Skip Company Refusing To Take Skips

[dankeep85]

Hi,

 

I own a commercial property based in the North that I've recently had converted. The contractor I hired ended up going through liquidation so had to employ a new one half way through.

 

The project is now almost complete however, there are 2 skips lying around previously hired by the 1st builder. Of course, I want these moving but i'm being told by both the 2nd builder and the skip company that the skip middle-man company are refusing to move them (as are the company that actually own the skips), as there is a outstanding balance on the account of the 1st builder.

 

They are refusing to remove them until that balance is paid, which it won't ever be because they liquidated.

 

The 2nd builder is being very cooperative but obviously it's out of their hands, but as the builder currently appointed it's on them to finish the job to completion i.e. get rid of the skips.

 

What are my options here? How do I get rid of these skips? Can I contact the council, police, etc?

 

Thanks in advance,

Dan

[dankeep85]

Obviously want to avoid any legal action because of the costs..

[ashmk]

Tough spot.

 

Skip companies are pretty tight knit so another wont move it, you cant drag in onto the road as that's fly tipping. The skip company wont want to foot the bill to tip the waste and that's completely fair. I think your only option here would be to pay the bill, after all it's still your waste and you need it gone.  The skip company could I guess, eventually come collect their skip minus the contents by tipping it where it currently stands.

 

Not ideal but I think the easiest way to settle this is pay the bill direct to the skip company, put it down to experience and move on. 

Edited February 21, 2022 by ashmk

[mantis shrimp]

Notice under s12 Torts Interference with Goods Act 1977 to the owner requiring them to remove the skips failing which you will dispose of or sell them. 

 

https://www.legislation.gov.uk/ukpga/1977/32/crossheading/uncollected-goods

 

But take care and advice before doing anything with the skips. 

 

[dankeep85]

3 hours ago, ashmk said:

Tough spot.

 

Skip companies are pretty tight knit so another wont move it, you cant drag in onto the road as that's fly tipping. The skip company wont want to foot the bill to tip the waste and that's completely fair. I think your only option here would be to pay the bill, after all it's still your waste and you need it gone.  The skip company could I guess, eventually come collect their skip minus the contents by tipping it where it currently stands.

 

Not ideal but I think the easiest way to settle this is pay the bill direct to the skip company, put it down to experience and move on. 

I mean, I have no idea what the bill is between the 1st builder and the skip company. That was a separate agreement/contract with them alone. I paid the 1st builder to hire them as part of the original works agreement and contract. I'm not paying a liquidated company's overdue balance with a supplier...

 

I quite like the idea of Section 12 of the Torts Interference with Goods Act 1977... how much notice would I have to give the skip company before they're deemed my property so I can get rid?

Edited February 21, 2022 by dankeep85
Section 12 of the Torts Interference with Goods Act 1977

[mantis shrimp]

Re s12 TIGA - according to schedule 1 para 6(2):

 

Quote

The period between giving of the notice and the date specified in the notice as that on or after which the bailee proposes to exercise the power of sale shall be such as will afford the bailor a reasonable opportunity of taking delivery of the goods..

 

But if skip cos are as tight as has been suggested, that may not work.  Who would take the skips off your hands?  Perhaps the settling the account route may be better - in which case how about suggesting that you and the skip co share the pain by your paying half the bill? Before you make that suggestion aske exactly how much the outstanding bill is in respect of these 2 skips.

Edited February 21, 2022 by mantis shrimp

[ashmk]

I think you need to contact them, explain the situation and come to an arrangement. They will not want to take your waste away for free. They will eventually just come pick the skip up and tip it out on your property to get their property back and then you have to start over again. Not worth hassle.