Section 49 of the Consumer Rights Act 2015 treats every contract to supply a service as including a term that the trader must perform the service with reasonable care and skill, and section 54 sets out the remedies available when a service does not conform to that term, including a right to repeat performance, a price reduction, or a claim for damages.

The reasonable care and skill duty

Section 49 of the Consumer Rights Act 2015 states that every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill. A boiler installation is a service within this meaning, so an installer who damages flooring, a wall, existing pipework or another part of the home through carelessness, rather than through an unavoidable and properly explained necessity of the job, has potentially fallen short of this implied term, separate from whether the boiler itself ends up working correctly.

What remedies are available

Section 54 sets out what a consumer can do where a service does not conform to the contract, including the reasonable care and skill term in section 49. The primary remedies under the Act are requiring the trader to repeat the performance of the service, or a reduction in the price paid. Section 54 also confirms these statutory remedies do not exclude other options, including a straightforward claim for damages, provided the same loss is not recovered twice under different routes.

Negligence beyond the contract

Where the damage goes beyond the scope of what the installation contract covers, for example damage to a separate part of the property not directly involved in the work, general negligence principles can apply alongside the contractual remedies under the 2015 Act: a tradesperson who fails to take reasonable care and causes damage as a result can be liable for that damage regardless of exactly how the original contract was worded, because the duty of care in these situations exists independently of the contract terms themselves.

First steps after damage

Photographing the damage as soon as it is noticed, before any repair or clean-up, creates the clearest record of what happened and its extent. Contacting the installer directly and in writing, describing the damage and asking how they intend to put it right, is the usual first step, giving the installer the opportunity to arrange or fund a repair before the matter needs to go any further.

Using the installer’s insurance

A properly set-up installation business generally carries public liability insurance, intended to cover exactly this kind of accidental damage to a customer’s property during work. Asking the installer for their insurer’s details, and whether they intend to make a claim on their own policy to cover the repair, is a reasonable next step where the cost of repair is more than the installer seems willing or able to cover directly themselves.

If the installer won’t cooperate

Where an installer disputes responsibility or does not respond, the Consumer Rights Act remedies described above, and a negligence claim where relevant, can be pursued through the small claims track of the county court for lower-value disputes, without necessarily needing a solicitor. Keeping the photographic evidence, written correspondence, and any repair quotes obtained to establish the cost of putting things right, is what supports a claim at this stage, whether it is resolved through further negotiation or, ultimately, through court.

FAQs

Does the Consumer Rights Act cover accidental damage during a boiler installation?

Section 49 requires the service itself to be performed with reasonable care and skill, and damage caused by falling short of that standard can be challenged under the remedies in section 54.

What can be claimed under section 54?

Repeat performance of the service, a price reduction, or, alongside these statutory remedies, a separate claim for damages, without recovering the same loss twice.

Does a claim depend on the installer having insurance?

No, though a properly insured installer is usually the more straightforward route to a repair being funded, since public liability insurance is generally intended to cover this type of accidental damage.

What if the installer disputes responsibility?

The small claims track of the county court is available for lower-value disputes, supported by photographic evidence, written correspondence and repair quotes.

Bottom line

An installer who damages a home while fitting a boiler has generally failed to perform the service with the reasonable care and skill required by section 49 of the Consumer Rights Act 2015, giving the homeowner remedies under section 54, alongside a possible negligence claim and the installer’s own public liability insurance as a practical route to a repair. This is general information, not legal advice on a specific dispute; Citizens Advice or a solicitor can advise on a claim that cannot be resolved directly with the installer.

Sources

This guide draws on the following primary sources, current as of 22 September 2026:

• legislation.gov.uk, “Consumer Rights Act 2015, section 49: Service to be performed with reasonable care and skill”
• legislation.gov.uk, “Consumer Rights Act 2015, section 54: Right to repeat performance or price reduction”

Related guides

Best Boiler Deals is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not regulated advice on any specific installation — always confirm the details with a Gas Safe registered engineer.