OK, prefaced to say that I'm 'Asking for a friend' as i cunt a4d to be a landlord...
EXHIBIT A) MAINBOARD - Hidden away under counter.
EXHIBIT B) Switch in question, that tenant activated.
Anyway, tenant rings up letting agent, and reports the extractor hood above the oven in the kitchen, has completely stopped working. Letting agent contacts landlord, to request permission to send a contractor out to fix problem.
Landlord says please send someone, and is more than happy to pay whatever fee is needed to replace / mend faulty equipment...
Contractor arrives a day or so later (
NON Emergency Call Out) only to find that someone in the household has turned off the switch on the wall, next to the extractor hood. Contractor switches it back on, everything works perfectly, and he leaves.
Now contractor decides to charge a £49.95 ($68.00) call out fee. Letting agent doesn't even contact landlord, because there was no fault with the equipment, so passes fee onto the tenant to pay.
Now, putting the extortionate call out fee aside, (cause that's another issue) tenant refuses to pay, and here is the reason. The small switch by the hood wasn't 'clearly marked' like the one on the mainboard - However, the mainboard is hidden away from sight, under a kitchen counter, and it's not normal to have signs on switches in high(er) end kitchens in the UK.
The contractor however has to be paid - So what is fair? Please vote above:
1) Tenant: They flicked the switch, and the equipment was in no way at fault?
2) Landlord: Dunno why, but the tenant seems to think the landlord should pay...
3) Landlord and Tenant split the bill 50/50 and just chalk it up to experience?
4) Other - Please post in thread
Needless the say, landlord has instructed letting agent to never use that contractor again on any of their properties, but it's not so much the money, as much as its really a case of principles at play here. Landlord was happy to fix anything that was wrong (as he should do) but nothing WAS wrong, and it was 100% the fault of the tenant...
So what would you rule if you were 'Judge Judy'???
Like I say, just curious, and 'asking 4 a fweind' before offices reopen on Monday and the issue gets dealt with
Cheers ! Appreciate opinions
EDITED to add that the tenant has been in the property for over 9 months. Had they just moved in, my opinions would be different. Also my opinion is that 50/50 is fair.