Letting agent trying to get me to pay a random call out fee

eld

I am wondering where I stand on this, my letting agent sent out an electrician without authorising it with me to take a look at our extractor fan, they have now sent me a letter saying I need to pay £45 because it works.

I phoned them up and got quite annoyed as they claim I specifically rang up and told them it doesnt work, when I have not.

I made a passing comment to someone saying it's not very good as it's an in-built extractor fan with no external vent, this was while talking about all of our broken windows which don't open (or don't stay open), even though their inventory said all the windows where in perfect working order, but that is another story...i only mentioned it as our kitchen window doesn't open, trying to make it a point that our Kitchen window was a damned priority.

So, I have basically told them they can take me to court if they wish, but I'm not paying it as I never requested anyone to look at it.

Just wondering if they can force me to pay this stupid fee or not.

MonsieurFrugal

I assume you were notified you he was coming, why did you let him in?

pinkshoes

Nope, as you didn't request any action and didn't say it was broken.

Send a polite letter saying what happened and hence given they chose to investigate something that wasn't an issue, it is their bill to pay.

eld

MonsieurFrugal wrote: »

I assume you were notified you he was coming, why did you let him in?

I wasn't notified he was coming no that is another thing I am angry about.

I only spoke to him to find out why he was sent out and he showed me a proper invoice from our letting agent to say he was sent out, so it was legit as far as I could see (and obviously was since the letting agent is now getting at me).

BitterAndTwisted

What the agent will probably do is to deduct the value of the invoice from the rent when they pay it over to the landlord, consequently passing it over to him.

What I suggest you do is to WRITE, pen and paper, explaining the context and asking that the landlord addresses the actual reason why you made the observation about the extractor-fan in the first place. Re-iterate that you did not ask for anyone to call to look at the fan as that is not the root-cause of the issue, you were not advised that anyone was calling, and if you had been you could have explained what it was that really needed attention. Consequently you will not be paying their contractor's invoice either directly or indirectly.

eld

Thanks, I have drafted up a letter to send if their offices manager doesn't call me back within a day or two.

thequant

eld wrote: »

So, I have basically told them they can take me to court if they wish, but I'm not paying it as I never requested anyone to look at it.

Just wondering if they can force me to pay this stupid fee or not.

Quite right and I'm reasonably confident you will win.


However you do have a legal obligation to try and engage with a dispute to prevent it going to court. If you don't, it may have costs consequences even if you win.


So basically you need to write to them that you dispute the fee, and ask them how the alledged amount arose and under what contractual basis they believe entitles them to it.

BitterAndTwisted

Please learn a lesson from this: never discuss repair issues with the agent or the landlord over the phone without confirming it in writing.

I would mention in your letter about the call-out charge that the opening and closing of the windows has always been an issue since you moved in, and that you are concerned about possible condensation and consequent mould arising.

You don't want them trying to claim from your deposit when you leave about issues that have always been there from the start.

eld

Oh trust me, I have been at them about the issues with the windows since we moved in at the end of October last year, it is now March and the windows still haven't been fixed.

We have now had a specialist window company come out in the last 10 days to look at them and get a quote to the landlord, they are well aware of the issues with the windows as I have called and emailed them many times and multiple different people have come out to inspect the windows.

eld

Also, isn't it a legal requirement to notify me in writing of anyone visiting for any reason?

Edit > Just looked it up and yes, 24 hours notice in writing for landlord or an agent to visit the property, an electrician called out by the letting agent would be an agent for the landlord, so...think I win this one quite easily.

theartfullodger

Simply ignore their request for payment. If they try & recover it from deposit you should win.

If someone sends me a bill that isn't mine I ignore it: why waste your time on a buffoon?

Cheers!