Vandalism by customer

[K Diddy]

Hello, I built a garden room for a customer who hasn't finished paying for it, yet they have intentionally vandalised it to the point that it is no longer useable. Given that I have all the evidence I need to prove this, can I have them charged with criminal damage?

[K Diddy]

I should perhaps add that unlike a permantent building this outbuilding is effectively portable and could be crained away against the non-payment with monies already paid being returned to the customer. The vandalism has neutralised this option for me

[des8]

It depends on when ownership of the building passes from you to the customer.

If you report it to the police (if you are still the owner) they might not charge him with anything.

IMO, if the customer has sufficient assets, I would be considering a civil action for recovery of amount outstanding

[atticus]

Sue for the debt.

[K Diddy]

Thanks for the responses. Yes, so the legal action on the debt is well advanced and court proceedings have started. But the customer has been so nasty and unreasonable all the way through that I now want to pick up on the criminal element seperately. The question of ownership is the real sticking point that I want to get legal clarification of. I like to think that as ownership has not clearly been passed over yet, that they have no right to damage it but I just can't seem to find any clarity on that in law. I don't know if they can rightly claim full ownership of something they haven't paid for

[des8]

The question of ownership is covered by The Sale of Goods Act 1979, which helpfully states that ownership " is transferred to the buyer at such time as the parties to the contract intend it to be transferred."

Intention is ascertained by regard " to the terms of the contract, the conduct of the parties and the circumstances of the case."

So there is no one answer...it all depends!

[atticus]

As I understand it, the goods were delivered to the customer and installed at his property. Those are pointers to title having been transferred.

[efpom]

Is there a Romalpa clause in the written contract?

[atticus]

That's a reservation of title clause. But will it be effective if goods are installed at the customer's property?

[des8]

I concur that circumstances as described point to ownership having been transferred to consumer.

This would mean no hope of police following a complaint of criminal damage or in pursuing a private prosecution for criminal damage as one cannot unlawfully cause damage to one's own property

[K Diddy]

Thank you for all the answers and helpful information. Much appreciated