The bathroom reno finished on Friday. By Monday the tradie had stopped answering. What he left behind: a pile of broken tiles on the lawn, grout smeared on your new vanity, plaster dust in every room, and a half-full skip that was supposed to be gone a week ago.
You paid $14,000. Now you are looking at $600 for a cleaner and $350 for someone to take the rubbish away. And he thinks that is your problem.
Clean-up is part of the service
Unless your quote said “customer to clean up” in black and white, leaving the site in a reasonable state is part of doing the job properly. The Australian Consumer Law backs you:
- Section 60 – services must be provided with due care and skill. A skilled tradie does not leave your home as a building site.
- Section 61 – the service must achieve the result you told them you wanted: a finished, usable bathroom, not a finished bathroom inside a rubbish tip.
- Section 267 – if they will not fix the failure within a reasonable time, you can get it fixed by someone else and recover the reasonable cost from them.
That last point matters. You do not have to wait forever. Give him a fair chance to come back. If he doesn’t, hire someone else and send him the bill.
Give notice before you spend money
The tribunal will want to see that you gave him a chance. Send one clear message: “The site was left with the following items (list them). Please return by [date, 5 to 7 days away] to make good. If you do not, I will arrange the work and recover the cost from you under s 267 of the ACL.”
Keep it polite. Keep it in writing. Take dated photos of everything.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who did the work?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Then get two quotes
Get two quotes for the clean-up and rubbish removal. Use the cheaper one, or a reasonable one. The tribunal expects “reasonable”, not “the fanciest cleaner in the postcode”.
Send the Letter of Demand
Once the deadline passes, a Letter of Demand does three things:
- Sets out exactly what was left behind, with your photo evidence.
- Cites s 60, s 61 and s 267 and states the dollar amount you are claiming.
- Gives a 14-day deadline and names the tribunal or court you will file with (NCAT, VCAT, QCAT, the SA Magistrates Court, etc.).
Tradies hate tribunal claims. In most states, a finding against them can be reported to the licensing body. A $950 clean-up bill is much cheaper than that, and most of them know it.
You paid for a finished job. Finished means you can walk through your own house without a mask on.
Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.
What happens when you put the builder on formal notice
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.