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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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I had a firm who installed roof lights at my property six months

Resolved Question:

I had a firm who installed roof lights at my property six months ago but within a day of installation they caused severe condensation which constantly dripped on the floor. They eventually arranged for the manufacturers to meet their representative on site and agreed that they needed the aluminium sides reducing. As I was going away I gave them a key in order that they could carry out this agreed work whilst I was not there.
On my return they had not carried out the work which they agreed to do but have just installed big vents in the sides of them which both their representative and the roof light manufactures had agreed would not cure the problem.
They now say that they have cured the problem and that is the end of the matter.
What advice could you give mevplease
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
what would you like to know about this please?
Customer: replied 2 years ago.
What would be the legal position and would I have a case against them in law.
Expert:  Jo C. replied 2 years ago.
What is the cost of putting this right please?
Customer: replied 2 years ago.
Probably around £1,000
Expert:  Jo C. replied 2 years ago.
Thank you.
You do have a claim essentially on the basis that they have caused damage and not put it right. The potential difficulty that you face is that they clearly do not accept that they haven't put it right and so either they will back down or you will cave in or you will have to sue.
There are not really any other options open to you here.
I want suggest gathering evidence from other tradesmen to the effect that the remedy they have favoured is inadequate.
Then it is probably a good idea to send them a letter before action warning of your intention to sue.
If that's still fails then this is a small claims court sum and so it will be cheap and simple to issue against them. They may well throw their hand in at that point as people often do when they receive a court summons and realise that the matter is not going to be ignored any more.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thanks - as they entered my property and carried out work other than that which was agreed - could I claim trespass and could this be judged as criminal damage because I did not give permission for them to enter and carry out such unauthorised work which amounts to damage of my property.
Expert:  Jo C. replied 2 years ago.
No.
They entered with consent which is the only test.
Anyway trespass isn't criminal.
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