At HomeOpinion Homes

Know your garden landscaping rights

Editorial Feature

As much as you want things to run smoothly, sometimes things just don’t go to plan. Checklist spoke to the Furniture & Home Improvement Ombudsman on what the law says when it comes to garden landscaping.

With summer finally around the corner many will be turning to garden upgrades and makeovers as the weather improves and lockdown restrictions begin to ease. Hard and soft landscaping will add texture, character and structure to outside spaces, with rewards to be reaped by summer once the grounds are in full bloom.

There may however be instances in which landscaping projects don’t go to plan, leaving traders unable to reinstate gardens back to what they originally were. Consumers often expect a full refund if things go wrong, however what would be the ‘law of the land’ or a reasonable solution in these circumstances?

It’s not uncommon for garden remodelling projects to contain aspects of supply of goods, provision of services and a combination of both, overseen by a project manager. This can further be complicated if sub-contractors are used for different aspects of the work – for example, a specialist tree-surgeon might be required for preparatory works, while an electrician might be needed for lighting effects. Therefore, even without the unreliable nature of the weather, such projects can be notoriously difficult.

Supply of goods

A consumer’s rights in relation to goods are straightforward where goods are supplied in isolation, but this will rarely be the case in landscape gardening. That said, a free-standing outdoor piece of furniture (such as a bench) which does not conform to contract would be subject to a short-term right to reject, allowing customers to seek a full refund. Following expiry of that 30-day period, consumers may be entitled to either a repair or replacement. The trader has one opportunity to carry this out and if the matter is still not resolved, a full or partial refund may be awarded.

Supply of services

Where services are not carried out with reasonable care and skill within a reasonable time, consumers are entitled to a repeat performance at no extra cost. This must also be carried out within a reasonable time and without significant inconvenience to them, failing which they may be entitled to a price reduction which could be up to 100%.

Goods and services

But what about a scenario where a trader has carried out a design, lifted lawns and removed trees (service); supplied plants, or products such as weed control and furniture (goods), built a summer house (a combination of goods and services) and in doing so has literally changed the landscape, so that to put the outdoor area back in the condition before the work began would be very difficult?

In such cases customers may be able to treat this as a breach of requirement for services as well as for goods, and can therefore choose to use either the route of services remedies or goods remedies.

Practical advice

If the works specified originally become impossible, while a price reduction or full refund might be the legal remedy, the business could work with the customer to agree to a variation from the contract which would allow for the works to be completed, with whatever amendments are required to finish the job. Any such variations should be in writing; give the customer the option to walk away and ensure any price reduction is reflective of the revised specification.

At the outset of any project, having the right paperwork at the right time, is not only a legal requirement, but can also reduce complaints and aftercare issues. A checklist to ensure best practice etiquette and to evidence sign-offs can also be useful to have in advance. If a trader engages a sub-contractor, they are also responsible for their work being completed with reasonable care and skill and for any remedy arising if they are not.

To see your company in any upcoming features we are arranging please email laura@hurstmediacompany.co.uk or editorial@hurstmediacompany.co.uk

Laura Forsyth

After graduating with a Journalism and English Literature degree, Laura has gone on to work for national television and as a reporter for the UK’s biggest news outlets. With years of experience in the media industry, Laura is now the staff writer for Hurst Media Company, and the food, travel and health editor for checklists.co.uk

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button