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Dorchester Center, MA 02124
We just had a loft extension fitted in our home in Wimbledon and the bathroom fitter has essentially destroyed our bathroom. On the surface everything looks beautiful but underneath is a whole other story: all of the plumbing is wrong, the shower floods when used and bubbles when the bath is drained, as does the toilet with an intermittent dreadful smell. The freestanding taps were fitted so that the stands move back and forth when the taps are touched (the bath was lodged up to them so it wasn’t immediately apparent) and the radiators in the bedroom have been fitted to come on with the hot water, not the central heating. The tiles that we fitted with brass trims will have to be ripped up to fix it.
I want to sell our house now — I can’t even bear to go into the loft. The building company has put exorbitant charges on our final bill, such as £750 for trims added to ready-built stairs. Is there anything you can do to help to prevent us having to rip out what would have been a beautiful bathroom?Claire
I’m sorry to hear that your dream bathroom has ended up being a nightmare. Your issue lies against the person that you contracted to fit the bathroom (“the Contractor”). This could be the builder, who might have subcontracted the bathroom work as part of a larger project, or the specialist bathroom fitter if you had a separate contract with them.
Besides the express terms of your contract, according to section 49 of the Consumer Rights Act 2015 the work should be carried out with reasonable care and skill to the standard of a competent professional in that trade.
The issues you have described sound like the work may not have been carried out with said reasonable care and skill, so you may have a claim for breach of contract. If you think that is the case (and it certainly seems to be based on the details you have given), the first thing you should do is give the Contractor an opportunity to fix the work done on your bathroom. As per section 55 of the Act, they should redo the job within a reasonable time frame, at no extra cost and without significant inconvenience to you.
If the issue is still not resolved, under section 56 of the Act you can then ask for a reduction in price. The Contractor would also be responsible for any additional costs or losses you’ve had because of the problem with the work.
As far as the additional charges on the final bill are concerned, the builder is restricted to charging either a fixed price, if one was agreed in advance, and if not, a reasonable price for the service carried out.
You may also be able to get independent legal advice/representation including the costs of getting an expert report, if legal expenses insurance (“LEI”) is included on any insurance policies you have. It’s worth checking with your home insurance company to see whether that is the case.
If you happened to have paid for the works by credit card, you would have extra protection under the Consumer Credit Act 1974, as the credit card company could be held responsible for the issue as well. Section 75 is a great recourse in such cases and as long as you paid over £100 on the credit card, the Consumer Credit Act means that the whole amount will be covered.
Finally, we’d always recommend using reputable traders for renovation work. You can use sites such as Which? Trusted Traders to find businesses that have been independently assessed and approved. Rebecca Turnbull-Simpson, solicitor, Which?
There is a chicken wire fence separating my house and the neighbour’s, which was installed decades ago, long before either of us moved into our homes. It’s now loose and hard to define ownership. How does one know where your garden ends and your neighbour’s begins? Jennifer, Hackney
When land is registered for the first time at the Land Registry, the underlying conveyancing deeds may define the land by reference to plans attached to them. The Land Registry will refer to such deeds to create a title plan of the general boundaries. Anyone can download a title plan from the Land Registry for a small fee, which will denote the general boundaries and may indicate who is responsible for maintaining each. However, title plans may not be precise and scale and/or quality can make it hard to pinpoint an exact boundary without professional advice. The documents received on the purchase of the property may also be instructive.
If you and your neighbour are unsure where a boundary is, jointly instructing a surveyor can help you come to an agreement that can be registered against both titles as a “boundary agreement”, recording the location of the boundary and the maintenance responsibilities. If you disagree, either owner can apply to the Land Registry for a “determined boundary”, which can help to avoid a later dispute.
Ideally, the process of defining the boundary should be conducted together with your neighbour so that the costs of the application, including professional fees for a surveyor, can be shared and the neighbourly relationship is not compromised.
In any event, boundary disputes should be avoided as far as possible. This is not only because they can be costly and highly unpleasant to deal with but also because if one of the properties comes to be sold the existence of any boundary dispute will be disclosable and may affect the value of your property. For buyers, it is imperative that you instruct a surveyor before exchange of contracts as they will inspect the boundaries on a site visit to the property and advise on potential boundary issues before you commit to the purchase.George Coleman, partner, Withersworldwide
I live in a first-floor flat. I don’t have a balcony or a garden, and I don’t own a tumble dryer. I put my wet laundry over my door frame and the radiators at the moment. What is the best way to dry my clothes without creating mould and condensation in my flat? Should I get a heated clothes rail? Are there certain places where it’s a bad idea to dry clothes? Are certain rooms better than others? What if I put it in my bathroom, which has no window but has an extraction fan?Melanie Blackburn
Mould tends to flourish in places where dampness lingers for more than six hours, which allows mould spores to begin germinating. The most common cause of mould is condensation, which occurs when warm moist air meets a cooler surface, causing the moisture to condense at what is known as a dew point. Condensation within homes can be due to insufficient heating, poor insulation or a lack of ventilation — all of which can contribute to a build-up of moisture within the property.
Whether you wash your clothes by hand or a washing machine, try to ensure as much water as possible is removed before hanging them up to dry. When drying clothes within the home, it is important to do so in an area preferably without soft furnishing, with good air movement and heated to about 18-20ºC. This can be almost any room with a closing door, where a window can be opened or an extractor fan turned on to promote ventilation and therefore remove excess moisture. A bathroom is ideal as it often has tiled walls and no soft furnishings, but a kitchen with the window open and doors shut would perhaps be the best room in this situation. Do not use cold rooms or rooms with no form of ventilation.
You can use heated or unheated clothes rails or simply coat hangers. The main thing is to promote air movement around your washing. A ventilation fan can work in this situation. Avoid drying clothes on radiators — this blocks the heat and prevents the air from circulating. Try not to dry clothes on door frames either as this can cause damage to the paint surface. Dehumidifiers can be an option but they fill up with water quickly and so they’re not always very efficient.
If you do end up with condensation and are wiping surfaces down, ensure the cloth is wrung out in a sink and not placed on a radiator to dry. This will prevent excess moisture entering the home.Nicholas Donnithorne, UK technical services manager, Rentokil Property Care
Editor’s note: a Karcher Window Vac, from £59.99, can be useful in removing condensation from windows and shower screen
Our managing agent issued a section 20 notice listing the price of tenders for repainting the rear of my block of eight flats. I am a leaseholder and a director of the share of freehold company. On the section 20 notice to leaseholders reporting the bids, one £35,100 bid was deliberately misstated as £50,000. In response to the section 20 for comments, I pointed this out and asked for the notice to be withdrawn. They refused to retract it, saying the surveyor thought the £35,100 quote was too low and so altered the price.
If I hadn’t contacted the builder nobody would have known. The builder was not contacted by anyone until now, and says his bid is correct. Is this a criminal office under the Fraud Act 2006? Surely if they want to exclude the bid, they are free to so do but should give reasons instead of misstating the price.Andrew Thomas
Residential landlords are required, pursuant to section 20 of the Landlord and Tenant Act 1985, to consult with their leaseholders when planning to undertake major works paid for by the service charge that would cost each leaseholder more than £250. Briefly, the stages are:
1. Notice of intention must be given to the leaseholders and any recognised tenants’ association (RTA) to:
• Describe the proposed works to be carried out;• Set out the reason why the landlord believes that the works are necessary; and• Invite the leaseholders to make observations on the proposed works giving them 30 days to do so. They should also tell them if they have the right to suggest a contractor they should ask for an estimate.
The landlord must have regard to any observations that are made by the leaseholders and/or the RTA.
2. The landlord must give details of two estimates for the works, one from an independent contractor with no connections to the landlord. They must invite leaseholder written comments, to be given within 30 days.
3. Within 21 days of its award they must tell the leaseholders who won the contract, explain why that contractor was chosen and provide a summary of the leaseholders’ comments about the estimates.
Then, there is the question as to whether the landlord needs to re-consult with leaseholders.
In Wynne v Yates & Anor the Upper Tribunal, it was decided there was no need to re-consult on a change of contractor and the consequential increase in cost during a job. The judge explained that the consultation requirement applies to a “set of works” and explained, “The same can be said where the work to be done turns out to be more than expected and more than the estimate covered — again, we all know that it happens.”
Here there is no misrepresentation, merely amending the quote, to protect leaseholders. If the work doesn’t cost as much as the estimate then you won’t be charged the full amount. The landlord is, correctly, seeking to ensure accuracy in the costings of the works, so leaseholders are prepared for their share of the cost. If you remain concerned you can approach the same builder for a requote, and the landlord must then take that into account.Daniel Stern, partner, dispute resolution — property litigation, Slater Heelis
I can’t get rid of the orange-red chilli/bolognese stains on my Tupperware. Is there anything that works? Also, how can I prevent this from happening in the future?Michelle W
I recommend adding a few drops of Fairy liquid (or similar) to the stained Tupperware. Fill halfway with hot water, add a piece of paper towel and close the lid. Shake vigorously then throw away the paper towel. Give it a final scrub with Fairy and a sponge. Works a treat for me. To prevent stains happening in the future, avoid plastic Tupperware altogether. Ikea’s 365+ glass container range is good value and Black + Blum’s metal containers are excellent, albeit expensive.Veronica, Leyton
Steradent removes stains from all cooking utensils and plastic. I use it constantly on vases, coffee/tea pots — you name it. Even on festive cranberry stains from wooden spoons. You can help prevent stains in future by wiping the Tupperware with a little olive oil on a piece of kitchen roll before putting the food in. This coating acts as a barrier to the staining sauces.Lis Mercer Banks, Wiltshire
Line the container with a plastic food bag or a layer of cling film before filling with your Bolognese, this will then stop the food from staining your plastic storage box. When frozen, you can lift the bag out, enabling you to reuse your container immediately.Sharon Quinn, Penarth
Put it in the dishwasher. This removes all tomato type stains.Mark Pearson, Windermere
My advice is to never to put plastic in a microwave. There is a health risk because of the migration of chemicals from the plastic when heated (phthalates). I heat my lunches in a china bowl covered with a side plate. My plastic boxes are stain free.Duncan
How do I clean a glass pendant lamp in my kitchen?Mrs S Heslop
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