How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60598
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

My roof is leaking and the loft company who I think are

This answer was rated:

My roof is leaking and the loft company who I think are responsible are trying to avoid paying for repair- which type of lawyer do I need to consult please
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have emailed the loft company, they have emailed me back...
Assistant: Where is the loft located?
Customer: Walthamstow, london
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The loft company provided us with a 10year guarantee of works and materials when they completed the loft conversion in spring 2016

Hello, my name is Ben, I am a qualified lawyer and I will be assisting you with your question today.

Why do you say you ‘think’ they are responsibl, I presume they are the ones who installed it?

Customer: replied 10 days ago.
Yes I only say I think because they say that while they installed the two large velux windows, made a large hole in the existing roof for use as an entry and exit point for their builders prior to the installation of the loft stairs, they are not responsible for the ‘existing roof’ I believe that because they made all those large holes, and their builders walked over the ‘existing roof’ tiles to and from the scaffolding and the entry/exit hole, that they are responsible for the ‘existing roof’ also. They gave us a 10 year guarantee on the loft which we assumed covered us for any roof leaks (and other thins).
Customer: replied 10 days ago.
The company built the whole loft conversion and installed two large velux windows in the existing roof as well as built two dormers on the back, all in all they built two small bedrooms and a loft bathroom.

Thank you. A lot will depend on whether the issues you are experiencing now can be traced back and linked to their work. This is not so much a question for a lawyer, rather one for a builder who can confirm if that is the case. Once you have established that, you can consider your legal rights.

 

When a person enters into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:

  • Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession)

 

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it. This will include quotations and any promises about timescales or the results to be achieved.

 

If there are problems with any of the above, the customer will have certain rights:

 

In the event of substandard work, the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, the consumer can claim a price reduction, based on the severity of the issues. If the trader refuses to resolve the issues, the consumer can consider getting someone else to do this and either deduct these costs from the total owed to the original trader, or pursue them for any extra costs that have been incurred.

 

In order to resolve any problems that have arisen, it is generally recommended that the following steps are followed:

 

  1. Collect all documents relating to the work (e.g. quote, contract, correspondence, etc.).
  2. Contact the trader and explain your problem. Ask them to resolve any issues and set a reasonable time limit for them to respond (7-14 days is common).
  3. In the meantime, find out if the trader is a member of a trade association with a mediation service that can help resolve the complaint.
  4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses and any additional costs.
  5. If the trader fails to respond or refuses to resolve the problem, you could consider taking legal action. Remember that court is a last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.
  6. Finally, make sure that keep copies of all correspondence.

 

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may issue your claim via the Court’s online portal at www.moneyclaim.gov.uk.

 

Does this answer your query?

Customer: replied 9 days ago.
Really helpful, thanks so much : )

All the best

Ben Jones and other Law Specialists are ready to help you