Ombudsman’s guide to consumers’ and traders’ rights
Many of us will be thinking about garden makeovers as the weather improves but where do we stand when it comes to landscaping and the law? Thanks to the Furniture and Home Improvement Ombudsman (FHIO) for this helpful guide on landscaping and the law for gardeners in National Gardening Week.
Hard and soft landscaping adds texture, character and structure to gardens. However, sometimes projects don’t go to plan, leaving traders unable to put gardens back to what they originally were. Consumers often expect a full refund, but what is the ‘law of the land’ or a reasonable solution?
Most garden remodelling projects involve the supply of goods, the provision of services or a combination of both. A project manager usually coordinates these. Complications occur if the project employs several subcontractors, for example, a tree surgeon and an electrician. Even without the British weather, projects can be notoriously difficult.
Supply of goods
Your rights in relation to goods are straightforward if they are supplied in isolation. However, this will rarely be the case in landscape gardening. If free-standing furniture (a bench) does not conform to the contract, it would be subject to a short-term right to reject. Customers can seek a full refund.
Following the expiry of 30 days, you may be entitled to either a repair or a replacement. The trader has one chance to carry this out. If the matter remains unresolved, a full or partial refund may be awarded.
Supply of services
Where services are not carried out with reasonable care and skill within a reasonable time, customers are entitled to a repeat performance at no extra cost. This must be carried out within a reasonable time and without significant inconvenience. Failing this, they may be entitled to a price reduction which could be up to 100 per cent.
Goods and services
What happens when a trader has carried out a design, lifted lawns and removed trees (service); supplied plants, or products such as weed control and furniture (goods) and built a summer house (goods and services)? The landscape has literally changed, so putting the area back to the condition before the work began would be very difficult.
Customers could treat this as a breach of the requirement for services, as well as for goods. They could choose to use the route of services remedies or goods remedies.
Practical advice
If the works specified originally become impossible, a price reduction or full refund might be the legal remedy. However, the business could work with the customer to agree to a variation from the contract. This would allow completion, with amendments to finish the job. Variations should be in writing, giving the customer the option to walk away. Ensure any price reduction is reflective of the revised specification.
At the start, have the right paperwork at the right time. This is a legal requirement and can reduce complaints and aftercare problems. A checklist to ensure best practice and to record sign-offs can be useful in advance.
If a trader hires a sub-contractor, they are responsible for their work being completed with reasonable care and skill and for any remedy if they are not.
‘Peace of mind’
Kevin Grix, FHIO CEO and Chief Ombudsman, said: “Gardens are seen as an extension of the home. Our not-for-profit, government-approved Ombudsman scheme provides consumers with additional peace of mind. It supports businesses and their customers in finding solutions when disputes occur, without the need for costly and lengthy litigation.
“We offer training to traders to help our members get it right the first time for their consumers. Our insight from the cases that we investigate provides invaluable advice to businesses that are committed to promoting fair trade and inspiring consumer confidence.”
To find out more about landscaping and the law, visit www.fhio.org.
