When Work Goes Wrong
What the Consumer Rights Act 2015 actually promises when a tradesperson's work falls short, and the order in which remedies apply.
Photo: Tomwsulcer via Wikimedia Commons, CC0
Under the Consumer Rights Act 2015, a tradesperson must carry out a service with reasonable care and skill, and if the job falls short, the law sets out a clear order of remedies: repeat performance first, then a price reduction if that fails.
What the law says about bad service
Section 49 of the Act requires a trader supplying a service to a consumer to perform it with reasonable care and skill. Where a contract does not fix the price, section 51 says the consumer only has to pay a reasonable price, and where it does not fix a deadline, section 52 says the work must be completed within a reasonable time.
The order of remedies
If the work is not done properly, section 55 gives the consumer the right to require the trader to repeat the performance, within a reasonable time and without significant inconvenience, with the trader bearing the cost of any further labour or materials. Only if repeat performance is impossible, or the trader fails to do it properly within a reasonable time, does section 56 give the consumer the right to a price reduction — which can be the full amount already paid.
Getting help
Citizens Advice is the main source of guidance on consumer rights for services under the 2015 Act, and its consumer helpline can also pass a report about a rogue trader to Trading Standards, though Trading Standards investigates unfair trading rather than arranging individual refunds. If a trader will not put things right, a consumer can bring a claim through the courts, including via the government's online Money Claim Online service for a fixed sum, or check whether the trader belongs to a trade association with its own dispute resolution scheme.
Keep a written record of the problem and any conversations with the trader, since it will support a complaint whichever route is used. The sequence stays the same throughout: reasonable care and skill first, repeat performance if that is not met, and a price reduction if the trader cannot or will not fix the job properly.
