Problems removing a skip

south_west_gal

We had a quote from a landscaper to do work on our garden. We agreed to pay 50% upfront to cover materials/skip hire and 50% on completion (all in writing). The landscaper tried increasing the cost of the job and after 1 days work never returned. He has messaged asking for more money which we have refused due to the work not being completed. I have contacted the skip hire company and they have informed me that he has not paid them for the skip so they will not remove it from my driveway. 
The 'contract' for the hire of the skip is between the landscaper and the skip company. What powers do I have to insist that it is removed? Will the council assist?
Also if all else fails do I have the rights to sell the skip if it is left on my property after a certain tine scale?

Norman_Castle

Its not your skip to sell, its also not the skip hire companies fault. If the skip is empty it might be cheap or free to remove as there is no waste disposal cost. It might be simpler to pay for its removal then pursue the gardener for work paid for but not done.

If you refuse to pay they can empty the contents onto your drive to retrieve their skip. The skip belongs to them, the waste doesn't.

Jeepers_Creepers

Do you have Legal Protection on your house insurance? Call them up for advice - they should know how to approach this so that pressure is applied in the right place. 

shaun_from_Africa

Norman_Castle said:

If you refuse to pay they can empty the contents onto your drive to retrieve their skip. The skip belongs to them, the waste doesn't.

I would have thought that doing that would be illegal as it would be fly tipping.
It might be permissible if the contract for the skip hire was between the skip company and the householder but it's not so I don't see that they would have the legal right to dump the landscaper's waste on the OP's property.

Norman_Castle

shaun_from_Africa said:

Norman_Castle said:

If you refuse to pay they can empty the contents onto your drive to retrieve their skip. The skip belongs to them, the waste doesn't.

I would have thought that doing that would be illegal as it would be fly tipping.

Nothing is being fly tipped, The skip is being removed without the property owners waste. It is leaving the property as it arrived, empty.

twopenny

Did you have a written agreement with this landscaper? If you did the amount quoted and who pays for what should be in it.

I'm guessing not and that you just handed over the money. Did you get a written receipt for the money you gave?

mr_stripey

twopenny said:

Did you have a written agreement with this landscaper? If you did the amount quoted and who pays for what should be in it.

I'm guessing not and that you just handed over the money. Did you get a written receipt for the money you gave?

OP said "We agreed to pay 50% upfront to cover materials/skip hire and 50% on completion (all in writing)"