SiteKiln gives you plain-English information, not legal advice. It's aimed at small UK construction businesses. Laws change and every job is different, so speak to a solicitor or adviser before you rely on this for a real dispute.
If a customer says your work is defective but then won't let you back in to fix it, they weaken their argument for a big refund or full re-do costs.
1. The short version
Under the Consumer Rights Act 2015, you normally get a chance at repeat performance -- a reasonable opportunity to put things right -- and the customer has a general duty to mitigate their loss, which usually means not running up unnecessary costs by blocking your remedy and immediately hiring someone else.
2. Where you stand legally
- For domestic services, the Remedies chapter of the Consumer Rights Act 2015 says the consumer's main remedy for defective services is a right to require repeat performance.
- Repeat performance means you perform the service again, to the extent needed to bring it up to the reasonable care and skill standard.
- If the consumer requires repeat performance, you must do it:
- Within a reasonable time.
- Without causing significant inconvenience.
- At no extra cost to the consumer.
- The consumer generally only gets a price reduction where:
- Repeat performance is impossible, or
- You fail to repeat the performance within a reasonable time and without significant inconvenience.
- Separately, in general contract law, a claimant has a duty to mitigate loss -- they must act reasonably to avoid or reduce losses, not make things worse.
- In construction disputes, courts often look at whether the owner gave the original contractor a fair opportunity to correct defects; if they unreasonably refuse, some of their rectification costs can be knocked off as avoidable.
- There's no automatic rule that a homeowner must allow the original builder back, especially if trust has collapsed or there are safety concerns, but you can argue that total refusal in a normal case is unreasonable and inflates their losses.
So your legal sweet spot is: you've acknowledged any genuine issues, made a clear, reasonable offer to remedy, and the client has shut the door on you.
3. Work out what's really going on
Clarify the complaint:
- Exactly what defects are they alleging (with photos and details)?
- Is it a safety issue, cosmetic issue, or just "don't like it"?
Understand why they won't let you back:
- Are they scared you'll make it worse?
- Has there been a big argument or trust breakdown?
- Are they using this as leverage to push for a refund/discount?
Check your own track record on this job:
- Did you already have one or more attempts at fixing the same issues?
- Did you miss appointments, leave things unsafe, or walk off site?
Review your contract:
- Is there a defects/rectification clause giving you a right of access to remedy within a period?
- Are there conditions on how defects must be notified?
This tells you whether their refusal is arguably unreasonable, or whether you've given them solid reasons not to trust you back in.
4. Check your own position honestly
Ask yourself:
- Is there a real, fixable defect you haven't properly dealt with yet?
- Did you offer to fix it quickly and in a tidy, professional way?
- Have you given them reasons to doubt you (no-shows, poor communication, rough behaviour on site)?
Look at evidence:
- Messages where they raised issues and how you responded.
- Any earlier remedial visits and what you actually did.
- Photos of your work as you left it.
Be honest about safety:
- If there is a genuine safety risk (leaks, electrics, structure), can you propose a narrow, controlled visit just to make it safe, even if they want someone else to do cosmetic rectification?
If you've genuinely dragged your feet or messed up attempts to fix, their refusal may be seen as more understandable; if you've been prompt and reasonable, their refusal looks more like not mitigating loss.
5. Offer to put things right (one clear shot)
Send a calm, written offer that hits the CRA points:
"I accept there are issues with [specific items]. Under the Consumer Rights Act 2015, I'm responsible for performing the service with reasonable care and skill and for putting genuine issues right."
Set out:
- Exactly what you propose to do (scope of remedial work).
- Proposed dates/times to attend.
- How you'll minimise inconvenience (protective sheeting, limiting noisy times, etc.).
Make it clear:
- The remedial work will be at no extra cost to them.
- You will aim to complete it within a reasonable time.
Ask for:
- Written confirmation you're allowed access on agreed dates.
- Any further concerns they want you to look at during the visit.
You're not grovelling here; you're calmly taking up your right to remedy and giving the customer a chance to let you do that.
6. Record their refusal and explain the consequences
If they still say "we don't want you back" or just refuse to engage:
Get it in black and white
- Ask them directly: "Can you confirm in writing that you do not want me to attend to carry out the proposed remedial works?"
- Save texts/emails where they say "we don't want you back" or refuse all suggested dates.
Reply with a short, factual note
- Confirm what you offered to do, when, and that it was at no extra cost.
- Note that they have declined access, so you cannot carry out repeat performance.
Explain the impact in plain English
- That under the Consumer Rights Act, the normal order is repair/repeat performance first, then any price reduction.
- That by refusing access, they may be limiting their ability to claim the full cost of a different contractor if that cost could have been avoided.
Don't make wild legal threats; just calmly flag that their decision may affect what a court or mediator thinks is reasonable.
This email trail is gold if they later try to claim huge rectification costs from you.
7. Decide your next move
You've got three broad routes now:
1) Offer money instead of going back
If the relationship is completely broken and you don't want to re-enter the property, you can offer a cash contribution towards them getting someone else in, based on reasonable estimates. Make it clear this is a without prejudice settlement offer to avoid further dispute.
2) Stand firm on your right to remedy
If your work is largely sound, the defects are minor, and your offer to fix was reasonable, you can stand your ground and say any refund/discount should be limited. If they refuse and try to withhold payment or claim big sums, you'll rely on their refusal as a failure to mitigate loss.
3) Use small claims or defend a claim
If they don't pay your final invoice because of alleged defects, or if they sue you for rectification costs, your defence will lean heavily on your documented remedial offers and their refusal. The court will look at whether the customer acted reasonably in refusing your offer, given your history on the job.
For bigger cases, get a solicitor to help decide which route gives you the best overall outcome.
8. When you need proper legal or expert help
Get a solicitor involved if:
- The alleged rectification cost is large.
- There are serious alleged defects (structure, water ingress, electrics, gas, safety).
- They've already involved solicitors or an expert, or sent a detailed letter of claim.
An independent surveyor/engineer can:
- Give an objective view on what's really wrong, what needs doing, and a reasonable cost -- vital if you're negotiating or facing a claim.
On anything substantial, a couple of hours of expert input is usually cheaper than fighting blind.
9. Common mistakes
- Refusing to acknowledge any defect at all -- flat denial makes it easier for the customer to argue it was reasonable to keep you off site and hire someone else.
- Not making a clear written offer to remedy -- if you never properly offered a reasonable repair visit, it's harder to say the client failed to mitigate their loss.
- Getting aggressive about access -- threatening to "turn up anyway" or "let ourselves in" can tip things into harassment territory and destroy what's left of the relationship.
- Leaving everything vague -- "we'll come back sometime" is not enough; you want clear dates, scope, and terms for the remedial visit.
- Admitting liability for everything -- saying "yeah it's all a mess, we'll sort it" in texts can be used as an admission; stick to factual language and "we will inspect and put any genuine issues right".
- Ignoring the refusal and doing nothing -- if you just sulk and leave it, they'll go straight to another contractor and a big claim; you want a clear record that you tried to remedy and they declined.
10. Who to contact
- Citizens Advice -- consumer problems -- guidance on home-improvement disputes, rights to repair/refund: 0800 144 8848 (free)
- Citizens Advice consumer service -- specialist line for building work disputes, can refer to Trading Standards: 0808 223 1133 (free, England)
- Trading Standards -- for unsafe work or unfair trading practices. First contact through Citizens Advice (free)
- Independent surveyor or engineer -- objective opinions on whether work is defective and reasonable remedial costs. Find via RICS: rics.org/find-a-surveyor (paid)
- Solicitor specialising in construction / consumer disputes -- especially important for high-value or complex jobs, or where there's a detailed letter of claim (paid)
11. Sources and legislation
- Consumer Rights Act 2015 -- Part 1, Chapter 4: legislation.gov.uk/ukpga/2015/15
- Section 49 -- service to be performed with reasonable care and skill.
- Section 55 -- right to repeat performance.
- Section 56 -- right to price reduction.
- Duty to mitigate loss -- general contract law principle applied in construction disputes. See British Westinghouse Electric v Underground Electric Railways [1912] AC 673 for the foundational principle.
- Citizens Advice -- "Problem with building work, decorating or home improvements" guidance: citizensadvice.org.uk
12. Related guides on this site
- 9.1 Customer won't pay the final invoice
- 9.2 Customer claims defective work
- 9.5 Customer threatening court -- what to actually expect
- 9.9 Small claims court -- step by step guide for tradespeople
- 9.11 Customer demanding a refund -- when you have to and when you don't
- 8.5 Writing quotes that protect you
- 8.6 Terms and conditions template -- domestic work
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