Tenency and payment for repairs

sanfrancisco

Hi all,

Hopefully someone can help me.

We have some repairs that need doing. The fact that the repairs need doing and who is liable is not in doubt, we all agree. However, the LL is asking (and saying previous tenents did) that when the workmen finish their job, we pay and then he reimburses us. I have never come across this in any previous tenency. We are on a standard AST and I have checked it and it says nothing in there about this.

We really do not have the money to do this, and I do not want to really be a middle man potentially opening up problems if someone disputes bill etc.

Does anyone know the legalities?

I appreciate all help.

tanith

I don't know about the legalities but I wouldn't be entering into any kind of arrangement like this... tell him you don't have the spare cash and its his responsibility.. maybe he would like to leave a signed blank cheque for you to fill in :rotfl: then maybe he will see the 'trust' issue from another point of view...:T

olly300

If the LL is responsible for those repairs then he pays and writes the cheque.

The LL (or an agent) should also be around to supervise the repairs that he is responsible for.

If the LL says he can't pay and you won't get the repairs done unless you pay, then you must have an agreement from him in writing that you are to take all the repair money out of your rent until such time you are fully reimbursed.

Wings

olly300 wrote: »

If the LL is responsible for those repairs then he pays and writes the cheque.

The LL (or an agent) should also be around to supervise the repairs that he is responsible for.

If the LL says he can't pay and you won't get the repairs done unless you pay, then you must have an agreement from him in writing that you are to take all the repair money out of your rent until such time you are fully reimbursed.

If the LL is responsible for the repairs as per the tenancy agreement, then it is both for the LL to surpervise and settle the account for those repairs, and not as the original poster rightly indicated for the tenant to find him/herself in the middle of a dispute over the same.

sanfrancisco

thanks for the replies. As I thought it is wrong.

However, I want to go back with more than this. How do you guys know this? Its quite difficult as its just one of those things that you sort of know is wrong, but does anyone know why?

I really appreciate all help. I am going to try Shelter tonight as well.

littlemissmoney

I wouldn't pay any workman on his behalf!! If you email Shelter they get back to you really quickly and were really helpful to me.

scatz

Have a look at this link. It 'may' offer some help;

http://www.legal-zone.co.uk/Default.aspx?tabid=482

thesaint

If it is not too much, it would be easier to pay it and deduct it from the rent when it is due.
Shelter etc will tell you that it is his responsibility, but if you want the repairs doing then I would take him up on his suggestion if it isn't going to put you under undue pressure.
As long as he has authorized the work directly with the workmen.

If he says that in order for him to be there and pay, you would have to wait a month, would that be okay with you?

Poundcounter

The LL has an obligation to you to maintain the house/flat. How he arranges to fulfill that obligation is his responsibility. Any contract between him and a tradesman does not involve you, unless you have specifically agreed to assist in some way (for example with access arrangements). If you get involved beyond that it may confuse the issue.

It sounds like he may be asking you to act as his agent, so avoiding the expense of using a professional agent. You have no obligation to do this and doing so may compromise your position as tenant. However if you feel comfortable in acting as his agent (unpaid) you can of course do so.

In any case a reputable tradesman would be willing to send an invoice to the LL. If you agree to pay cash on behalf of the LL you ought to get a receipt, which the tradesman might be reluctant to give (since the point of cash payments is to avoid paying tax). Best not to get involved unless you know your LL well and trust him.

Wings

Poundcounter wrote: »

The LL has an obligation to you to maintain the house/flat. How he arranges to fulfill that obligation is his responsibility. Any contract between him and a tradesman does not involve you, unless you have specifically agreed to assist in some way (for example with access arrangements). If you get involved beyond that it may confuse the issue.

It sounds like he may be asking you to act as his agent, so avoiding the expense of using a professional agent. You have no obligation to do this and doing so may compromise your position as tenant. However if you feel comfortable in acting as his agent (unpaid) you can of course do so.

In any case a reputable tradesman would be willing to send an invoice to the LL. If you agree to pay cash on behalf of the LL you ought to get a receipt, which the tradesman might be reluctant to give (since the point of cash payments is to avoid paying tax). Best not to get involved unless you know your LL well and trust him.

Very sound advice.

thesaint

There are plenty of reputable tradesman that won't send an invoice to a third party, it is not cost effective.
Whether the tenant pays in cash or not does not stop them getting a receipt, (the point of cash payments is in fact to get paid)I pay tradesman by cash and always get a receipt.