Full Management repairs responsibilities

Landlord Discussion
1

Hi All

We had to do some major repairs at our flat - rented out to a couple. These were associated with a partial ceiling collapse (so needed remove old bits, replaster, repaint).

Flat is fully managed.

The agent says he is doing us a favour and helping to manage repairs (rather than delivering on their contractual responsibility) because apparently full management only includes minor/basic repairs (these are c.£2k+ worth of works).

I am looking at our contract and it does say something like this:

(xiv) Arranging for the remedy of defects which are
the landlord’s responsibility of the landlord under
the tenancy, that come to our notice or are
notified to us by the Tenant and deal with routine
repairs up to a maximum cost of £300 inclusive of
VAT (£250 plus VAT) per item.

(xv) Our responsibility in relation to property
maintenance, ends where the landlord’s liability
ends as our role is in managing the “tenancy” not
the land (property)

It then says something about:

We will seek your approval and if necessary,
obtain and submit estimates to you, for any
relevant works for which we cover and you are
liable up to the cost of no more than £300
inclusive of VAT (£250 plus VAT) per item.
However, when you sign these Terms and
Conditions you are confirming that in the case of
an emergency, we have your authority to
undertake such necessary maintenance to protect
and secure your Property even if such repairs
exceed £300 inclusive of VAT (£250 plus VAT)
per item.

So in essence, they are not managing property under full management, whereas I assume they do and for amounts lower than 200 they do it themselves, for the amounts above - ask our permission.

Have I got this wrong by choosing this agency as I must admit my assumption of ‘fully managed’ was that this include ALL repairs. They are treating this as ‘Extra-ordinary management’…

Have you come across this before?

2

It doesn’t sound like full management to me. I assume you didn’t read the contract before you signed (why?), as their offering seems clear in the terms.

I’m not sure you have many options unless their advertising pitched their services to be different to the contract, in which case you might argue you have been mis-sold, so I’d double check all emails etc & advertising material you have retained to see what you were told before you signed.

Regardless though, if they don’t accept your complaint, you’ll have to read the rest of the contract & decide if you wish to terminate etc

Never a reason to assume, when you have a written contract to read before signing.

3

they fully manage repairs up to £300. Anything above that is up to LL.

Seems clear to me.