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?

[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?

[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.

[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.

[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.