Builder won't remove scaffolding

[Notch7]

The rotten part mentioned was battens

even if true, they would have to be really really rotten to actually cause any real issues in the near future - I’ve been repairing a 200+ year old stable roof and some of the tile battens are rotten, but the roof tiles haven’t dropped

 

[johnny2007]

If the scaffolding has been hired, the OP's relative cannot offer it to anyone else.

Not true.
The scaffolding company has a contract with the cowboy builder.
It's the cowboy builder's responsibility to contact them when landlord wants the scaffolding off his land.
After reasonable notice has been given, the landlord can dispose of the scaffolding.
Scaffolding company can only sue the cowboy builder, not the landlord.
The landlord has no contract with scaffolding company, so it cannot breach it.

 

[Harry Bloomfield]

The last time I contacted trading standards was about saw blades sold on ebay for angle grinders. I explained that they are not legal. Days later I sent them a ruling from a different trading standards department, dated a couple of years earlier. I never received a reply.

You can no longer contact them directly, they refer you first to the CAB, who might give you advise for dealing with it yourself, or if serious enough then pass it to TS. Shambles..

 

[Old Salt]

Just inform the police, your elderly relative is being harassed by cowboy builders. They will deal with it and if not tell the local press the police will not deal with it and then sit back and watch it all get done.

 

[conny]

Not true.
The scaffolding company has a contract with the cowboy builder.
It's the cowboy builder's responsibility to contact them when landlord wants the scaffolding off his land.
After reasonable notice has been given, the landlord can dispose of the scaffolding.
Scaffolding company can only sue the cowboy builder, not the landlord.
The landlord has no contract with scaffolding company, so it cannot breach it

It this to the 'roofer;, scaffolding company, or both?
I'd cover my backside by contacting both parties before disposing of it, (by whatever means), so I didn't get charged with something like, sealing, handling stolen property, disposing of something I had no right to dispose of etc. Cover your back from all possibilities.

 

[johnny2007]

It this to the 'roofer;, scaffolding company, or both?
I'd cover my backside by contacting both parties before disposing of it, (by whatever means), so I didn't get charged with something like, sealing, handling stolen property, disposing of something I had no right to dispose of etc. Cover your back from all possibilities.

That if you know who the scaffolding belongs to.
The op doesn't know.
So his point of contact is the cowboy builder.

 

[blup]

I agree with contacting trading standards, but they aren't going to turn up. Gone are the days when you could call the trading standards dept in your local council. They are no longer fit for purpose (in my opinion).

The two remaining consumer protection bodies that, again, in my opinion, that are fit for purpose are the ASA and ICO. I have been impressed by both, trading standards less so.

The last time I contacted trading standards was about saw blades sold on ebay for angle grinders. I explained that they are not legal. Days later I sent them a ruling from a different trading standards department, dated a couple of years earlier. I never received a reply.

Sad but true, but if the complaint coincides with a campaign they are running or can kickstart one, the OP might be lucky and get help.

Blup

 

[opps]

Not true.
The scaffolding company has a contract with the cowboy builder.
It's the cowboy builder's responsibility to contact them when landlord wants the scaffolding off his land.
After reasonable notice has been given, the landlord can dispose of the scaffolding.
Scaffolding company can only sue the cowboy builder, not the landlord.
The landlord has no contract with scaffolding company, so it cannot breach it.

I am not sure that you are correct.

From what I have (since) read elsewhere, the OP is a involuntary bailee (Torts ((Interference with Goods)) Act 1977). They have to give written notification that they plan to dispose of the items and that they have 28 days to collect the property. The homeowner is then obliged to hold on to the property for 3 months. If they sell the items they can deduct any costs related to the sale. The owner of the property has up to 6 years to ask for those funds. Anyone buying the property becomes the legal owner.

https://www.justanswer.co.uk/law/bh1df-ramifications-disposing-builders.html

I am not a lawyer but the fact that the OP believes that the property belongs to a third party seems to muddy the waters.

 

[johnny2007]

I am not sure that you are correct.

From what I have (since) read elsewhere, the OP is a involuntary bailee (Torts ((Interference with Goods)) Act 1977). They have to give written notification that they plan to dispose of the items and that they have 28 days to collect the property. The homeowner is then obliged to hold on to the property for 3 months. If they sell the items they can deduct any costs related to the sale. The owner of the property has up to 6 years to ask for those funds. Anyone buying the property becomes the legal owner.

https://www.justanswer.co.uk/law/bh1df-ramifications-disposing-builders.html

I am not a lawyer but the fact that the OP believes that the property belongs to a third party seems to muddy the waters.

The op doesn't know who is the owner of the scaffolding.
If it was me I would use due diligence and call all scaffolding companies in the area.
If I had no luck finding the rightful owner I would give the cowboy builder 2 weeks notice to arrange removal (set a deadline).
The scaffolding company has a contract with the cowboy builder, not the landlord.
If the scaffolding disappeared, they would sue the cowboy builder, not the op because they have no contract with them.
At best they could list the op as co-defendant, but it would immediately fail when the op produces evidence that they tried their best to return the scaffolding to the rightful owner.
The cowboy builder could sue the op for disposing of the scaffolding and subject them to a breach of contract.
This again would fail immediately because the op has given them notice.
County court, where such things are heard, do not deal with nonsense.
Blackmailing a customer would surely not seen as a good move from any judge.
Given that it ever reaches court, which it's near impossible given the circumstances.
The op just needs to be firm.
Give a ring to local companies.
If no luck, give the cowboy builder 2 weeks notice, then put the scaffolding up on the net for free and send a link to the cowboy builder.
They'll understand that you're not kidding.

 

[Odds]

If the builder is still playing hardball and refusing to remove the scaffolding, get in touch with local news or an ombudsman. Whenever people do that in these situations it's soon cleared up. Kick up a fuss.

 

[blup]

Don't forget in all this it is quite common for scaffolding firms to leave scaffolding up for weeks after the job has finished i.e. a form of free storage.

|Blup

 

[Odds]

The relative paid the original quoted bill in full. He is now refusing to remove the scaffolding and instead has been ringing the relative to try and talk them into going ahead with further work.

Don't forget in all this it is quite common for scaffolding firms to leave scaffolding up for weeks after the job has finished i.e. a form of free storage.

|Blup

 

[blup]

The earlier discussion on ownership/control of the scaff seemed inconclusive.

Blup

 

[Mark Hodgkinson]

They removed it eventually damaging the property in the process! (Broken a fence under the scaffolding) Two other roofers say no wood in the roof is rotten and that all the first lot did was lay done felt and put back broken tiles on top. So it still needs fixing properly

Thanks for all the advice!

 

[johnny2007]

Name and shame.
If not allowed here, do it on Google, Facebook and other social media.