Time - Contract for Supply or Service

TIME NEEDS TO BE OF THE ESSENCE

IN A CONTRACT FOR SUPPLY OR SERVICE

You know the classic scenario....you decide to get the builders in, and at the beginning of your relationship as you the “consumer” and the builder as the “service provider” everything is lovely. However as the works commence and continue, usually, and more often than not the relationship becomes strained or stressful due to things like delays in completing the works, increased costs or damage etc. So is it truly the case that the consumer just has to accept the situation or can you use the law to negotiate better timelines and costs from the service provider or even obtain compensation?   The answer is no - you simply don’t have to accept the situation.  Arm yourself with Supply of Goods and Services Act 1982 and try to negotiate and reason with your service provider.

So what can you do if the work is taking a long time:

 If they are taking longer than it was agreed for them to carry out the work then this falls under Section 14 of the Supply of Goods and Services Act – ‘Time and Performance’.  The Act states that the supplier will carry out the work within a reasonable time.  However, this is only the case  if a timeframe has not been agreed or forms part of your contract with your supplier.  This term is called making “time of the essence”.  If you have agreed a date for the works to be completed and it is not met then you are well within your rights to terminate the contract if that deadline is broken if you so wish. However,  If you have not agreed a deadline and the works elapse past what is considered to be a reasonable time,  you are not entitled to terminate the contract but you are now in a position to agree on a new date i.e. making time of the essence for the works to be completed by the supplier.  If this new date  is not met then and only then can you terminate the contract.

Consumers do agree a date with your supplier or service provider as it places you in a better position.

This published article may contain information of general interest about current legal issues, but does not give legal advice

Sub Standard Work in the Supply of Goods & Services

Sub Standard Work in the Supply of Goods & Services

The Supply of Goods and Services Act 1982 provide consumers with an avenue to make a claim if the supply of goods and services is well below the reasonable standards required by this Act.

But first it is important to establish whether a contract exist between you as the consumer and the supplier of the goods or services.  It is necessary for the courts to see that some form of contract exists preferably a written contract, an oral contract may be considered or perhaps your contract is created through a previous course of dealings with the supplier.

Next is to work out the expressed terms of the contract are and any implied times. These can take the form of the following:

- To provide goods/service is an express term.
- Delivery by a specific date is an express term
- Payment for the goods/service is an express term

Terms can also be implied into a contract by the Act and can form part of the relevant terms.  These can include:

- Section 4 which implies terms about quality or fitness
- Section 13 which implies terms about care and skill

When the terms of the contract have been established, you just need to work out which of these have been breached.  Once a breach has been established the consumer may have a stronger chance of seeking redress for the loss incurred as a result of the breach.

This published article may contain information of general interest about current legal issues, but does not give legal advice

Consumer’s are you aware of a trader’s (any person who in relation to a commercial practice is acting for purposes relating to his business and anyone acting in the name of or on behalf of a trader)  obligations under the Consumer Protection from Unfair Trading Regulations 2008

Under Paragraph 3 of The Consumer Protection from Unfair Trading Regulations 2008 it clearly sets out that there are five unfair commercial practices for which there is strict liability in the event that a trader engages in such practices.

There are five stated commercial practice which can be considered to be  unfair and in this article we will deal with a trader who takes undertakes a  misleading action.   It states in the regulations that an action is misleading if it contains false information and is therefore untruthful in relation to:-

a)     the existence or nature of the product;

b)     the main characteristics of the product (see these in below list)

c)     the extent of the trader’s commitments;

d)     the motives for the commercial practice;

e)     the nature of the sales process;

f)      any statement or symbol relating to direct or indirect sponsorship or approval of the trader

g)    or the product;

h)   the price or the manner in which the price is calculated;

i)     the existence of a specific price advantage;

j)      the need for a service, part, replacement or repair;

k)    the nature, attributes and rights of the trader (see these in paragraph below);

l)     the consumer’s rights or the risks he may face. 

m)  or if it or its overall presentation in any way deceives or is likely to.

In Paragraph (b) above, the “main characteristics of the product” include

a)   availability of the product;

b)   benefits of the product;

c)   risks of the product;

d)   execution of the product;

e)    composition of the product;

f)     accessories of the product;

g)    after-sale customer assistance concerning the product;

h)   the handling of complaints about the product;

i)     the method and date of manufacture of the product;

j)      the method and date of provision of the product;

k)    delivery of the product;

l)     fitness for purpose of the product;

m)  usage of the product;

n)   quantity of the product;

o)    specification of the product;

p)    geographical or commercial origin of the product;

q)    results to be expected from use of the product; and

r)     results and material features of tests or checks carried out on the product.

s)    any of the matters

In paragraph (4)(j), the “nature, attributes and rights” as far as concern the trader include the

trader’s:-

(a) identity;

(b) assets;

(c) qualifications;

(d) status;

(e) approval;

(f) affiliations or connections;

(g) ownership of industrial, commercial or intellectual property rights;

To avoid problems with potential claims in regard of placing the tenant's deposits in a Tenant's Deposit Scheme.

1. Include the letting agent as a party if they took the deposit.

2. Ensure that the Tenant's deposit is protected in a Tenancy Deposit Scheme within 30 days of receipt.

3. Ensure that the prescribed form is served within 30 days.

4. If you have not protected the tenant's deposit you cannot serve a valid  Section 21 Notice of Quit.

5. If you have placed the deposit monies in a Tenancy Deposit Scheme but have not served the Presribed form this can be done afterwards.   This will enable you to serve a Section 21 Notice to Quit, however, the tenant can then make a claim against the Landlord.

6. All relevant parties should be served with the prescribed form to include possible credit card companies through whom the deposit may have been paid.

7. Relevant parties can include anyone who paid the deposit on the tenant's behalf i.e parents of tenants etc.

8. If you are 1 day late placing the deposit in a Tenancy Deposit Scheme a tenant can still make a claim against you.


This published article may contain information of general interest about current legal issues, but does not give legal advice

Trader's obligations under the Consumer Protection from Unfair Trading Regulations 2008

Consumer’s are you aware of a trader’s (any person who in relation to a commercial practice is acting for purposes relating to his business and anyone acting in the name of or on behalf of a trader)  obligations under the Consumer Protection from Unfair Trading Regulations 2008

Under Paragraph 3 of The Consumer Protection from Unfair Trading Regulations 2008 it clearly states that unfair commercial practices.  .

There are five stated commercial practice which can be considered to be  unfair and in this article we will deal with a trader who takes undertakes a  misleading action.   It states in the regulations that an action is misleading if it contains false information and is therefore untruthful in relation to:-

a)     the existence or nature of the product;

b)     the main characteristics of the product (see these in below list)

c)     the extent of the trader’s commitments;

d)     the motives for the commercial practice;

e)     the nature of the sales process;

f)      any statement or symbol relating to direct or indirect sponsorship or approval of the trader

g)    or the product;

h)   the price or the manner in which the price is calculated;

i)     the existence of a specific price advantage;

j)      the need for a service, part, replacement or repair;

k)    the nature, attributes and rights of the trader (see these in paragraph below);

l)     the consumer’s rights or the risks he may face. 

m)  or if it or its overall presentation in any way deceives or is likely to.

In Paragraph (b) above, the “main characteristics of the product” include

 a)   availability of the product;

b)   benefits of the product;

c)   risks of the product;

d)   execution of the product;

e)    composition of the product;

f)     accessories of the product;

g)    after-sale customer assistance concerning the product;

h)   the handling of complaints about the product;

i)     the method and date of manufacture of the product;

j)      the method and date of provision of the product;

k)    delivery of the product;

l)     fitness for purpose of the product;

m)  usage of the product;

n)   quantity of the product;

o)    specification of the product;

p)    geographical or commercial origin of the product;

q)    results to be expected from use of the product; and

r)     results and material features of tests or checks carried out on the product.

s)    any of the matters

In paragraph (4)(j), the “nature, attributes and rights” as far as concern the trader include the

trader’s:-

(a) identity;

(b) assets;

(c) qualifications;

(d) status;

(e) approval;

(f) affiliations or connections;

(g) ownership of industrial, commercial or intellectual property rights;

This published article may contain information of general interest about current legal issues, but does not give legal advice

Southwark London Borough Council - Case Law

A RECENT CASE REGARDING HOMELESSNESS

Complaint against Southwark LBC [2012] Complaint No 10 000 20
22 May 2012

In April 2009 her landlord served a valid Housing Act 1988 section 21 notice requiring her to leave and later began proceedings for possession. She approached the council to make a homeless application but was told to "come back when the court had made an order for possession". The court made an order to take effect on 10 September 2009. She went back to the council without success. A council officer admitted that some of its caseworkers "may advise applicants that nothing can be done for them until they have an eviction date" i.e. a bailiff's appointment. The council also decided that the complainant was not eligible for homelessness assistance as she was not a 'worker'. She sought a review and asked for accommodation pending review. The council then provided accommodation and on 30 November 2009 notice was given that the review had succeeded. The ombudsman found extensive maladministration by the council in its handling of the homeless application including: failure to keep proper records; failure to decide whether it was obliged to provide interim accommodation prior to its decision on the application; failure to properly investigate the application; and excessive delay in handling complaints about its poor service. The council agreed to provide additional training to homelessness staff on taking homeless applications, conducting homeless enquiries and offering interim accommodation. It also agreed to pay substantial compensation.

This article is taken from http://www.gardencourtchambers.co.uk/bulletins/category/bulletin_detail.cfm?iBulletinID=742

This published article may contain information of general interest about current legal issues, but does not give legal advice

Are the streets the only option if you are about to become homeless

Are the Streets the Only Option if You Are About to Become Homeless?

The Homeless Act 2002 allows all UK residents who are about to find themselves homeless or are currently homeless rights to accommodation even if this is only temporary providing you are eligible.

Sections 1 to 3 of The Homeless Act 2002 imposes a duty upon all local housing authorities to review homelessness, prevent homelessness, secure accommodation for those who are or may be made homeless and to provide support for homeless victims.

Do you know everyone is eligible for assistance except if you are subject to immigration control i.e. not British Citizens and EEA Nationals that are habitually resident in the UK.  Refugees that are officially recognised as refugees can also be eligible.   As long as you are eligible the council must offer you accommodation whilst they look into your situation.  If you are not homeless yet but could become homeless in the next 60 days, your local council must give you advice and do all that the can to help you keep your home.

If you also match any of the following circumstances:-

·         You are pregnant or you are living with your girlfriend, partner or husband who is pregnant

·         You live with dependent children or children are expected to live with you

·         You are vulnerable due to old age, mental illness, disabled or expected to reside with someone who is vulnerable

·         You are threatened with homelessness as a result of an emergency such as a flood, fire, or other disaster

·         You are 16 or 17

·         You are under 21

Then you could be considered to be a Priority Need for Accommodation which further strengthens your case with the council for accommodation.

At this point, it is also important to note that if you satisfy the conditions above and you have not made yourself Intentionally Homeless which is defined in the 2002 Act as

Providing you have not intentionally made yourself homeless then your local council will provide permanent accommodation.  You may be housed in temporary accommodation for a short while until something permanent becomes available but you will not find yourself on the streets.

 “A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy”

Councils will consider your local connection.  That is things such as where you were living, where you currently work and any family or relatives you have in the area.

You may be wondering what you must do to get the council to act for you or whether you need to make or complete application forms.  Well the good news is you just need to go along to your local council and the councils duty to you is triggered upon YOUR request for assistance.

You can get further information form Shelter a dedicated organisation that helps homeless people.  Please see their website http://www.shelter.org.uk/

This published article may contain information of general interest about current legal issues, but does not give legal advice