DEAN DUNHAM: Plumber hasn’t turned up AGAIN – can I ask for a discount off the bill?

My plumber keeps not showing up to fix my bathroom. So far he has made excuses, but I want him to do the work. Can I demand money from the account?

TM, London.

Dean Dunham replies: This is a common complaint when it comes to contractors, electricians and plumbers.

If you had agreed a fixed date for the start and completion of the job, technically there would now be a breach of contract as the agreed date would have formed a term of the contract.

However, traders usually avoid arranging dates and in these circumstances you will need to turn to the law and the Consumer Rights Act 2015.

Apologies: A reader is having trouble getting a plumber to fix her bathroom as agreed

Section 52 of the Act says that if no date has been agreed for the ‘performance of a service’, the principle is that the work must be carried out ‘within a reasonable time’.

What constitutes ‘reasonable’ depends on the circumstances, but if the trader has consistently failed to show up, as here, he is likely going outside the bounds of ‘reasonable’.

So with the law on your side, you should next consider what remedies you are entitled to for the breach.

You will find that section 54 of the Consumer Rights Act provides the answer. It gives the consumer the potential right to a price reduction to reflect the breach, to ask the trader to start the job (known in law as ‘specific performance’) or to terminate the contract and refund the money already paid to claim.

The first two remedies may be difficult to enforce in circumstances where you want the trader to continue operating as he/she will often reject such a claim and these are not matters you would want to take to court.

However, if you decide to terminate the contract, you have good cause to do so and reclaim any deposits or advances.

Rental regulations

I want to rent out a bedroom in our house. What is the law on charging rent?

A.S., Harrogate.

Dean Dunham replies: You will be taxed on the profit you make from the rental, on top of your personal tax deduction. This is calculated by offsetting the rental costs with the rental price.

This includes things such as replacing fixtures or furniture, or a ‘wear and tear allowance’.

Alternatively, a resident landlord can make use of the Rent A Room allowance; but only if furnished rooms are rented, and not, for example, a completely converted apartment that is part of the house.

Under this allowance, gross income (up to £7,500) from rentals is tax-free. If you receive the single person discount on your municipal tax, it will expire and your bill will increase.

Also consider whether you have the legal right to rent out a room, or whether you need permission from a third party.

If you are a tenant, your lease may prohibit subletting or state that you need permission from your landlord.

Similarly, if you have a shared ownership property, your agreement may prohibit subletting or require you to obtain consent.

Usually the situation is clearer if you own your home, but you may still need permission from your mortgage lender where applicable.

Finally, if you are renting out a room, make sure you enter into a rental agreement with the tenant. If this doesn’t happen, it can be difficult to evict them if unsuccessful, although the law does treat ‘live-in landlords’ with some leniency.

As such, the law provides greater freedom to end an agreement, recognizing that, should the relationship break down between the landlord and the person he or she is renting to, the landlord is more vulnerable in his or her own home.

You should also consider the effect of a tenant on your home insurance policy, as this is material information that you really need to disclose to the provider, at which point you will likely receive an increase in your premium.

Failure to disclose this may result in your provider denying a future claim.

  • Write to Dean Dunham, Money Mail, Scottish Ny Breaking, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Ny Breaking cannot accept any legal liability for any answers given.