Hello,
Trying to keep a long story short and asking advice, appreciate it is not legal.
We had a Builder doing a wide range of works in our house, it is 90% complete. However, it transpires that unbeknown to us our Builder also has a drug problem and has created some ‘personal issues’ for him.
He has gone missing, fails to respond to text messages, refuses to answer his door when we visit him. We’ve tried to pass messages via his mother, he has ignored those.
However, he has left all of his tools in my shed. Circular saw, chopping table, lots of power tools, general building tools, materials, toolboxes etc - it takes up about 1/3 of my double garage.
We have told him that if he doesn’t finish the job, we’ll sell his tools to cover the shortfall. He has admitted in a text it isn’t finished and is ignoring all messages even about selling his tools.
I’m tempted to start charging for storage based on costs of a local lock up - does anyone know what else I can try or what my rights are here? It will cost me about 4-5 days of labour, I think, to finish off his work.
Are you a tradesperson and able to answer this question?
Unfortunately drug use is all too common in construction, we have nearly all worked along side someone struggling to keep themselves together because of it.
Ordinarily I would say keep the tools and charge them for return. However, with this sort of situation it is the mother I would feel truly sorry for. If he were to loose the tools, would he have the mental strength at this time to pick himself back up and start from scratch? If you are already communicating via the mother then she is already trying to keep him going and struggling. The last thing she would need is for him to get worse.
I would also be reluctant to let him have the tools back if he is on drugs as a, he might sell them and b, is he safe to use them?
It’s a tough one, has he already got your money?
If you are fond of the mother, maybe give her the tools and accept the loss whilst making it clear to him how much disruption and disappointment he has caused.
It’s really quite tough when it comes to these matters as on one hand you could blame them for the choice to take drugs and on the other all we know is what is in your message.
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Torts (Interference with Goods) Act 1977
http://www.legislation.gov.uk/ukpga/1977/32
What Marks Handyman Services suggests would leave you in some very hot water. Although you can sell his possessions the proceeds still belong to him.
I agree drugs are a big problem in the construction industry, I personally would hold on to the tools and if he returns. Use the fact that as he left you high and dry, you can discuss a new contract with him or a reduced rate in writing for any further work he may do for you
Someone could do the job for the cost of the tools and take him to court for the rest id personally be happy to do it for the amount of tools you are talking about and 4 -5 days would be beneficial for someone to start with like myself reason I'm hindered to what i can and want to achieve clear space and bring down cost of whats owed by him and still getting your work you require finished.
