My plumber keeps not turning up to fix my bathroom. So far, he’s made excuses — but I want him to do the job. Can I demand money off the bill?
T. M., London.
Dean Dunham replies: This is a common complaint when it comes to the likes of builders, electricians and plumbers.
If you had a firm date agreed for the start and completion of the job, there would technically now be a breach of contract as the agreed date would have formed a term of the contract.
However, traders usually steer clear of agreeing dates and in these circumstances you have to turn to the law and the Consumer Rights Act 2015.
Excuses: A reader is struggling to get a plumber to turn up and fix her bathroom as arranged
Section 52 of the Act says where no date is agreed for the ‘performance of a service’, the default position is that the work must be carried out ‘within a reasonable time’.
What amounts to ‘reasonable’ depends on the circumstances, but where the trader has consistently failed to show up, as here, it probably moves into the boundaries outside of ‘reasonable’.
So with the law on your side, you next need to consider what remedy you are entitled to for the breach.
You’ll find Section 54 of the Consumer Rights Act provides the answer. It gives the consumer the potential right to a price reduction to reflect the breach, to ask the trader to start the job (known in law as ‘specific performance’) or to end the contract and claim back any money already paid.
The first two remedies can be difficult to enforce in circumstances where you want the trader to carry on with the job, as they will often reject such a claim and these are not matters you would want to take to court.
If, however, you decide to end the contract, you would be on solid ground to do so and claim any deposit or advance payments back.
Rental regulations
I want to rent out a bedroom in our house. What is the law on charging rent?
A. S., Harrogate.
Dean Dunham replies: You will be taxed on the profit you make from the letting over and above your personal tax allowances. This is calculated by setting against the rent the expenses of letting.
This includes things such as replacing fixtures or furniture, or a ‘wear and tear’ allowance.
Alternatively, a resident landlord can take advantage of the Rent A Room allowance; but only if the let is of furnished rooms rather than for example, a whole converted flat which is part of the house.
Under this allowance, the gross income received (up to £7,500) from letting is tax-free. If you receive the single-person discount on your council tax, this will cease, causing your bill to increase.
You should also consider if you are legally entitled to rent out a room, or if you need permission from a third party.
If you’re a tenant, there may be a prohibition from sub-letting in your tenancy agreement or it may say you need your landlord’s consent.
Similarly, if you are in a shared ownership, your agreement may prohibit sub-letting or require you to obtain consent.
The position is usually clearer if you own your home, but you may still need to obtain consent from your mortgage provider, if applicable.
Finally, if you do rent a room out, make sure you enter into a tenancy agreement with the lodger. Failure to do so could make it difficult to evict them if it doesn’t work out, although the law does treat ‘resident landlords’ with some leniency.
As such, the law provides greater freedom to end an arrangement because it is acknowledged that, should the relationship break down between the landlord and the person he or she lets to, the landlord is more vulnerable in his or her own home.
You also need to consider the effect of a lodger on your home insurance as this is material information that you should really disclose to the provider, following which it is likely you will receive an increase to your premium.
Failure to disclose could cause your provider to reject a future claim.
- Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email [email protected]. No legal responsibility can be accepted by the Daily Mail for answers given.