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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69995
Experience:  Over 5 years in practice
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i have issues with a Property Management services. I feel that

Resolved Question:

i have issues with a Property Management services. I feel that i haven't had the service and decided to terminate the contract.
A brief outline,:
1) taking to long paying me - 7 to 8 days.
2) Maintenance Dept, not sorting out issues and not very helpful. I used one of their service guy and he informed that i needed an electric shower. Wasn't happy, took the responsibility of this and the real issue was that i had a faulty cap inside the tap.
Because i was unhappy, i decided to terminate the contract. I gave them one months notice and they said that i needed to give them two months and a terminating fee of £852.
I have tried to sort this out by myself but didn't get anywhere. I live in Warwick and went to a law walk in centre. I went in to see them 2nd December and got a reply today after chasing them for two weeks. I am not very with the outcome and i want a second opinion.
Can you help.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

I have given them two months notice period and i don't want to paid them anything else. I just want get rid of them.

i don't want pay the £852. The monthly commission the get is approx. £100, inclusive of vat. So i don't understand where they come up with this figure.

The other solicitor said to write to them asking them to reduce the fee. The likely of them doing this is zero if i wrote to them, I feel that they are trying to intimate me but if i had a solitor doing the letter for me, they probably will take more notice.

Customer: replied 2 years ago.

Have you received my response to your question?

Expert:  Jo C. replied 2 years ago.

They cannot charge you a fee to get out of the contract.

They may be entitled to a notice period but of the notice period is not specified in the contract, it must be reasonable and that would probably be one month.

If they are carrying out this maintenance and you were told that you needed a new shower whereas in actual fact you didn’t, they are in breach of the provisions of the Supply of Goods and Services Act for failing to carry out the job with reasonable care and skill. They are also in breach of contract and if this costs you money, you are entitled to damages (compensation) from them.

My suggestion would be to write to them with a cheque for a smaller sum (perhaps £200), don’t make an offer and don’t ask them to reduce the fee. Tell them that you are offering this sum in full and final settlement of any claims that they have against you and that by cashing it, they are accepting it as such. I would also tell them that if they don’t accept it, they should return it to you without banking it.

They are likely to simply put the cheque in the bank and in the event they decide to chase you for the money, you can produce your letter and the cash to check as proof of what was agreed.

If you think they are so incompetent that you don’t want to pay them anything, they are going to have to sue you in the Small Claims Court and you are going to have defend them and to counterclaim for any losses that you have incurred as a result of their incompetence.

If this fee of £800 or so that they are charging is in respect of a period of time until the end of the contract, they are not entitled to recover all of that money if they have not provided the service but what they would be entitled to at best is their lack of profit that they would have made had they provided the service.

I agree that a solicitors letter may have more influence but in that respect, you would probably be better using a local firm

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69995
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes please, i just need clarification on the one months fee, see below:

"They may be entitled to a notice period but of the notice period is not specified in the contract, it must be reasonable and that would probably be one month."

Question:

1) The rent due to me is £775 and they receive 10% plus vat. Is the amount that you are referring to £775 or the one's commission?

2) Do you provide the service for writing a letter?

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