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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I wonder if you can help me. We own a flat and we have used

Resolved Question:

I wonder if you can help me. We own a flat and we have used property agents in Cambridge to look after it. The tenant left and they were in charge of the refurbishment, which included a new kitchen and bathroom. We were checking regularly on the work and were totally dissatisfied with it. It has been done appallingly by someone who clearly does not do this for a living. We have not yet paid for anything except materials. We cannot trust them to make good the damage, as they will use people who are inept. Where do we stand if we take this over ourselves, and pay someone else to do it properly. Can we refuse to pay their bills and if so, what might happen? I would be so grateful for some advice. We do not have a lot of money so we cannot afford to pay for this twice.
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,


Can you confrim - the property agents were in charge of refurbishing the kitchen and bathroom and employed contractors to do the work. The work is unsatisfactory and you wish to know what recourse you may have against 1)the contractors and/or 2)the property agents.

 

Correct?


Tom

Customer: replied 4 years ago.
Thanks for your email. We had verbally agreed that they were going to arrange for people to do the work. They then sent original costings but we said it was too much and so took on some of the work ourselves. I asked for a breakdown of the new costings for doing the work in the kitchen and bathroom but this was never forthcoming. As the work started we became increasingly dissatisfied and have expressed this along the way. All we have paid for so far has been £3000 for materials. I hope this answers your question. Thank you.
Expert:  Thomas replied 4 years ago.

If you consider that you did authorise the work to be done by the contractors but that the standard of work was carried out with less than a reasonable care and skill then you can hold them in breach of contract. Reasonable care and skill is implies under s13 of Supply of Goods and Services Act 1982.

 

If they dispute this the they can attempt to sue you for the money, with your defence still being the above. It would be for a Court to decide if the service did actually fall below the above standard and it may be that they order you to pay some, but not all of the costs. Depending on your view of the standard of the work you may seek to reach a settlement with them over the amount owing to them.

 

If you consider that the agents contracted the contractors but without your authority then you can hold the agents in breach of contract and ask them to pay or settle the fees of the contractors.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
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