Your Rights — Section 49 Consumer Rights Act 2015
Every consumer services contract includes the following statutory implied terms, which cannot be excluded by the trader:
- Reasonable care and skill (s.49) — the trader must perform the service with the level of care and skill of a reasonably competent person in that trade. This is an objective standard — not what the trader claims to be capable of, but what a competent professional in that field would achieve.
- Reasonable time (s.52) — where no time for performance was agreed, the trader must complete the service within a reasonable time. What is reasonable depends on the nature of the service.
- Reasonable price (s.51) — where the price was not fixed in advance, the consumer need pay only a reasonable price. A trader cannot charge an unreasonable amount after completing the service.
Common Poor Service Disputes
Frequently Asked Questions
The builder says the work is to an acceptable standard — what can I do?
The standard is objective: what would a reasonably competent builder achieve? An independent expert report from a suitably qualified professional in the relevant trade — a surveyor, structural engineer, or master builder — provides an objective assessment of whether the work meets the required standard. The trader's assertion that the work is acceptable has no special weight: it is the independent expert's assessment that the court will rely on. A solicitor instructs the appropriate expert and uses their report to establish the shortfall and the cost of remedial works.
The trader says the problems were caused by pre-existing conditions I didn't disclose — is that a defence?
Possibly — where a trader can show that poor results were caused by conditions they could not reasonably have been expected to detect or that the consumer failed to disclose despite knowing of them, the trader's liability may be reduced. However, a competent trader is expected to inspect the work site before starting and draw attention to any conditions that might affect the outcome — failure to do so before starting the work is itself below the standard of reasonable care and skill. The trader cannot usually rely on pre-existing conditions they could have detected on reasonable inspection but failed to identify.
The service was performed by a sole trader who has no assets — is there any point in claiming?
It depends — a county court judgment can be enforced through a charging order on property the trader owns, an attachment of earnings order if they are an employee, or a third-party debt order against their bank account. Even where a trader has no immediately realisable assets, a judgment creates a debt that can be enforced when circumstances change. Additionally, if the service was paid for by credit card, a section 75 claim against the credit card provider may be available regardless of the trader's financial position. A solicitor advises on the practical prospects of enforcement at the outset.
The trader has a clause in the contract limiting their liability — does that override my rights?
Not for the statutory rights under the Consumer Rights Act 2015. Under Part 2 of the CRA 2015, a term that restricts a trader's liability for breach of the statutory implied terms (including the duty to perform with reasonable care and skill) is subject to the fairness test — and a blanket exclusion of liability for negligence or poor performance in a consumer contract is almost invariably unfair and therefore unenforceable. The trader cannot contract out of the s.49 duty or the remedies of repeat performance and price reduction.
Is there a time limit on poor service claims?
Yes — 6 years from the date the service was performed (or the date of the relevant breach of contract) under section 5 of the Limitation Act 1980 for claims in contract. Where the poor service caused damage to property (for example, defective plumbing that subsequently caused flooding), there may also be a tortious claim in negligence with a 6-year period from the date of damage, or 3 years from the date of knowledge under s.14A. A solicitor identifies the applicable limitation period for your specific claim.