Communal Door entry System - our obligations??

ktel1

Hi there
We own a flat in a block of 6 and the door entry phone within our flat has gone faulty. We spoke to our management company who sent out engineers to look at it. They decided the phone needed replacing and sent us a quote. When we questioned the agents, they then told us we were liable to the costs for this as it was within our own flat.

On that basis I decided to look at the phone myself and very quickly found that it was a faulty handpiece speaker connection whci I have now fixed and it is ok.

We have now had a bill from the engineers for the call out but we don't believe we are liable for this as we were not told by the agents that this would be at our cost before they called out the engineers.

I would like to know;
Should we be liable to costs against what is a communal system that we do not control and had no say in it being installed?

Are we liable to the call out fee when we were not informed that this would be at our cost ?

Help appreciated.
Thanks

BitterAndTwisted

How much money are we talking about here?

lincroft1710

Ktel1 wrote: »

Should we be liable to costs against what is a communal system that we do not control and had no say in it being installed?

Check the terms of your lease or management agreement.

If the entryphone system was in place when you bought the flat, then by purchasing the flat you accepted what was there at the time.

Ulfar

Check your lease. It is a communal service and therefore should be part of the service charges, but your lease will specify.

If that I would dispute the charge anyway as the engineers decided a new phone was needed when it wasn't as it was an easy fix which they should have been able to fix.

ktel1

Thanks to all whom have replied.

Firstly, cost for attendance was £78 inc VAT. They were only on site for 25 mins top so assuming there is a call out fee involved. However, we were not told we ould be liable to this before they were called out, so not given opportunity to address this ourselves.

Secondly, the entry phone system was installed many years after my partner had bought the flat. So, in essence, without the phone, we could not allow people to access our flat or would have anyway of knowing they are at the hallway entrance door. Our flat is on top floor of two storeys.

I have written a strong letter to the managing agents in which I have given full details of the visit in which I have disputed the description of work carried out by the engineers as they have greatly exaggerated what they did. I have told the agents that we will not pay this and that they should and further should not pay this in full.
Am waiting on response.

G_M

You do not say if you have checked your lease, and if so what the lease says.

Who installed the system?

missile

The handset within your property is NOT communal. In accordance with my lease I am responsible for any maintenance of items particular to my property.

You asked for this work and I would suggest you should pay up.

Judith_W

I think that if they didn't tell you of the charge beforehand and there is nothing in the contract that this will be charged, then they need to absorb the cost.

I agree you are in charge of the maintenance though, e.g. if I want my alarm system in my flat to be maintained, I need to pay, even though this was installed before I bought my flat.

G_M

missile wrote: »

The handset within your property is NOT communal. How can you know this? It may be defined as part of the communal system In accordance with my lease I am responsible for any maintenance of items particular to my property.

That may be your lease, but so what? Until Ktel1 looks at his own lease we have no way of knowing.

propertyman

Contrary to some opinions here, handsets are often treated as part of the communal system, either by installation or under the lease. There are still many rented systems installed, and that includes the handset.

Before issuing a work order the Manager should know as they have no authority to instruct work for which their client, the landlord or residents company, has no responsibility for.

Even if the OP called in the contractors via the agent neither they nor the service charge should pay for a handset that is not required and in view of their missing a simple wire fault, ought to be so embarrassed as to waive the call out charge.

ktel1

Thanks to all who have replied since my last update

G_M. The system was installed in 2006 and there is nothing specific mentioned about it in the lease.

There is mention of the landlords being responsible for all telephone and aerial cables up to the property but not the sockets or fittings within. However, there is no specific reference to the door entry system in that clause and no reference anywhere else within the lease.

I have also noted that we pay, or at least there is budgeted, an annual fee for a maintenance contract for the door entry system. I need to contact agents to get a copy of this contract

This is somewhat confusing to me. The door entry system is pointless without the phone inside the property, therefore it should be a integral part of the entire system and hence be communal.

Furthermore, if there is a maintenance contract, should it not include maintenance and upkeep of the phones as well? If it is my responsibility to maintain the handset, what is to stop me fitting a replacement handset or carry out work myself that could compromise or damage the rest of the system and possibly void terms of the maintenance contract?

Have to see what this contract is all about. However, I agree strongly with propertyman, the engineers who visited were extremely unprofessional and couldn't diagnose a basic fault that I found very quickly. They should be ashamed and certainly should not pursue this call out.