Owed Money

[Bivvysenior]

I have client (Landlord) who lives in a Manor House who's tenant asked for some work to be done in her rented cottage,
It was carried out and a invoice was sent for £48. Three months later the invoice has not paid despite sending a recorded Final demand letter for settlement.

What options are open for me to persue for payment. Its not as if they are hard up living in their Manor House. Or do I have to persue the tenant who requested this work?
I do not believe the small claims court is an option due to the amount, but i hate being ripped off So any advice welcome as long as it is legal.

[woofgang]

Who agreed that the tenant could have the work done at the landlord's expense?

[EcclesCake]

Did the Landlord approve the work before it was undertaken?

[tonywiltshire]

If the landlord ordered the work to be carried out it is probably his responsibility to pay but it depends what the repair was for it may just be a mix up and each side (Land lord & Tenant) think the other should be paying. The tenancy agreement may set out clauses which stipulate who is responsible for what repairs, the landlord’s liability will depend on the precise wording of the relevant clauses. It is usual but not fixed for the landlord to be responsible for all repairs to the outside and fixed parts of the property, and the tenant most other areas. Be sure it is a repair not an improvement a landlord does not usually have to improve a property just maintain it.
There are some grey areas such as dampness.

Remember you may lose a customer by taking action, this is the unfair part, but why should work be done for nothing ask landlord & tenant to sort out who should pay, once you have established who is responsible to pay write and ask them to pay within say 10 days, if they do not write and head your next letter “letter before legal action” and give them one month to pay. If they do not pay, and you are not put off by the small amount start your claim in your local County Court where if they lose they will also have to pay the court fees.
If you do not want to lose a customer you will have to feel ripped off, not a nice feeling.

[Bivvysenior]

Many thanks for your responses I am not sure if it was agreed between the tenant and landlord. The job was the fitting of a replacement hob unit in a kitchen. The landlord refuses to acknowledge any response so perhaps I have to go back to the tenant and make her aware that as she requested the work to be carried it will be her responsibility.

[ladybirder]

Why did the hob have to be replaced? Was it because the tenant misused it? If so then the tenant should pay for its replacement. On the other hand if it was part of the fixtures and fittings and it was not fit for purpose then I believe it is up to the LL to replace it.

[lcg]

yes, but it's not necessarily bivvy's job to determine which. i would chase the person who initially asked you to do the work.

[boxtops]

Did they ask you in writing, so you have something to refer back to? did you provide a written quote for the work, in which case someone should have accepted the quote and signed for it. If this is all verbal, then it's less clear...

[woofgang]

Well if the tenant asked you to do a job, and you did it without checking with the landlord, then the contract is between you and the tenant.....simples

[ladybirder]

I am unsure of what Bivvy's role is here. Bivvy are you managing the property on behalf of the LL?

[Twenty20]

Assuming that you are a maintenance person and not the agent to the LL, why did you carry our repairs on the instruction of a tenant? You should only be doing repairs if instructed by the LL or their agent (unless the tenant actually owns the item to be repaired).

Invoice whoever asked you do do the work.

Whether the LL lives in a manor house or a council house is irrelevant.

[Bivvysenior]

Twenty 20 You are correct it does not matter where the landlord lives I was just trying to illustrate they are not short of money.
I am a electrician who has carried out work for a Kitchen design business that the tenant works for. I assumed that when I carried out the installation it was at the request of the landlord. I am not aware who supplied the hob landlord or tenant. I have written to the tenant asking for assistance in obtaining the money from landlord but she has not responded. The request for the work to be carried out was verbal by the tenant So I will be chasing the tenant.

So

[jackthehat]

In your situation, I would chase the tenant for payment.

She can then seek reimbursement from the Landlord, if the situation is that the Landlord ought to have been responsible for the upgrade/repair.

[The Builder]

Bivvy, I would say that, in the absence of any instruction from the landlord, then you have to deal with the tenant. After all, anyone could hire a tradesman without even telling him the house was rented.