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Anthony Chendo
Anthony Chendo,
Category: Property Law
Satisfied Customers: 505
Experience:  Solicitor at BLM
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Over 12 months ago I had a repair done to my roof. yesterday

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Over 12 months ago I had a repair done to my roof. yesterday my neighbour claimed that the roofer has damaged his side of the roof boundary and he is expecting me to pay for it. His insurers have said that it is wear and tear. Am I correct in thinking that a fault would have shown itself before now given the amount of rain and that any issue should be taken up with the roofer.. not me. It seems that they have since gone out of business.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No he only called me yesterday.
JA: Have you talked to a lawyer about this?
Customer: No. Im not sure where to go with it.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is this service chargeable?

Hello

Welcome to JA.

How do you find out the information that his insurer believes it is wear and tear?

Customer: replied 4 days ago.
He told me . He said he had a leak, he had approached his insurers and they had said that it was wear and tear.He said that someone had looked and there were lumps of concrete pushing up his three of his tiles which had become displaced. I asked him for proof that it was the roofer I had used (via Checkatrade) and he said he had something online. He was not specific.
Customer: replied 4 days ago.
Your disclaimer says that the advice I am given is not legally binding, so I dont want to pay £44 if I then have to go and employ a solicitor. I am on a pension and not well foff.

Hello

Please ignore the automated call request unless you wish to talk.

I am currently reviewing your response.

From the circumstances given I suggest you dispute the neighbours comments because he has not provided any proof that the damage was caused by the works undertaken at your home 12 months ago.

I suggest you ask the neighbour to provide

  • documentary evidence from an expert which supports his assertion that it was the works undertaken that has caused the damage he alleges
  • A copy of the report his insurer produced which confirmed it is wear and tear.

Do you understand what I have stated so far if yes please let me know and I will proceed to the next step.

Customer: replied 4 days ago.
I suggested this to him yesterday and this is when he said he had something online. I also asked for a copy of the mobile phone photograph of the tiles and this hasnt been forthcoming yet.

Ok maintain your position because if he provides solid proof then you will need this. The main reason is you will have to send the proof to the roofer that did the repairs as the roofer could be potentially liable for failure to carry out service with reasonable care and skill IF the damage to your neighbour was as a result of the works undertaken

I hope I have clarified the position if not please let me know.

Customer: replied 4 days ago.
The roofer is no longer in business. I can find no contact information for them other than the number on my invoice...and this is not answered.
Customer: replied 4 days ago.
It was a mobile number.
Customer: replied 4 days ago.
I suspect that I may have been duped despite my precautions, although a roofer that has been up since has said that whilst it is an unusual way of doing a repair it will suffice.

Ok even though the builder may not be in business he may have had insurance which covered these sort of matters. That said before you get too bogged down with this situation I think your neighbour has to prove it was the works that caused the matter. Further I think you should aim to obtain the report from the insurer that said its wear and tear too.

Customer: replied 4 days ago.
OK. Thank you very much. I will wait on that information.
Customer: replied 4 days ago.
Is this conversation saved on my account?

It should be saved.

Please before you leave JA today please click on the 5 stars button at the top of your screen as this will help improve the service given in future.

 

Thanks

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