Stove installation delayed by Scottish Government rules

[Lenovo]

I was due to have a stove installed in my (new to me) house at the start of March. I paid the deposit for this at the start of December. The start of March was the earliest install date they had available.

The stove installer called today and said following the Scottish Government's new rules on the 16th of January, stove installers are now classed as nonessential trades so they can’t come and fit it for the planned date. I’m assuming they are just delaying all the installs as a block until the ban is lifted.

I wasn’t going to get much use out of it in March anyway as that’s when it starts to warm up, but now with an unknown delay, I’m not sure I’ll be able to use it at all until later this year.

My OH thinks we should call up, cancel the order and ask for our deposit back and then just arrange another install later this year. (We have plenty of other things needing done to the house we could use the money for now).

Could we ask for our money back as they are breaking the contract we had regarding the install date or are the new rules excluded from contract law, meaning they are ok to just delay the install?

TL/DR
Stove installer delaying install due to Scottish Government covid ruling, can I ask for deposit back?

[Tommo87]

Its a bit harsh on the supplier, especially if he has already paid HIS supplier for the stove itself.


But, I guess you can try unless its something bespoke produced just for you.

[Lopey]

Yes, you can ask for your deposit back.

[Alucidnation]

Have they told you that you can't have your deposit back?

[aka_kerrly]

Lenovo said:

The stove installer called today and said following the Scottish Government's new rules on the 16th of January, stove installers are now classed as nonessential trades so they can’t come and fit it for the planned date. I’m assuming they are just delaying all the installs as a block until the ban is lifted.

Are the Scots really that stupid? I presume when you say stove you do mean a range/aga type which can be used for cooking and be linked into heating systems?

In my view if you are expecting the population to be staying at home & limiting their travel it must be pretty dam essential for these people to have a way of cooking food at home.

[here_we_go]

aka_kerrly said:

I presume when you say stove you do mean a range/aga type which can be used for cooking and be linked into heating systems?

Based on OP's comments about March, I expect he is talking about a standalone woodburning stove.

[the cueball]

I thought the new rules stated "non essential" work couldn't be done?

I would expect heating work to be very essential in the middle of winter, my installer agreed and I got my wood burner fitted this week (Central belt).

No police were called, no virus was passed around and they were done and dusted within 2 days and I've been enjoying burning logs ever since.

[Lenovo]

They told me that wood burning stoves were classed as ‘decorative’ and therefore nonessential. TBH I would have thought a source of heating would be essential.

[mmm-five]

Lenovo said:

They told me that wood burning stoves were classed as ‘decorative’ and therefore nonessential. TBH I would have thought a source of heating would be essential.

Is it your only source of heating, or is it in addition to the existing heating system.

If you've got nothing at the moment, I'd consider it essential - otherwise I'd agree that it's not. If you've got nothing, can you not use an electric space heater for now (assuming you've got power in the property).

However, it doesn't matter what WE consider is essential - THE LAW IS THE LAW.

[the cueball]

Lenovo said:

They told me that wood burning stoves were classed as ‘decorative’ and therefore nonessential. TBH I would have thought a source of heating would be essential.

That sounds like bks to me TBH...

Hope you get it sorted.. I'll stick another log on mine for you in the mean time...

[anonymous-user]

It sounds like it’s the companies interpretation of the rules. Perhaps they have furloughed their staff?

[surveyor]

mmm-five said:

Is it your only source of heating, or is it in addition to the existing heating system.

If you've got nothing at the moment, I'd consider it essential - otherwise I'd agree that it's not. If you've got nothing, can you not use an electric space heater for now (assuming you've got power in the property).

However, it doesn't matter what WE consider is essential - THE LAW IS THE LAW.

Aha. So often it's not the law that's being quoted though...

[mmm-five]

surveyor said:

Aha. So often it's not the law that's being quoted though...

[J6542]

It is in Scotland. They changed it from guidance to law last weekend.

[Gareth79]

I believe this is the exact legal text:
https://www.legislation.gov.uk/ssi/2020/344/schedu...

There is still an exemption for traveling/working where work cannot be done from home, regardless of whether the work is critical/essential. Stoves cannot be installed from a person's home.

There is a restriction on "gatherings" in dwellings:

the law said:

Restriction on gatherings in private dwellings in a Level 4 area

13.—(1) A person must not attend a gathering in a private dwelling located in a Level 4 area, unless the gathering—
...
c) is for the purpose of—
(i) work or providing voluntary or charitable services but, where the work or provision of services is for the purpose of the upkeep, maintenance or functioning of the dwelling, a person may attend the gathering only if the work or provision of services is essential for that purpose,

The purpose of the stove may or may not fall under that I guess. However they do also define "gathering":

the law said:

“gathering” means a situation where two or more persons, who are not members of the same household, are present together in the same place in order—
(a) to engage in any form of social interaction with each other, or
(b) to undertake any other activity with each other,

I'd say that installing a stove is not being present in order to engage in either of those, it's to install a stove.

That said, if it's not the customer's primary heating I don't blame them for not wanting to risk anything.

[J6542]

The law is open to interpretation. The company could probably come and fit it without any problems, all it takes is a brassed of neighbour to report you or bad mouth your company on Facebook and it’s not worth the hassle. I stopped work yesterday for this reason. Only going to do essential work and outdoor stuff until this blows over.
As for the OP I guess it depends on what your contract says, I would be surprised if it doesn’t say your installation date is subject to change. The company might be happy to cancel and refund you if you speak to them.

[Pooh]

This is a tricky one for the stove installer.
I own a kitchen company, we have stopped all work and furloughed our staff, I could not justify risking the health of my customers, staff and their families and I do not think that what we do would be considered essential if something bad did happen and I had to defend my decision to stay open in a court of law.
My customers have been very understanding and have not asked for their deposits back.
I think that it would be unreasonable for the op to expect to get his deposit back given that the stove installer is following the law.

[Buster73]

Pooh said:

This is a tricky one for the stove installer.

I think that it would be unreasonable for the op to expect to get his deposit back given that the stove installer is following the law.

Agree totally, I also cannot see any benefit for the return of the deposit, when all other suppliers / fitters will be in the same position.

By going to a different company the op automatically will be at the back of the queue for fitting when the current situation allows.

Don’t think he’s thought this one out properly.

[loskie]

what if the company goes bust? You will lose any deposit. I'd want it back too, he is spinning you a yarn.

[J6542]

How is he spinning a yarn? He is not allowed to work by law.