While you are performing the services

In addition to the continued application of the rules set out in this guidance in relation to misleading information and unfair contract terms and professional diligence, consumer law also sets out some specific requirements regarding the quality of the services to be provided.

In practice, there may be little difference between the standards expected under consumer law and under your broader regulatory obligations in relation to some aspects of your work.1For example, principle 4 of the Code of Conduct requires you to provide a good quality of work and service to your client. However, it is important to ensure compliance with the standalone consumer law obligations, not least because if you breach those obligations the consumer is entitled to a number of statutory remedies that cannot be avoided or limited.

All services you provide must be performed with reasonable care and skill.2Consumer Rights Act 2015, section 49. They must also adhere to the description of the services you provided to the consumer under your pre-contract information obligations, as well as any other statement that you have made to the consumer about the services that was taken into account by the consumer when deciding to enter the contract.3Consumer Rights Act 2015, section 50.

A failure to do so is a breach of contract and in addition to any rights the consumer has under common law,4Save that the consumer is not entitled to any double recovery. the consumer has a statutory right to repeat performance.5Consumer Rights Act 2015, section 55, except where repeat performance of the contract is impossible. This is a right to require you to perform the service again, to the extent necessary to complete its performance in conformity with the contract, within a reasonable time and without cost or significant inconvenience to the consumer.6Where you fail to repeat performance within a reasonable time or without causing significant inconvenience to the consumer, the consumer is entitled to an appropriate price reduction. See Consumer Rights Act 2015, sections 54 to 56. A price reduction remedy is also available where repeat performance is impossible.

In addition, if no timeframe is agreed with your client, the services must be performed within a reasonable time.7Consumer Rights Act 2015, section 52. A failure to do so is a breach of contract and in addition to any rights the consumer has under common law,8Save that the consumer is not entitled to any double recovery. the consumer has the right to an appropriate reduction in the price paid for the services.9Consumer Rights Act 2015, sections 54 to 56.

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  • 1
    For example, principle 4 of the Code of Conduct requires you to provide a good quality of work and service to your client.
  • 2
    Consumer Rights Act 2015, section 49.
  • 3
    Consumer Rights Act 2015, section 50.
  • 4
    Save that the consumer is not entitled to any double recovery.
  • 5
    Consumer Rights Act 2015, section 55, except where repeat performance of the contract is impossible.
  • 6
    Where you fail to repeat performance within a reasonable time or without causing significant inconvenience to the consumer, the consumer is entitled to an appropriate price reduction. See Consumer Rights Act 2015, sections 54 to 56. A price reduction remedy is also available where repeat performance is impossible.
  • 7
    Consumer Rights Act 2015, section 52.
  • 8
    Save that the consumer is not entitled to any double recovery.
  • 9
    Consumer Rights Act 2015, sections 54 to 56.