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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 815
Experience:  Solicitor with over 15 years experience.
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Hi had a conservatory fitted 7 years ago when we first moved

Resolved Question:

Hi had a conservatory fitted 7 years ago when we first moved into my house. From day one we've had water leaking through the roof which was a poor installation. I've called the installer out every year in the winter time when we have bad weather and they tell me they can't do anything until the the dry weather comes (spring) so this continued to leak until they send someone out to fix the problem. They have come out with all the excuses and for six years all they did was silicone the gaps which solved the problem until the following winter and then the whole thing started again. This year I kicked up so much the manager came down and decided to put a new roof on which was in June this year they are still dealing with it up to today and still have not resolved the problems. There have been other issues as well but I won't go in to them, but the advise I require is that due to the 7 years of constant water ingress I've had to replace my wooden floor and my blinds have black mould on them which were custom made and all the inconvenience me and my family have experienced due to the not fit for purpose conservatory how do I go about claiming against the company for compensation?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Do you think they have actually fixed the leak this time?

LondonlawyerJ :


What is the value of the damage caused?

Customer: At the moment the roof has been ok but can't tell really until we have continuous bad weather as this is when it usually happens. The other things that's are going on are the guttering had dropped causing debri to collect they said they had fixed that so I got up and looked at it and all they had done was put a screw through the gutter and into the conservatory causing the plastic moulding to bow out creating a gap and making a permanent hole. Also the manager found in the process that it was not sealed to the base and wall correctly causing a draft/damp to enter and that the electrics was not sealed and just left outside to the elements. I feel all this has contributed to the damage and have no faith in there work or product the cost of the conservatory £6500 the blinds were £2500 and the wood flooring I've had replaced was £500 and replaced it with tiles was £800. Plus I've had to take days off work to allow them to attend and try and fix it which over the 7 years I've had about 2weeks off which works out to about £3000
LondonlawyerJ :

I am in a meeting all day now and will answer you this evening. Hope that is OK.

Customer: Just wondering how your getting on ?
LondonlawyerJ :

If you are right then you would have a valid claim against the conservatory company. You wouldn't be able to claim back the cost of the conservatory unless it is so defective you have to pull it down and replace it. At present you are not at that stage. If you have to incur costs getting it fixed you can claim these costs. As far as items damaged by water ingress this is claimable - if you have replaced the wooden floor with something more expensive so that it is less damaged by further water ingress you can try to claim the whole cost although you may only get the cost of like for like replacement. Te small claims limit is £10.000 so your claim will be in the small claims court which will keep lawyers out because there will be no awards for legal costs if someone does instruct a solicitor. This reduces the risks of bringing a claim. How do you justify your loss of earnings? If you are self employed you will need to show that you had lost work you missed out on on the dates you were at home.

LondonlawyerJ :

If you are in work then how do you calculate your loss of earnings? Also you would need to justify that you needed to be there for all the time that you have claimed. Here is the link to the government website rre money claims. https://www.gov.uk/make-court-claim-for-money/overview

Customer: Thanks, ***** ***** way do you mean " if you are right" ? The time taken off work would be used holiday so someone was home and swapping my days off and then having to make them hours up in less convenient times which I understand once or twice to resolve teething problems but this has been continuos and all due to there poor workmanship. Am I in my rights to claim for inconveniences caused by there terrible aftercare service ie not returning calls, making appointments then breaking them when I have shuffled shifts about and then having to reshuffle, not turning up and me spending my time chasing people and them blaming other people and fobbing me off.?
LondonlawyerJ :

Yes you will be able to claim compensation for inconvenience but not necessarily for loss of earnings. When I say "if you are right" it is just my lawyerly caution.

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