HMO tenants window was replaced without confirmation by window company, or notification to me at all. I therefore couldn't inform the tenant the work was being carried out. Where do I stand?


Wilfy50 108 2019-04-11 06:12:40

So on the 5th of March I received a quote from a window company to replace a single unit in a HMO I and my partner own. I asked when they could fit this in.

The next I heard was 7 days later, a message saying the fitter had hurt their back and they didn’t know when it could be done. Leading on to yesterday when they obviously carried out the work without notice or confirmation.

I find this incredibly odd business behaviour. Asking a business when they can fit it in is a standard part of getting multiple quotes. At no point did they receive any confirmation from me to carry out the work. In fact during this time we could have decided not to go ahead or even had it done by another business.

1: Given the old unit probably doesn’t exist now, I don’t see how they can replace the old obscured unit (it was obscured to clear replacement), so where do we stand on getting an obscure back?

2: This is slightly concerning because I don’t see how they could have replaced the window without getting access to the room, and I obviously couldn’t give notice to the tenant.

I’m not sure what we are going to do, whether to keep the window or not. I guess we will have to pay? Will we?

FartHeadTony 71 46m

I can't see how you would be liable if you didn't agree. Imagine a world where business could provide you with unwanted services and then charge for them.

From a practical point of view, I'd contact the company and explain from your side what happened and see if you can work out a mutually satisfactory outcome - given that there only option is to accept the loss, they should be amenable to a competitive replacement in translucent glass as a "good will gesture".

NochaQueese 36 30m

Have you confirmed that the work has been done? It could be a back office mixup and they haven’t actually done anything yet.

Wilfy50 23 37m

Work has been done. We haven’t spoken to the window company yet but did get confirmation from the tenant.

NochaQueese 16 44m

Damn. I wasn’t sure if you meant you had just received a bill, or if it had definitely been done!

Wilfy50 31 45m

Tell me about it. It’s like they just want to bury their heads in the sand and just give windows away. Who doesn’t confirm with the client first?

Bendy_McBendyThumb 8 4h34m

Is it at all possible that your tenant made an agreement when they turned up for quote which has led to where you are now? Or were you in attendance when they generated the quote?

Wilfy50 10 4h36m

I can’t guarantee the tenant didn’t say something they had no right to, but otherwise, negative.

jazmalinda 7 5h50m

Even if it was the tenant, surely the builder still turned up at the house ready to work (without confirmation from you) and probably just told the tenant “I’m here to replace the broken window” and the tenant let them in, hardly the tenants fault.

Bendy_McBendyThumb 3 4h42m

Is it something worth trying to establish with the tenant just so the picture is more clear to you? Just thinking of the hypothetical that they say ‘someone agreed in person’.

To another comment of yours, the cost is in the manufacture - fitting replacement glass takes honestly no more than 5 minutes to do.

Either way, I think others have given enough advice and pointers and in my opinion you’re well within your rights to tell them you’re not paying for something you didn’t agree to. It should be down to them to offer either a resolution or leave it as goodwill.

Wilfy50 5 4h44m

I’ve written an email, none threatening or agitated, essentially saying this wasn’t agreed to amongst other things, but also urging them to find any confirmation because it didn’t come from us. We’ll see what they say. I’ll try and get in touch with the tenant later. Thanks.

levenfyfe 1 12h13m

Do you still have a copy of the quote? I've had one window company ask me to sign the quote, all the while denying the text on the page said it was actually an order form, committing me to the purchase

kerstilee 2 6h11m

Just on the "no right to", a tenant does have right to have some input into when major repairs are carried out as they have a right to quiet enjoyment of the property. Obviously they cannot do things that would make it difficult for you to carry out repairs but at the end of they do actually live in the home and it is in their interests to know who is walking in and out when. Having rented for many years I would often be informed of repairs needing carried out and then make the arrangements with the contractor chosen by the landlord/agent as to exactly what time would suit (within reason)

Wilfy50 3 6h13m

Oh completely agree, that’s just kind of opposite to what’s being discussed here. The tenant can’t cause repairs and maintenance to happen at our expense but they have every right to suggest a date. We’re pretty good like that, in fact one of the frustrating things here is that we weren’t able to give the current tenant notice!

kerstilee 2 6h15m

I can imagine a situation where they came in to quote and while chatting to the tenant they said "we can come next thursday" - basically it's possible the tenant agreed to a date that they did not realise was not confirmed by you. It gets messy sometimes.

Wilfy50 1 6h16m

Sure, will hopefully have this confirmed later.

oneilldom 10 2h41m

I work in shopfitting and you are correct, this is obviously not a normal way for a business to conduct themselves.

I would go over the t&c’s of their quote with a fine tooth comb. A lot of quotes I receive have a line similar to ‘the (insert product / equipment) supplied is owned solely by (insert contractor name) until the time that full payment is received’. It’s basically a way for them to say if they don’t get paid they’ll come back and take their stuff back.

This sounds terrifying like there’s a possibility you’ll be left with no window. However if someone was to go to a property you owned and remove and dispose of a window without consent then clearly you would have a civil case against them. I don’t think you could mount a criminal case as I believe criminal damage has to be wreckless or intentional. Not sure you’d satisfy either of those if the contractor had a mix-up and believed they had been instructed.

In any case I doubt a company who accidentally put in a new window for you is going to come back and tear it out without first discussing with you. If I was your shoes I would inspect the work that has been carried out, if it is satisfactory I would consider getting the company to grant you the window for as close to free as you can get. Good luck.

Wilfy50 7 2h47m

Thanks for the advice, I may have to get my negotiating hat on. I assume that the window wouldn’t have cost them too much, but the labour and time would be the most costly to them as a business, especially since it was just a glass replacement. I pondering that, it would cost them more to come and take it out than say giving us 80% off for example. I think the glass was £90 fitted from memory, I’ve no access to the invoice at the moment.

oneilldom 2 3h37m

Precisely. And I’d imagine their fitters are on their books so it’s likely an overhead for them so won’t leave them out of pocket in the same way it would if they’d hired an agency joiner.

Either way if it’s simply the pane they’ve replaced then the sums are relatively small (>£100) so you might get a freebie.

ayeitsmeee 5 3h11m

That stipulation in the ts and cs is null and void, once its fitted to your property, you own it. If a building builds you a full extension and you dont pay for it, they aren't entitled to come and knock it down because it belongs to them. Reason being is that it doesn't, builder must take you to court to claim from you

oneilldom 3 3h35m

Thanks for the extra info. I deal predominantly with shopfitting not building works where the property is owned/operated by a third party so my experience may differ.

Now I think about it if OP didn’t accept the quote then the t&c’s wouldn’t apply anyway.

ILoveSleepingUK 4 6h8m

Would love an update to this one when you do get the chance. Crazy world we live in sometimes

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