WHO'S BILL IS IT?

A few month's ago my Letting Agent authorised a plumber to clear a blocked drain that I believe was caused by the tenant.  The first I knew of this was when the Agent deducted £350 from my rent cheque.  I do not see why I should have to pay this if the tenant caused the problem.  I now even wonder whether the Agents' plumber was a qualified plumber in the first place as I have yet to get a receipt for the bill.  What is my position on this?

The glib answer is that you should have come to Key-Lets in the first place, however that does not help you much now. 

Letting Agents vary in their approach to maintenance problems.  Some Agents will use their authority to instigate repairs without reference to the Landlord.  The assumption is that the Landlord delegates total responsibility to the Agent and therefore has little reason to complain when repair, maintenance or replacement costs are deducted.

Other Agents, such as Key-Lets, will try to liase with the Landlord and ensure that, as far as possible, costs are kept to a minimum.  For Agents such as ourselves the emphasis in on communication and a long-term relationship with the Landlord. 

It can sometimes be difficult to contact a Landlord at short notice and, to be fair, there will be occasions where a small problem resolved quickly will avert a larger problem if left.  Plumbing problems usually have to be resolved as soon as possible and blocked drains are no exception. 

Any professional Letting Agent will use qualified tradesmen who will supply proper invoices and receipts to the Landlord.  Such receipts can then be put against the Landlords tax liability. There is also a legal requirement when dealing with repairs, especially gas or electricity problems, that the tradesman is qualified and competent to carry out the work.  The Council for Registered Gas Installers (CORGI) issue registration numbers to qualified gas engineers.  It is illegal for anyone, such as a plumber, who is not CORGI registered to carry out gas repair work.  Indeed it is good advice to phone CORGI on 01256 372300 and check if the registration is still valid and to what level the gas fitter is qualified to. 

With any repair work it is good practice to determine blame, as the Landlord's responsibility to the tenant does not usually include situations where the tenant causes the problem.  Blocked drains are a classic example where fault has to be determined.  Specialist firms such as Dyna-Rod can use cameras to identify whether the reason for the blockage is structural (i.e. a collapsed drain) or human.  The exact reason for the repair is then added to a receipt or invoice to determine responsibility. If the Landlord is responsible for the bill then a proper invoice on headed paper may be put against the tax liability for the property.

There is a fine line between who is responsible for the bill and who is held responsible for the bill.  Whoever calls out a tradesman for repair or maintenance work is usually deemed responsible for the bill by the firm carrying out the work.  If a tenant calls out a tradesman without authority, the landlord and/or letting agent may refuse or question the final bill.   There will be occasions where the tenant will resolve the problem himself or herself, especially where they suspect that they are at fault, rather than involve a call to the Letting Agent.

Finally the Management Agreement between Letting Agent and Landlord should clearly identify the level of authority that an Agent can use when acting on behalf of the Landlord.  If you do not have a Management Agreement, and some Agents do operate on this basis, then the authority that you have vested in your Agent is ambiguous and open to abuse.