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To think I should not be asked to pay for this mistake?

(86 Posts)
Flossyfloof Thu 21-Jan-16 07:06:29

i own a little property which I rent out.
A few weeks ago I noticed that the perfectly good garden gate had been replaced with a new one asked my agent to find out what was going on.
It turns out that next-doors gate had come down and their contractor replaced my gate whilst they were at it. There were two matching gates into my property and although the new gate is fine it doesn't match. I had no plans to replace the gate and no contact was made with my tenant nor my agent.
After a few calls back and forth, the agent managing next-door is suggesting that the gate looks great and that as my neighbour has paid for the work ( which they admit has been done in error) I should make a financial contribution towards it as a goodwill gesture.
If I am not willing to do this they will get the gate removed and I will have to get my own gate put up.
I don't think I should be being asked to pay and since I don't want to pay I think they should arrange for my gate to be reinstated at no cost to me,
Aibu?

Sandalwearingdoglady Thu 21-Jan-16 07:08:45

You're absolutely not being unreasonable. That's mad!

MiniCooperLover Thu 21-Jan-16 07:09:28

YANBU! Where is your old gate ?? Can it be rehung?

RidersOnTheStorm Thu 21-Jan-16 07:09:49

Crazy YANBU

GloriaHotcakes Thu 21-Jan-16 07:09:57

Message withdrawn at poster's request.

Floralnomad Thu 21-Jan-16 07:10:14

YANBU why should you pay when you neither asked for the gate or needed it .

GloGirl Thu 21-Jan-16 07:10:16

YANBU! But I have no idea of how to get what you want legally, but I am sure they're under obligation to return your property to what it was before.

Flossyfloof Thu 21-Jan-16 07:11:50

Yea but they are saying that I would have to be responsible for that. Sorry should have said they are saying that my fence post was rotten and had pulled their gate down and my gate was hanging off. I certainly had not noticed this, the tent hadn't reported anything and if I saw that a neighbours fence or post had damaged my property the first thing I would do is contact them.

louisejxxx Thu 21-Jan-16 07:12:24

YANBU. If they take down the new one then they should be putting the old one back up as it was their error in the first place!

toastyarmadillo Thu 21-Jan-16 07:12:29

Don't pay, they should pay to reinstate the correct gate, they clearly didn't have permission to change it any way. Does this not come under wilful damage, they effectively stole your property and added something that matched their property?

Flossyfloof Thu 21-Jan-16 07:14:51

Sorry yes to the old gate still being there.
I actually phoned their agent myself and was astonished that they were a bit arsey with me and were looking for a compromise (i.e. I pay £50 to compensate the neighbours ).
I emailed pointing out basically what I said in the op ( but I cut the op down a bit to avoid boring you).

Flossyfloof Thu 21-Jan-16 07:16:36

The gate doesn't even bloody match! Not my fence and not their gate, which is right next to it. Completely different heights and different style. I think the contractor had the gate knocking around and decided to get rid of it

DoreenLethal Thu 21-Jan-16 07:17:15

No - they need to make good by reinstating a matching gate and they should have contacted you before doing any work.

Gobbolino6 Thu 21-Jan-16 07:18:41

YANBU. Tell them to take the sodding gate away.

londonrach Thu 21-Jan-16 07:27:02

No you shouldnt pay. They should replace gate like for like. Yanbu. The managing agent sounds unhinged if they think what they suggest is ok.

Sandalwearingdoglady Thu 21-Jan-16 07:28:24

Even if your post were rotten, they should still have checked with you before commencing work. And surely that work would just involve a new post and rehanging your old gate?

sooperdooper Thu 21-Jan-16 07:31:13

They're being ridiculous! Of course yanbu, they should put your gate back up at no cost to you, I can't for the life of me work out why they've meddled with it in the first place

Flossyfloof Thu 21-Jan-16 07:32:40

Hahaha - unhinged - I see what you did there!! Can I use that in my next email to them, Londonrach?
When I phoned the agent myself I spoke to the manager, who I have met before and who seemed pleasant and reasonable, I was honestly expecting him so say " oh goodness me no, the employee in question has got it wrong, of course you shouldn't be being asked to pay" . In fact he knew all about it, we slightly in the arsey side and just said they were looking for a compromise. Was obviously pissed off when I wouldn't play ball. Since then though I have begun to doubt myself.
They kind of thing they have said is
- human error, we all make mistakes, don't we?
- to recoup some of their clients costs
- the gate looks good ( maybe so, but it wasn't my choice of gate and it wasn't my choice to have it in the first place !
- they are looking for a goodwill gesture from me

LaurieFairyCake Thu 21-Jan-16 07:34:00

They can't touch the 'new' gate either without your permission.

I'd send them a 'cease and desist' letter telling them to leave your property alone.

BubsandMoo Thu 21-Jan-16 07:35:15

Could you get some legal advice? It sounds like potentially theft/damage offences have been committed; if a solicitor agreed with me I'd be writing a strongly worded letter to the contractor, giving them a short deadline to outline to me how they were going to fully repair/replace the alterations they had made to your property without consent, or you would be looking to make a claim against them on the grounds of whichever parts of the theft/damage laws applied here.

Flossyfloof Thu 21-Jan-16 07:35:20

Having spoken to the manager and received the latest email from them I was honestly starting to doubt myself! They are making me out to be completely unreasonable, £50 only covers some of the cost, it would be a goodwill gesture - but I am not feeling the goodwill coming back on me!

BubsandMoo Thu 21-Jan-16 07:38:42

They don't need a goodwill gesture from you! The other way around! How long are you tied in with the agent, and have they broken any of thre clauses in your contract with them- can you leave them and find another agent on the back of this?

Do keep everything in email form though, follow up phone calls already made with a "to confirm and summarise our earlier conversation" email; things that are said on the phone can be denied.

Flossyfloof Thu 21-Jan-16 07:39:30

Why can't they touch the new gate, Laurie? Are they assumed to have given it to me? They have already trespassed, I think and caused damage to my property, haven't they? Even if they replace the old gate there will now be extra hole in the post.
It is a better, more secure gate so if I am now the legal owner, that would be a bit of a result! ( only joking, it still doesn't match the other gate and it still leaves me with the problem of storing the previous gate, which does match)

gingerdad Thu 21-Jan-16 07:39:46

Id be invoicing them to replace your gate like for like with the original one.

YellowDinosaur Thu 21-Jan-16 07:40:08

I'd be replying saying that I would not make any 'goodwill' gesture towards people who have damaged my property and now expect me to pay for it. I'd be absolutely clear that I was paying nothing towards a gate I didn't want, didn't match my property, and had been installed without discussion and consent. And that if they didn't replace my gate within the next 7 days I would be seeking legal advice.

They are taking the fucking piss!

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