Can a builder dismantle a job of I don't pay?

MrGlassHalfFull_2

ThumbRemote wrote: »

But if OP hasn't actually paid for the work, then surely it remains the property of the builder.

There is no criminal law of trespass in the UK, so he can enter the grounds. And if the goods haven't been paid for, I'd have thought he was quite entitled to reclaim them.

I've paid a deposit which safely covers materials and am willing to pay for the work that isn't in question. The materials are now put together, including a window that I supplied.

frugal_mike

ThumbRemote wrote: »

But if OP hasn't actually paid for the work, then surely it remains the property of the builder.

There is no criminal law of trespass in the UK, so he can enter the grounds. And if the goods haven't been paid for, I'd have thought he was quite entitled to reclaim them.

The builders property no longer exists. An entirely new object exists, and is attached to the op's house. His property cant be reclaimed.

arcon5

If you've paid a deposit, tell the builder to provide a list of which materials/parts belong to you as part of your payment and which belong to him - if he cannot provide proof then i'm sure the police wouldn't stand by a watch him take your property on the off chance some of his may be in there too :-

bris

In Scotland it's definately illegal to reclaim property or possesions like this.

In England the seller retains title until paid in full, so it's a bit of a grey area in England.
There have been cases where a builder tore down and took back an extension when it wasn't paid, it could be classed as civil and this is why the police are not interested.

You may need to seek proper legal advice on this one, there may even be a sellers lein rights here and that is definately not illegal.

arcon5

There was a case of a builder knocking down a porch because the balance went unpaid - but the difference is the property was owned by the council and they permitted the builder to demolish the porch.

Toffee21

A builder trespassing onto premises to reclaim alleged unpaid materials is as unlawful as a restaurant gaining access to your private sewerage system to 'take' your waste because you consumed their food and then decided it was only worth 50% of the purchase price.

If the materials have been cemented to an existing structure then I suspect it would also constitute theft and criminal damage to remove it. If he enters as a trespasser with the intention of committing theft or criminal damage, then he is guilty of burglary (provided the rear porch is considered 'part of a building'). The maximum sentence is 14 years imprisonment and it is most certainly a police matter.

You are entitled to remove a trespasser from your property using reasonable force under civil law. If the trespasser puts up any resistance or becomes aggressive/physical, then they are guilty of an assault (also a police matter and carries a maximum sentence of 6 months imprisonment).

Better still, any person who causes you to fear physical harm upon your person, or in your presence, your property, is committing a breach of the peace. This renders them liable to arrest by any citizen or police officer using reasonable force to prevent a further breach of the peace. Assault with intent to resist arrest carries a maximum sentence of 2 years imprisonment.

There is a legal framework through which a business should pursue a customer for unpaid goods that have already been supplied. Just because the company may or may not own the bricks in the rear yard does not act as a defence to a charge of theft. Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it, is theft. "Property is treated as belonging to any person having possession or control over it"- Theft Act 1968.

Last but not least, there may be implications under the Protection from Harassment Act 1997 if you notify him in writing that you find his threats intimidating and that he should stay away from your property unless he is in possession of a valid court order or has written permission to carry out remedial work. Any unauthorised visit or trespass, despite this warning, will be considered a 'course of conduct' and possibly an offence of harassment (maximum sentence of 6 months imprisonment).

arcon5

What a disgusting comparison!