County Antrim builder who left couple’s home open to the elements in a £32,000 extension fraud avoids prison

Kyle Angew, 38, received a four-month suspended sentence for failing to complete a kitchen renovation at the south Belfast property which remains exposed to the elements.

He was also fined £1,000 and ordered to pay £4,000 in compensation to the victims.

District Judge George Conner told him: “You took on a job you couldn’t cope with in terms of your business practices.”

Agnew, of Charles Drive in Ballyclare, was convicted on six counts of fraud by false representation and two further charges of knowingly or recklessly engaging in commercial practice in breach of trading regulations.

Belfast Magistrates’ Court heard he met the couple in July 2021 when they advertised for builders to carry out the kitchen extension.

Agnew, trading as KA Building Services, initially agreed a price of £29,000 to do the job.

Despite wanting to wait until the following year for financial reasons, the couple decided to go ahead after taking out a £20,000 bank loan and using credit cards to cover the rest of the costs.

Work began in October 2021, but early the following year the contract had risen to £32,000 due to an extra steel beam for which Agnew charged £3,000.

Progress slowed down, however, after the roof went onto the extension in February 2022.

Major parts of the project, including patio doors and an external window, were not supplied or fitted as the unfinished extension was left open to the elements.

Prosecution counsel disclosed that Agnew received nearly all of the £32,000 contract price from the victims.

When their solicitors wrote to the defendant in late 2022 he allegedly offered to finish the work if they paid him a remaining £500.

He was given the money but failed to return to finish the job, the court heard.

An investigation was launched after the couple lodged a complaint with trading standards services in April 2023.

Based on the debt they have suffered and Agnew’s failure to remedy the situation, the prosecutor argued he should compensate them.

“The extension for which (they) paid £32,000 remains a shell,” he said.

“The fact it has been left open to the elements has had consequences on the physical and mental health of the family.”

Defence barrister Michael Halleron stressed Agnew’s previous criminal record was limited to motoring offences and confirmed he plans to appeal the fraud convictions.

“His instructions are that 90% of the work was effectively done,” Mr Hallerson submitted.

“There were other blips through the process that required payment to be made, and it went over budget.

“There was then a disagreement and work was stalled because of that.”

Agnew was sentenced to four months imprisonment, suspended for a year, to cover the six counts of fraud by false representation.

Judge Conner also imposed fines to cover the commercial practice offences and directed him to compensate the two victims.

“I will make an order of £4,000 compensation.”

“This was a very serious matter. I have no doubt of the annoyance… and effect on the injured parties,” he told Agnew.

“I think you have to reflect very strongly on that if you ever go back to doing this sort of work.”