Breach of contract - claiming money for work not done

[SamHH]

My dad bought a house and, as part of the purchase, agreed with the estate agent that the estate agent would clear the house of the vendor's belongings. They didn't clear the house properly, and what few belongings were removed were dumped in the garden.

My dad and I ended up clearing the belongings ourselves and paying for a skip to dispose of them. He would like to claim back the cost of the skip from the estate agent.

Is it also possible to claim money for the work that we did that should have been done by the estate agent? If so, how do you calculate the amount? Do you have to come up with an hourly rate for the work? Or something else?

[singlecoil]

Of course it is possible to claim, just as it is possible to claim that various deities have walked the Earth. What you are really asking is, I expect, how to claim and is such a claim likely to succeed.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Is it likely to succeed? Anybody's guess really, it will depend on a number of factors such as how provable your position is and what their defence might be. Is it worth it? Probably not.

[SamHH]

Thanks for your reply. My question was not about how to claim.

How do you calculate the amount to claim for the work that was done by us?

[anonymous-user]

Unless you can claim a real loss you have no viable claim. If you can show that you had to take time off from an otherwise remunerative activity you might have a claim. If you can show that you incurred third party charges you might have a claim. You can't claim on the basis of a notional charge for your time.

Can you be bothered to sue over something as relatively minor as this? Suing someone is a hassle.

[PurpleMoonlight]

Why would an estate agent agree to do this?

Do you have anything in writing with them?

[SamHH]

Breadvan72 said:

You can't claim on the basis of a notional charge for your time.

Cheers, that was the crux of my question.

Breadvan72 said:

Can you be bothered to sue over something as relatively minor as this? Suing someone is a hassle.

Suppose it depends on how much of a hassle it turns out to be, but dad spent a few hundered pounds on skip hire so perhaps it'd be worthwhile.

[anonymous-user]

You've got a tangible cost in the shape of the cost of the skip, but what's that? £80? £100?

Before you hired the skip, did you ask the EAs to come round and clear the garden, and point out that they had agreed to do so but had not done so?

[SamHH]

PurpleMoonlight said:

Why would an estate agent agree to do this?

To sell the house, presumably.

PurpleMoonlight said:

Do you have anything in writing with them?

Yes.

[JustinP1]

SamHH said:

Breadvan72 said:

You can't claim on the basis of a notional charge for your time.

Cheers, that was the crux of my question.

Breadvan72 said:

Can you be bothered to sue over something as relatively minor as this? Suing someone is a hassle.

Suppose it depends on how much of a hassle it turns out to be, but dad spent a few hundered pounds on skip hire so perhaps it'd be worthwhile.

Breadvan speaks the truth.

However, I would add the practical advice is defending a claim is also a hassle.

Many people when they are bang to rights will pay when a formal letter arrives on their doorstep. Even more pay when you warn them that court papers will arrive next week.

If I were you?

I'd put it in writing to them, reminding them when it was agreed they would clean the place, what was actually done, and the costs involved, with a photocopy of the invoice/receipt for the skip, and asking them for the money. If that was ignored, I'd fire off a template letter before action.

You could put a nominal amount for your time in there. However, by doing that you risk that the more you ask for, the less likely your bill will be settled without escalating.


My final thought is that without more info, your claim is unclear.

Is there a breach of contract? What is your contract with the estate agent? Would it not be the case that your contract is with the vendor, through the agent, with the agent agreeing to cover the cost of the cleaning on behalf of the vendor?

Edited by JustinP1 on Thursday 28th August 11:12

[SamHH]

JustinP1 said:

Breadvan speaks the truth.

However, I would add the practical advice is defending a claim is also a hassle.

Many people when they are bang to rights will pay when a formal letter arrives on their doorstep. Even more pay when you warn them that court papers will arrive next week.

If I were you?

I'd put it in writing to them, reminding them when it was agreed they would clean the place, what was actually done, and the costs involved, with a photocopy of the invoice/receipt for the skip, and asking them for the money. If that was ignored, I'd fire off a template letter before action.

You could put a nominal amount for your time in there. However, by doing that you risk that the more you ask for, the less likely your bill will be settled without escalating.


My final thought is that without more info, your claim is unclear.

Is there a breach of contract? What is your contract with the estate agent? Would it not be the case that your contract is with the vendor, through the agent, with the agent agreeing to cover the cost of the cleaning on behalf of the vendor?

Edited by JustinP1 on Thursday 28th August 11:12

Thanks for the advice. I will persist with trying to get the estate agent to pay for the skips before submitting the claim form.

[Pit Pony]

When we moved into our house it was full of stuff that had no value. I phoned the estate agent and said that the previous owner had 12 hours to move them, or I would get my solicitor to bill them, as the contract to buy the house had it that the house would be empty.

[elanfan]

Pit Pony said:

When we moved into our house it was full of stuff that had no value. I phoned the estate agent and said that the previous owner had 12 hours to move them, or I would get my solicitor to bill them, as the contract to buy the house had it that the house would be empty.

and then what happened?

[photosnob]

They probably told him to crack on safe in the knowledge the solicitors fees can't be claimed back and would dwarf the cost of clearing the junk. Also safe in the knowledge that no court would accept 12 hours as reasonable, especially when communicating through a third party.

[surveyor]

How bizarre of someone to ask an Estate Agent and or them to agree to emptying a vendors house.

What exactly did the Estate Agents agree to do in writing?

[Rude-boy]

surveyor said:

How bizarre of someone to ask an Estate Agent and or them to agree to emptying a vendors house.

What exactly did the Estate Agents agree to do in writing?

Actually whilst no where near the norm it does not surprise me.

I have seen agents fund indemnity policies and the like many times. There are a number of 'proper' agents still about and they tend to also have links with house clearance companies and so it's the sort of 'sweetener' I can see being offered.

[Pit Pony]

elanfan said:

Pit Pony said:

When we moved into our house it was full of stuff that had no value. I phoned the estate agent and said that the previous owner had 12 hours to move them, or I would get my solicitor to bill them, as the contract to buy the house had it that the house would be empty.

and then what happened?

A man with a pick up came, the next day, and took all the stuff (Furniture, Bedding, carpet, curtains, and the contents of the loft, - all of which was valueless tat) that I'd put in a pile by the back door, and disposed of it.

He was getting 50 quid, apparently, so was really happy, when he saw the steel garage door, off the concrete garage, I'd just knocked down, and asked if he could have that. Then, as he was loading it, my new neighbour, found another steel garage door, (as he'd converted his concrete garage into a shed) and an old washing machine, which he was happy to take as well. Not sure what the weigh in value of 2 garage doors and a washing machine is, but I gave him a cup of tea and a kit-kat.