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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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

85 replies

Flossyfloof · 21/01/2016 07:06

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?

OP posts:
SpaceDinosaur · 21/01/2016 07:46

I'd write them a letter spelling it out. I'd also go bat shit.

I pay for you to manage my property, ensure smooth communication between my tenant and myself. In the event of an emergency, you have permission to authorise emergency work (as stated in paragraph XXXX of our contract)

You do not have my permission, written or otherwise to make or authorise unnecessary permanent cosmetic adjustments to my property. As I have communicated. I am unhappy that you have installed an item in my property which was wholly unnecessary. Permission was not sought, permission was not gained and I expect my property to be returned to it's original state as you have grossly overstepped your role.

I am disgusted that in addition to making permanent adjustments to my property without my written or verbal consent, your company have, in addition, requested that I pay for their error.

This is entirely unacceptable.
I request that my property is returned to it's original state.

...out of interest, if you chose to reprint the outside of my house, would you expect me to pay for it? What is your "line" when trying to spend money without permission?

SpaceDinosaur · 21/01/2016 07:52

Thread moved whilst I was writing.

So it's not your agent who damaged your property, it's another agent?

Who gave permission? Do your agent say "yeah ok"

I bet that the worker who was going to replace neighbours gate for the wrong address and did yours and now they're trying to make out "it's everyone's fault but mine"

I would contact your agent in the above vein and expect them to fix and resolve everything. And if they rehang the gate to replace the post if more holes have been screwed. After all, it's no longer waterproof and will go manky.

goddessofsmallthings · 21/01/2016 07:53

YANBU and I strongly advise you put 2 fingers up not to make an financial gesture of goodwill as doing so would be tantamount to admitting liability for the alleged rotten fence post.

Instruct next door's managing agent in writing to remove the gate and reinstate yours by a given date.

If they fail to carry out the work pay a contractor/workman to remove the current gate and reinstate your gate and send the agent the bill. If the bill remains unpaid for longer than 30 days, send a reminder stating that you will institute proceedings in the County Court if payment is not received within 7 days.

If payment is not forthcoming file a claim against the owner of the property in the Small Claims Court for reimbursement
www.gov.uk/make-court-claim-for-money/overview

BeaufortBelle · 21/01/2016 07:55

I'm going against the grain here. If your fence post was rotten and vicariously damaged the neighbour's gate then I think you are being unreasonable. I imagine the fence post would have cost more than £50 to replace because of the removal, digging down and setting in. It was your responsibility to maintain it. I'd apologise in your shoes for causing inconvenience and thank them fir minimising inconvenience to the neighbours. Then I'd gently ask them to rehang the old gate if it's in a fit state.

They could have approached you for the full cost of repair to your post, the fence and the neighbour's gate so I think you are being very unreasonable.

Original poster
Flossyfloof · 21/01/2016 07:58

No permission sought from anyone, I only noticed it when I did a drive by. My tenant is young and I don't think she realised that if any work is being done she would need to be informed. I hadn't thought about the contractor having mistaken the address. The bins are marked though and are usually kept next to the gate so it wouldn't have been too difficult to check.

OP posts:
LaurieFairyCake · 21/01/2016 07:58

They couldn't have approached her for the full cost without telling her there was a problem and giving her the chance to fix it.

And yes, the gate is now on your property OP, they can't just remove it.

Original poster
Flossyfloof · 21/01/2016 08:00

But Beaufortbelle they didn't approach me! If they had and the post was rotten then I would have got it sorted myself, using my own contractor and rehung my own gate!

OP posts:
Diamogs · 21/01/2016 08:00

They should have approached you via your agent first before doing anything. Yanbu

londonrach · 21/01/2016 08:04

Flossy...of course you can. Grin

MangoBiscuit · 21/01/2016 08:10

Bloody hell, what a cheek! Surely they should be paying you, to reimburse the costs of putting right their mistake. I'd get a quote for someone to re-hang your original gate, and ask them to pay. Angry

MumOnTheRunCatchingUp · 21/01/2016 08:15

Belle you've either missed the part where op says she does t think post was damaged OR you are doing that MN thing of trying to be different ( when you are only clutching at straws) but really, it's glaringly obvious op has done nothing wrong

limitedperiodonly · 21/01/2016 08:21

I wouldn't bother arguing with your neighbour's agent any more.

I'd confirm with your agent that you will not be paying for any of this work. Decide whether you want the old gate reinstated at your neighbour's expense or are willing to keep the new one for nothing. They need to dispose of one or the other, also at their expense.

Then let your agent deal with it and keep you updated. That's what you're paying her for.

Collaborate · 21/01/2016 08:30

I don't understand how your fence post being rotten could have damaged next door's gate.

Unless of course their gate is also attached to your fence post.

If they have the legal right to attach their gate to your post, they can theoretically replace the post but can't go and replace the gate as they see fit.

I suggest the compromise you offer them is that you won't sue them in small claims for the cost of repairing their fuckwittedness if they arrange for the original gate to be rehung.

43percentburnt · 21/01/2016 08:31

Do you have legal protection in your landlords building/contents policy? Or do you work for a corporate company and have legal cover as a perk? If so that's the first call I would make today.

Do not call their agent again, I expect someone has made an error at the agents, got no luck speaking to your agent and hoped you would be a softer touch!

Have you asked your agent about the legalities of removing your gate? Not the morality/good will of going halves but legally where you stand.

GhoulWithADragonTattoo · 21/01/2016 08:32

They've cocked up and they are trying to pass the costs of that on to you. I'd tell them to come back and rehang your old gate and take the new one away. I suppose you could cover the cost of the replacement post if you are feeling kind and the new one is in good nick. But they should have checked even if was rotten.

MetalMidget · 21/01/2016 08:57

So, let me get this straight - an agent came on to your property, made alterations without informing you or getting your consent... and expect you to pay for it? Tell the bloody cheeky sods to jog on!

Even if your fence was rotten and they couldn't fix their side with impacting on yours, they should have contacted you to discuss the issue and to come to an agreement (including which contractor to use, what materials, and the final cost, etc).

Tell them that you won't pay for their incompetence, and that if they want it, they can have their gate back, but you'll be expecting them to restore your fence and the gate back to its previous condition, at their cost.

lighteningirl · 21/01/2016 08:57

Maybe start checking your property regularly as well fence posts don't rot overnight and aren't cheap to repair. As a ll I'd actually take a bit of responsibility here and if the original gate is still there just rehang it, if you can't do that yourself ask the guy to do it and I would offer a goodwill payment if he did. If the gate is gone or too damaged to rehang (quite possible if it's been attached to a rotten fence post) I would pay for a matching gate on the other side and feel lucky I'd had a rotten post replaced cheaply. But I wouldn't pay any tradesman for a job I hadn't requested or authorised.

LemonBreeland · 21/01/2016 09:17

You need to write to them and clearly state in no uncertain terms that you wish for your gate to be rehung at their expense. You have no need for any goodwill. They need to sort out their error. It doesn't matter if your fence post was rotten or not frankly. THey shoudl have contacted you if that was the case.

I would be going batshit until this was sorted out. I can't believe there are some people on this thread asking you to compromise. You have done nothing wrong, and for the other agent to ask you to pay towards something they had somebody do in error is completely bonkers.

diddl · 21/01/2016 09:20

They should have contacted you.

Presumably though if the post was still usable they would have reused it?

Anotherusername1 · 21/01/2016 09:27

I wouldn't engage with them. They're not going to take you to court over £50 and they'd be on a very sticky wicket. Just ignore them and replace the gate when it suits you. It may not match but at least you have a new one. I'd not pay anything towards work I'd neither requested nor authorised either.

SoupDragon · 21/01/2016 09:40

I would just rehang my gate and refuse to pay for the cost of them changing it in the first place. I'm not sure I could be arsed to try to get them to pay to rehang it. I doubt rehanging a gate is very difficult.

ManneryTowers · 21/01/2016 09:41

The agent has royally messed up and is trying to avoid passing on the additional costs to their own client, the owner of the property next door. I wouldn't be surprised if they didn't even know about the whole thing.
They have an incredible brass neck to ask for a 'good will gesture'. Don't pay them. Technically there has been trespass and criminal damage. But in the real world, there is no point in pursuing that. Decide whether you want to keep the new gate. If you do, fine. If you don't, then get three estimates from contractors to have the old gate rehung, get your agent to pass them
to the other agent and ask them to choose which one they will be paying for.

SoupDragon · 21/01/2016 09:42

I would assume the cost of rehanging my gate was balanced by not having to pay to replace my rotten post

Shelby2010 · 21/01/2016 09:42

If it was the agents that arranged the work then I expect the neighbours will insist their agent pays for the mistake, and it is the agents own costs they are trying to recoup.

I would reply that as a goodwill gesture you will allow the gate to remain rather than them incur the additional cost of making good their mistake. Otherwise they need to rehang the old gate at their own expense or you will be suing them for wilfull damage to your property.

Also I would send the email either via or copied to your agent with the additional note that in future they are to contact your agent & not yourself. Presumably you pay the agent good money to sort this kind of hassle out?!

NinjaBiscuit · 21/01/2016 09:56

Your neighbours agent shoud suck it up - their mistake, they pay. Surely, as agents(!) this sort of thing is their bread and butter. The should have known to contact you or your agent to ask for permission before the work was done?! The only possible justification they might have is if they think they had ownership of the post, therefore from their perspective you've got a free gate so payment towards it would be nice. But your posts don't imply that can be the case. Don't deal with them anymore - go through your agent. That is what you pay her for. Good luck!