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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We are commercial tenants whose Landlord has recently gone

Resolved Question:

We are commercial tenants whose Landlord has recently gone into receivership. The receivers have appointed a managing agent who have just presented us with an enormous bill for repair work, not carried out by the Landlord. The managing agents said that they obtained two quotes, one of which they accepted and work has commenced immediately We accept we are responsible for certain costs, but as the quotes seemed excessive, we carried out our own investigation. We have found that the 2nd quote was a forgery, and has been confirmed as such by the company whose name they used.

There are a number of issues regarding Health & Safety, and general incompetance also, but does the fact that that they have falsified a quote, put us in a position to have them removed from the works?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I confirm whether you have been advised that the second quote was a forgery in writing by the company concerned please?

Joshua :

Have you put this to the managing agents to date?

Joshua :

Is your lease a fully repairing lease?

Joshua :

How long is remaining on your lease and is it within part II or outside?

Customer:

Hello,

Customer:

Hello

Joshua :

Hello. Are you able to see my posts?

Customer:

Yes it has been confirmed in writing by the company whose details they used, they have forwarded and example of the template that they use for all quotes, and confirmed it is not one of their quote numbers and they to not carry out the type of electrical work quoted for.

Customer:

Yes this has been confirmed by the company whose information they used.

Customer:

We have not put it to the managing agent as yet, as he is been very hostile and evasive, since we asked him for details to support the addition service costs.

Joshua :

Thanks. Have you put this to the managing agents to date?

Joshua :

Is your lease a fully repairing lease?


Joshua :

How long is remaining on your lease and is it within part II or outside?


Customer:

We a group of commercial tenants, so lease vary, personally I am in the second part of 10yrs lease (with five yr breaks) but most of us have at least 3-5yrs existing

Customer:

we have have a fully reparing lease..

Joshua :

Thanks

Joshua :

The behaviour the agent is engaged in amounts to fraud and you could potentially involve the police though they may not be interested though you can threaten to involve them which may in practice be more effective than actually involving them. However leaving aside the potential criminal aspect there is precedent under civil law on the matter.

Customer:

Thank you we are going to contact the receivers that appointed them with this information.

Joshua :

The Court of Appeal decided in the case of Finchbourne v Rodrigues that service charge costs must be no more than are reasonable in the circumstances. Accordingly if the agent is proposing works which are beyond necessary maintenance provided for in the lease or more obviously are fraudulent by artificially inflating quote prices then the landlord will be unable to recover such unreasonable element of the service charges they are demanding.

Joshua :

You may wish to consider contacting the landlord's receiver directly bypassing the agent and copying in the agent advising that you you have obtained evidence of forgery of one of the quotes and asking for their urgent comment. You may go on to advise that you will consider in the circumstances involving the police in the first instance as the actions appear to amount to an offence under the Fraud Act but will delay doing so until you receive their substantive reply in particular with a revised proposed charge.

Joshua :

In any even you can consider going on to say that you will be defending any excessive claim for service charge citing the above case law.

Joshua :

Is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

Thankyou for your information, sorry, I am a shop and not always able to get to my pc. I will forward you comments to my fellow tenants and we come cak to you if anything needs clarification.

Customer:

Many thanks for now

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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