Consumer Rights Expert Slams 'Frankly Ridiculous' Damage to Glass Hob by Joiner
A tenant faced a shocking situation when a joiner, contracted by her housing association, drilled directly onto her expensive glass hob while working on boiler pipes. The incident, described by consumer disputes expert Scott Dixon as "frankly ridiculous," has sparked a major dispute over compensation and legal responsibilities.
The Incident: Drilling on a Hob and a Sausage Comment
Kim, the tenant, walked into her kitchen to find the joiner drilling on top of her hob. When she challenged him twice, he responded with a dismissive analogy: "Don't look, it's like watching people make sausages, you don't want to know what's in them." Kim immediately told him to leave, but not before he had left three large scratches on the hob. The glass, made by Schott Ceran, is a high-end product, making the damage particularly costly.
The housing association's boss offered £150 as compensation, but Kim is unsure whether to accept this amount, given the hob's value and the nature of the damage.
Legal Framework: Consumer Rights Act 2015
Scott Dixon emphasizes that under the Consumer Rights Act 2015, the housing association is legally responsible for the joiner's actions. Section 49 requires traders to perform work with reasonable care and skill, which clearly was not met in this case. Drilling a glass hob while boxing in pipes fails this basic standard.
Furthermore, Section 57 holds the housing association liable for the entire job, even if a subcontractor was engaged. They cannot evade responsibility by blaming the joiner or relying on dubious indemnities. Dixon points out that such "fob-off" tactics are common but legally invalid.
Steps to Secure Full Compensation
Dixon advises Kim to take the following actions to ensure she receives fair compensation:
- Escalate the Complaint: Contact the chief executive of the housing association. Senior management should be aware that subcontractors are damaging tenants' property and not meeting professional standards. An executive resolution team can often settle disputes more quickly and fairly.
- Reject Low-Ball Offers: Firmly refuse the £150 offer, as it may not cover repair or replacement costs. Organizations often make such offers as "goodwill" without admitting liability, aiming to shut down complaints.
- Gather Evidence: Take multiple photos of the damage and collect any witness statements. Obtain three quotes for repair or replacement from reputable traders to establish the true cost. If the damage is irreparable, get this confirmed in writing.
- Address Wear and Tear Claims: If the housing association argues for deductions due to wear and tear, reject this firmly. The damage was deliberate and avoidable, not a result of normal use.
Legal Recourse: Small Claims Court
If the housing association refuses to compensate fairly, Kim can pursue legal action. In England, this involves the small claims court, while Scotland uses the Simple Procedure. Before filing, send a formal letter to the chief executive with:
- Screenshots of draft court papers
- Photos of the damage
- Quotes for repair or replacement
- All correspondence, including text messages
Reference Sections 49 and 57 of the Consumer Rights Act 2015, stress the "breach of contract," and give a seven-day notice to respond. Threaten legal action if they fail to comply.
Expert Advice: Don't Be Fobbed Off
Dixon warns against "sludge tactics" used to deny consumers fair remedies. He urges Kim not to feel pressured into accepting inadequate offers. Tenants deserve to be restored to their pre-incident position, especially when damage is caused by negligence.
This case highlights the importance of knowing your consumer rights and taking decisive action when they are violated. With proper evidence and legal knowledge, tenants can hold housing associations accountable for subcontractors' mistakes.
