Nitebob
We recently (well last September) moved into a house. The house had a fire and had to undergo a serious renovation.
Long story short, an alarm system from ADT was installed. I gave them my debit order details but made it clear (and checked what I signed) that the installation was for the home owners account but I'll pay the subscription.
I was contacted today by ADT saying that half the amount was still outstanding. I referred them to the owner, which referred them back to me.
Should I pay for half of the installation and hardware?
After all, should I move, I can't take half of it with me?
NB
IceCreamMan
Installation should be for the owner, however if you have agreed with the owner you would pay then its obviously your bill.
tenants often add features they would like to a house an in such cases its for their account.
Nitebob
My point exactly!
I wasn't even aware that there was an alarm system to be fitted. The guys just arrived there one day, to do installation...
AlanRatcliffe
Who wanted it installed? If you did, then all equipment costs and installation fees are on you, unless the owner specifically agreed to pay for it and this is mentioned in the lease agreement. You must have the owners permission to install it, but this does not automatically mean that they must pay for it.
Even if you paid for the system and installation, it's a modification to the house, so you must leave it there when you move (or, at least it is at the owner's discretion).
If the owner wanted it installed, then all equipment and installation costs are theirs.
As far as ADT are concerned, whoever ordered it and signed the contract has to pay for it.
Ray
ADT armed response is steep. I am with them and scouting around. Plenty less expensive (and reputable) options. A whole lot of years back we went ADT and they threw an alarm system in with the deal. When I opt out, then they will come and get their alarm system and the new bunch will install theirs. Sounds like something fishy on the go here if you ask me. Why dont you say you dont want to pay for ADT armed response. Let them come and fetch their system. Then you go for another company who will throw in an installation as part of the deal?
doc-phil
If you make an improvement to a property or perform necessary maintenance in which you are the bona fide possessor (but not the owner) you hold an improvement lien over that property until such time as being compensated for it. It's pretty much the same as a builder's lien, and is quite a strong right in law. It even reduces an owner's dominion of the property (meaning should the owner sell the property s/he is only entitled to sell that property subject to the lien).
It basically comes down to unjust enrichment. If you pay for the installation of something that improves another's property, that person becomes unjustifiably enriched at your expense.
Additions/improvements in most lease agreements are subject to the landlord's consent, however, so if you had been the one to perform the installation without the landlord's consent, it's possible your compensation would come in the form of having to remove the system and restore the property to it's original state.
If you weren't the one who requested the installation, you shouldn't have to pay for it at all (the installation, that is). If you now have to end up paying half for the installation, you're entitled to be compensated for what you paid, even prior to the lease agreement terminating. Even if the installation fee is separate from the purchase price of the actual equipment (which I do not think is the case, the same still applies).
(PS... had you approached me at work, this would have cost you a 0.2 (12 minutes) of my time = R280.00 + VAT) ?
Nitebob
That's what cooks my bacon!
If the house hadn't burned and had the alarm system already installed, I wouldn't have to pay half the installation and hardware.
We never asked for the alarm to be installed. We were told they were coming to install it. There was also an alarm before the fire. Thus (actually) the insurance should be paying for it (and probably did)
The original 'work order' should in fact have the landlords name on so I'm not sure how it came to be on my ADT account. When the guy came to do the installation I also told him, I'm not going to sign for the installation as I won't be paying it...
We were visited later by a rep where I signed for the armed response and monitoring...
