When you are choosing a new bathroom, you may also choose to pay extra for the bathroom to be fitted by a tradesperson recommended by the seller. This is a service often supplied as part of the whole package. People may assume that because they have contracted with a national retailer that the tradesperson that attends their property to fit the bathroom will be competent and adhere to the same perceived exacting standards as the retailer. Unfortunately, this is not always the case and we act for clients who have suffered from poor standards of service from bathroom fitters and who are now seeking compensation.
What makes bathroom compensation claims different is the fact that in most cases once the products have been purchased and installed (i.e. tiles, toilets, sinks and baths etc) it is almost impossible to remove the products without damaging them. For example, if the tiles are fitted poorly and not cut properly to measure they will need to be removed and are likely be worthless once removed. If the retailer does not offer a refund and denies that the work of the contractor was poor this can leave people in a difficult position. The contractor may say “I did an excellent job” but the customer may think “the bathroom is poorly fitted”. How does a customer go about obtaining a refund in these circumstances?
If the contract is with a national retailer who is then using a contractor to carry out the installation the contract may be governed by the Consumer Rights Act 2015. The Consumer Rights Act 2015 (CRA 2015) became law on 1st October 2015 and applies to contracts entered after this date.
There are certain standards that apply when bathroom fitters are carrying out works that:
1. The works are carried out with reasonable care and skill, (section 49 CRA 2015);
2. The goods and materials supplied conform to the specification and description of the products ordered (section 11 CRA 2015); and
3. The goods and materials supplied are fit for purpose, (section 10 CRA 2015)
If either of the three standards above are not met then you may have a potential claim for compensation from the retailer. As specialist bathroom litigation solicitors, we can offer clients advice on settling out of court and, if necessary, issuing a claim against the retailer that sold the bathroom. We understand that when clients search for bathroom dispute solicitors they want to ensure that the advice they receive is cost-effective and, in certain cases, we can offer clients fixed fee advice on the next steps.
For a no-obligation discussion in relation to your bathroom dispute please give us a call on 01858 414284 and ask to speak to a member of our litigation department.
