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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon, we have a skip on our property organised by

Resolved Question:

Good afternoon, we have a skip on our property organised by our builder. The skip company will not remove it as the contract is with the builder so will not take our instructions. The builder will not remove it because we are currently in dispute over his work and he has admitted he is trying to use it as leverage. The works are now finished. How can I get the skip company to pick it up? Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

The skip company is right - the contract is with the builder and therefore any dispute should be via the builder.

Alex Watts :

Of course I understand your difficulty.

Alex Watts :

What you can do is write to the skip company and ask them to remove the skip within 7 days or that you will get it removed yourself.

Alex Watts :

You should also send this to the builder and make sure it is sent recorded delivery.

Alex Watts :

Then if they do not remove it you can get that done with another company

Alex Watts :

You will have to pay for this but this can be added to the dispute with the builder.

Alex Watts :

This can be another cost he can reimburse you.

Alex Watts :

But sadly you can not make the skip company do this directly.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Alex

Alex Watts :

Hello?

Customer:

Alex, I know this as that it what they said on the phone. Another skip company will remove another company's skip as I have tried. The skip is on my property against my will and the builder will not help. I ned to send something to the skip company that makes they remove it. When I emailed them previously I offer to pay for the remove so they are not out of pocket. Can I charge them rent for th space on my drive?

Alex Watts :

Sadly you can't charge rent as there is no agreement for that. If it had been that the removal date was say 15th October otherwise there would be a charge - that would be different.

Alex Watts :

But there is no agreement sadly.

Customer:

so no health and safety issues for my children that can be relied on or insurance for the skip being on my property. Also if I get it removed would it be stealing?

Alex Watts :

No because you allowed it in the first place. Theft is depriving it - you are not. They are being given an option. If they ignore it, then it is their own fault.

Alex Watts :

Does that help?

Customer:

Sorry been to a meeting. So if I move it I have to give it back to them, I can't just stick somewhere they might not find it?

Alex Watts :

Yes you can do that if you wish. But again you can't charge rent because that wasn't agreed in advance.

Customer:

thanks not many options really but good to confirm. Thanks.

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