landlord agreed to replace it. Now this.

The landlord himself lives in India and we've never spoken to him or have any of his details other than his name. Everything is through the estate agents. I think he's got fed up of us highlighting problems that the last tenant was obviously happy to put up with.

I emailed the estate agents last night, but have heard nothing today. I hope it all works out. We're currently going through a mortgage app and have enough fees to cope with at the minute. On top of our usual rent bills etc.

Thanks again x

olly300

HoneyAndLemon wrote: »

I emailed the estate agents last night, but have heard nothing today. I hope it all works out. We're currently going through a mortgage app and have enough fees to cope with at the minute. On top of our usual rent bills etc.

Thanks again x

Send them a recorded delivery letter.

Mentioning all the things you mentioned here about the vents with dates.

Also mention the fact you didn't get manuals or photocopies of manuals for things like the washing machine, which you expect a landlord to provide to ensure his equipment was used correctly.

They cannot argue they didn't get a recorded delivery letter (well they can but won't be believed) as well as an email.