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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11819
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Unauthorised work done on my property, now asked to

Resolved Question:

Unauthorised work done on my property, now asked to "contribute".
Hi,
I am the owner of a house which we will call property A. My brother is renting property B, which is attached to property A. Property B is owned by an other person and managed through a letting agency. I am guarantor for my brother at property B.
When my brother moved in property B, we noticed straight away a serious leak from the ceiling in the bathroom, and notified the letting agent, we also sent pictures. This was in January. The letting agent has been very reluctant to proceed with repairs in general, but we managed to convince him to send someone in March. The roofer who came said that part of the roof (which is flat) was in very poor condition, and there was a risk of collapse. That flat area of 5m x 4m is actually shared between both property A (mine) and property B (the rented one). However, I have never had any leak issues in property A.
For some reason the letting agent dragged his feet again, and sent an other roofer, who came up with the same diagnostic He also said parts of my side of the roof my need replacing as well. This was a verbal conversation, and at the time I said it shouldn't be an issue, but I wanted to see some quotes.
A scaffolding was put in place a couple of weeks ago, but not having been contacted regarding my side of the roof, I didn't think repair work was needed fr my property. The roofer employees came working yesterday and stripped the whole roof, and removed our skylight. When we noticed they were working on our roof as well, I went to talk to the employees, to ask what was going on, and they said they were just following their boss orders. We then contacted the letting agent, who said he had sent me an email 4 weeks before (which I never received), and that we would need to contribute with the repairs. I pointed to the letting agent that I had not signed anything, seen any quote or even contract, and asking us to pay a contribution when there was no visible issue on our side was really odd.
We received another email later yesterday, from the letting agent again, asking to meet up to settle that contribution, but also telling us that our skylight was "rotten" (it was plastic, so I am not sure how plastic can rot... ) so to have it replaced, it would cost us an extra £300. He didn't mention what would happen if we didn't want it replaced (leave a hole in the roof, board it up?).
Where they allowed to make repairs on my property without even asking us first or getting us to agree to a quote? They have taken away the skylight, so now it feels like we are blackmailed into paying for it. What can we do?
Thanks in advance,
Julien.
Submitted: 11 months ago.
Category: Property Law
Expert:  chatham-chamber replied 11 months ago.

Hi,

I would suggest that you inform the agents that you refuse to pay as your consent was not obtained. Further, you should inform the agent that unless they make good any damage caused by their contractors, you will pursue the matter through the courts.

The agent cannot make you pay. If you fail to agree, either party will have the right to issue proceedings through the courts.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

Customer: replied 11 months ago.
Hi,Thank you for your prompt reply. Would you have the name of the law(s) I could point the agent to please?Thanks,
Julien.
Expert:  chatham-chamber replied 11 months ago.

Hi,

There is no specific legislation and it is based on common law, that is established caselaw over the years.

In any event, if you refuse to meet the agents demands, they will have to issue proceedings against you to recover the sum demanded. You will have an opportunity to submit a defence and counterclaim and it will then be to a county court judge to make the final decision.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11819
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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