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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi Could you help me with this problem. Several months

Customer Question

Hi

Could you help me with this problem.

Several months ago I got involved with a letting agency to let a property which I co own with my mother who has now left to live with my sister.

The letting agency (LS Lettings) I found out later was a only a single person. The reason I got involved with is that he promised to do the repairs necessary to bring it up to a letting standard. I was under the impression that he would organize a contractors to do the works.
Unfortunately the guy he got made a really bodge job so when the letting agency asked fro £1000 upfront I refused. I have now been left with making good his very poor workmanship.
The one man band builder now chasing for money but I am refusing to pay (although I will settle at some time) but my contention is that any I employed the letting agency not the builder as it was he who instructed the builder to start and stop works and all estimates came through LS Lettings via the builder. Even invoices was to be paid to LS Lettings.
Technically who do I have an agreement/Contract with if any.
I have a number of witnesses (who are prepared to testify in court) and photographic evidence of the poor workmanship.

Note this is the latest email sent by LS Lettings

LS Lettings
15:08 (0 minutes ago)

to Workrite, me
Hi Bernie,

Many thanks for your email below. After our conversation recently I feel I need to make the position clear of this very unfortunate situation that we find ourselves in as it seems to be causing you much stress and confusement and us more work than is necessary.

You state/stated that you employed LS Lettings to carry out the works and therefore any contract you have is with us.
To clarify this situation, we had only ever recommended Nathan from Workrite for you to use if you so wished and this was only in part, not for the whole works. This was ultimately your choice. I strongly stated that it would be a lot of work for one person within a set time frame and I made my case very clear to you as it would be a concern to me if the property was not finished in time for one of our waiting tenants, this has now obviously come true as the project is greatly lacking final completion and without a completion date from you makes the whole possibility of renting out very difficult. This was explained verbally in person and in written format for which we and you have a copy of. Against my advice you felt fit to use Nathan for the entirety of the works listed and you stated categorically to me that you ‘wanted’ him to do the lot. This is your wish and therefore your demand, I can only ever advise and help where possible.

Prior to you employing Nathan I had already stated in an email to you on 20th September 2013 that “I have some of the quotes in so far but as you can imagine there is a lot of work to do and by various qualified experts in this field.” This already states my advice on this and that it would and should be carried out by various contractors within this field – ie, not just one person.

Also to clarify this situation of misinterpretation between yourself and us and believing you employed us rather than Nathan (Workrite Property Services). This agreement was only if you were signed under our fully managed agreement, at this point we would then work closely with any and all contractors and except all liability for works to be done. We would have also ensured the works would have been carried out to a satisfactory standard ready for us to rent out to an appropriate tenants/s. You’ll find this noted in an email sent to you dated 20th September 2013 – “As also agreed with you at the property we would be happy to conduct these works (subject to final evaluation) at no immediate cost to you providing that we have the property under our fully managed agreement.” As you are aware, you did not choose for this to commence and after such deliberations we then felt that it was not right for us to be involved in until such a time you had made clear what it was you wished to achieve. It was at this time that all quotations had Workrite Property Services title above for your perusal unlike the first lot of quotes that bore our name. It was also during these discussions that it was clear that payments of instalments would have to be agreed and this was duly done at a meeting between you and Nathan with me present. PLEASE NOTE: We would only undertake such works that are under our management agreement and therefore our control. This was not the case and as you are aware, you and Nathan had liaised together on many occasions and therefore all agreements were strictly between you and him.

To help prevent this situation from going to court and us, Nathan and yourself having to provide evidence to the contrary – please refer back to all the quotations and primary meetings you have had to date. You will find that these are all in the name of
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is it you want to achieve please?

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