Building contract cancelled - rent

[Blue Spring]

Hello,

I have recently won a fast track case against a builder, for his failure to order materials despite taking payment. He tried to hide behind his directorship of the company named on the contract, but his case failed as the company name he signed against didn't exist as a legal entity, and his contract was illegal and did not comply with CCR2013 concerning cancellation rights or CA 2006. This has left him personally liable for all associated debts.

My extension involved a small side return to increase the size of my kitchen. Photographic evidence shows that the kitchen was left non existent, and after what was supposed to have been a 12 week contract, I cancelled when the job was still in the same state 5 months later. Now obviously when the planned extension was due to take place, I knew I would have to make alternative arrangements re living accommodation, as I knew I would have no where to cook, store food etc etc, and as the house was now open at the back, it was no longer secure and or able to be heated, as the boiler was also removed.

My question is this. Due to the builders now proven failure to order materials he was paid for, and my case being won on the basis that he lied about those failed material orders and his companies name etc, I cancelled his contract (despite this not complying with CCR2013/CA 2006), on the basis that he had breached my rights under the CRA 2015 which the judge also agreed was the case and he also agreed I had cancelled legitimately. I then needed to find a new builder and obviously wait for them to subsequently complete the build, which has taken over 12 months. During this time I have had to rent a single room in a small house to keep my expenditure down, and have lost the enjoyment of living in a substantial 4 bedroomed house.

Can I now subsequently claim, not only for my rent, but also the loss of enjoyment re my property that I clearly couldn't use?

To put this into context, I rented a room for £400 per month, but my property would rent out for £3500 per month

Also given the contract was illegal, again agreed by the judge, how do you go about prosecuting (criminal charges) for a builders failure to include a compliant cancellation clause?

Any help much appreciated.

[dslippy]

Two rules govern this. First, bring all your eggs together in one basket. Bring all the claims you might have together in one big claim.

Second, forget the criminal prosecution.

[Blue Spring]

Two rules govern this. First, bring all your eggs together in one basket. Bring all the claims you might have together in one big claim.

Second, forget the criminal prosecution.

Interested to hear the 'forget the criminal prosecution bit', why do you say that?

[Blue Spring]

Two rules govern this. First, bring all your eggs together in one basket. Bring all the claims you might have together in one big claim.

Second, forget the criminal prosecution.

And what is the 'rule' you are implying re the first point.

My claim re rent is a totally separate issue to the builders failure to provide materials.

Are you saying that as my claim re materials has been won, I can't make a subsequent claim for lost rent?

If so what 'rules' govern this?

[atticus]

Can you please explain why it became necessary for you to move out of your house over a kitchen extension.

[Blue Spring]

Can you please explain why it became necessary for you to move out of your house over a kitchen extension.

Because the kitchen was unusable, as was the boiler, ie no central heating no ability to cook, no fridge, no power, no gas etc etc. The floor was effectively mud.

[Blue Spring]

Because the kitchen was unusable, as was the boiler, ie no central heating no ability to cook, no fridge, no power, no gas etc etc. The floor was effectively mud.

effectively there was 'no kitchen', it was a room full of a mud floor and nothing else