Deposit paid for landscaping ... refund rights?

SazlXz

Hi All
I have just paid a 20% deposit recently to a local landscaping business who I have a booking with for the first week of April. They are meant to be laying artificial grass, new patio etc in my garden.
After the government announcement last night I messaged the owner to confirm if they would be shutting down until further notice and also what would happen to my deposit if they do close down.
The owner has said they are taking advice and will let me know when they have an update.
Can anyone help with what my rights are in regards to getting a refund and if they refuse to refund me? They are a small local business and I understand if they have to shut down that financially it may cripple them and ruin their business, and I have total sympathy for them but at the same time I would want my deposit back as it potentially may be a long time before they were up and running again. Fortunately I paid the deposit by credit card as I was concerned about what may happen with corona virus developments.

Thanks

Jeremy535897

Wait for the owner's response. 

Browntoa

Check the contract you signed.

Similar work I had done was very clear about deposits etc 

HornetSaver

First two posts are very helpful answers. Considering section 75 would be very, very premature at this stage - but it will remain there as an option of last resort should it be required. In the current circumstances I'm sure that they're desperate to be legally able to do the work - if they're not legally able to do it in the current restrictions then unfortunately it does logically follow that they won't be able to specify an alternative date yet. If, after they get back to you effectively saying the above, but time is of the relative essence to you, then after they've gotten back to you just start that conversation as a bit of a hypothetical - for instance see if they'd be willing to commit to doing it within 2-3 weeks of restrictions easing. 

If they go bust having not done the work, section 75 would remain an option. My very strong view would be to continue to work with them constructively, but also calmly. I can say without knowing anything whatsoever about either you or the firm that they're genuinely at least as concerned about present circumstances as you are.

7Phil

Your rights as a consumer don't change immediately because of this. If you end up in a dispute then it will become a civil matter but might take a long while to resolve given this current situation.
If this means the company will still do the work but postpone it during restrictions then we can but only understand that delay is out of their control. If you want to cancel because you are worried it could take months then that is probably going to be viewed as a choice you've made yourself that you weren't forced into making.
You'll find these companies will want to start working again as soon as they can. It might not take ages. 
The risk is they go bust in the meantime and in that case you might need to view it as a loss the virus cost you.

As mentioned above, work with them. Small businesses like these are going to be friendly and cooperative usually. If not, and they don't care about you then don't let them touch your garden. In that case ditch the deposit and hire someone that would. 

7Phil

SazlXz said:

They are a small local business and I understand if they have to shut down that financially it may cripple them and ruin their business, and I have total sympathy for them but at the same time I would want my deposit back

I am slightly perturbed by what you said here. 
You are saying you have sympathy for them if it ruins their business but you would want your money back??? 
This is not the attitude we as a community want to see right now. 
They are a small local business. Support them.

HornetSaver

Apologies for slightly side-tracking this thread but I note I did directly contribute.

Are we allowed to perform personal work on our own front gardens? I'd imagine that going out shopping for gardening equipment would go against the letter and spirit of what is now in force, but assuming we have what we need at home already and bearing in mind the rules on exercise and parks being open, I presume it's a yes? 

7Phil

HornetSaver said:

Apologies for slightly side-tracking this thread but I note I did directly contribute.

Are we allowed to perform personal work on our own front gardens? I'd imagine that going out shopping for gardening equipment would go against the letter and spirit of what is now in force, but assuming we have what we need at home already and bearing in mind the rules on exercise and parks being open, I presume it's a yes? 

Your private garden should still be considered part of your home so you can still get out in to it and enjoy it and maintain if you are lucky enough to have one.
Just don't have people over

Linton

There is now much clearer information on the government website as to what can and cant be done. 

See https://www.gov.uk/government/publications/full-guidance-on-staying-at-home-and-away-from-others which also points to a more detailed document.

I see no reason why a landscape gardening business should not carry on.  The document basically says that if something is not explicitly forbidden it is allowed with appropriate precautions, and doing work at people's homes like gardening is not explicitly forbidden.  The focus is on retail.

Read it for yourself, dont rely on my interpretation.