Action to take with landscape gardener who bodged job

[OhNoNotAgain85]

Hi all,

I’m in need of some advice on what to do next with a potential small claims case against my landscape Gardner. (Based in England)

To give brief background:
We hired a landscaper to redo our back garden, quoted in feb 2021, timeline was May for starting, job didn’t start until November, finished in December.
By March (and with no one using it), noticed the paving was loose in areas, he eventually fixed in May and put it down to frost, applied some bonding substance to stick it back down (think no more nails type) and despite telling him in July 2022 it was still a problem and despite a pomise to fix it he hasn’t been back since and downplayed the extent of the problems when I said I felt the whole patio needed re-doing

Since last contact I’ve had an independent expert survey done which has basically pulled it apart for being a cowboy job and advising it all needs ripping up and re-laying.

I’m just unsure of my next steps - Im aware will have to write to him with the findings of the report and request some kind of remedy, but then from a legal perspective where do I stand if he offers to fix it?
As I have lost faith in his ability to do it and don’t want to be in same boat in another 6 months if he does “fix” it again.
Can I refuse any offer for him to complete the work and ask for a full / partial refund instead?

If he refuses to do anything, then is it a case of offering mediation and dispute resolution service before taking him to small claims?

Also, in terms of the business, I believe it’s an LLP based on his invoice, am I likely to be successful with any potential claim or is he likely to shut up shop and start a new business? He and his work van are still active around the area but on Google it says the business is “temporarily closed” and he’s posting new pictures of his projects on his individual social media rather than the business one

The total cost of the job was £11,500 and I’m not bothered about claiming for that amount (or even the limit allowed under small claims) I just want enough back to pay someone else to do it right!

This has caused lots of friction at home as well as being unable to use the back garden due to concerns over safety of the patio area.

Any help or advice greatly welcome!

Have you spoken to the Citizen’s advice bureau? They’re good for setting you off in the right direction for things like this, although it sounds like you have a good understanding anyway. Chapter 4 of the Consumer Rights Act, 2015, sets out your rights for a repeat performance (which it sounds like you’ve already requested and had (albeit poor)), the right to a refund, your right for work to be completed with due care and skill etc.

CAB will be able to tell you what to do next though which may be that you write to him setting out the order of events and the results of the survey and making a request for a refund, but best to ask CAB first. You should make sure you ask them whether they’re willing to go to mediation and maybe get some quotes. If you do go to court you’ll then be offered free mediation by the court but you should ask them before that. Before taking court action you should make a request for a refund and then give them notice that you’ll take them to court.

We’re currently going through small claims and I have to admit it’s been stressful also causing us a lot of stress at home.

What’s helped us is the number of photographs and records I kept. The other side made an additional accusation last week and I was able to find a photograph from last year which shows he’s lying.

Do you have legal cover on your home insurance? We have so we have a solicitor although we’ve found the court has let the other side off for lots of breaches of court process because I’m represented and he isn’t. Even if you decide not appoint a solicitor through your insurance ours offers a helpline where they can answer questions.

Best of luck!

I had this exact scenario! I wrote 3 letters before a letter before action with expert findings. At that point he backed down and refunded me.
I did it myself with no solicitor. There's quite simple instructions online of the steps you need to take. Just keep following them. Offer dispute resolution service then action