Roof issues and potential small claims court

[EL8888]

We got our bathroom roof replaced back in February. After it started leaking and we were told it needed replacing, we live in a ground floor flat so it’s a separate roof to the rest of the flat -we live in a ground floor flat. Work seemed ok and no issues until a few weeks ago. It started to leak, we contacted the roofer to come round as it had a guarantee. He reluctantly came round after some ducking and diving, then he claims additional work is needed and it’s not covered by the guarantee . He then vanished for a time. In the meantime we got a 2nd, 3rd and 4th opinion. They all said he was wrong and he had done a terrible job. The 2nd guy asked if a 5 year old had done part of it. Basically the roof needs replacing as everything is wrong -flashing, lead, wrong tiles, tiles laid the wrong way, no overhang, insufficient felt etc etc.

We are reluctant to pay for a 2nd new roof in less than a year so want to go down the small claims court route for the original guy. We don’t want him to remedy it as he either doesn’t know what he’s doing and / or can’t be bothered doing it properly.
Plus he had the chance in February to do it properly. How do we take this forward? Bearing in mind the roof is still leaking and we can’t wait around for the court -we are concious there are court delays

Write to him setting out the facts, saying what you want from him and, assuming it is cash, showing how you've calculated the amount, and giving a reasonable deadline for a response (28 days is normal). You should also include copies of the key documents you will use to support your case (e.g. the reports you've had) and a list of any documents you want from him. Make it clear that you will take legal action if he fails to respond by the deadline. Once the deadline has passed you can start your claim. Remember to add the court fee to your claim.

Make sure you know whether you dealt with the roofer personally or with his company. If it was his company, you must send communications to the company and sue them. You should only sue him if he was dealing with you personally. You should also check that he or his company is likely to be able to pay the amount you are demanding, otherwise you could end up out of pocket.

@prh47bridge thanks for this

It’s his company so we send correspondence to the company address then. But we were dealing with him personally?

Can we have the roof repaired in the mean time? The roof has been leaking for nearly a month now and obviously the weather is only going to get worse

If you paid the company the fact he was the only person you dealt with is irrelevant. You must send correspondence to the company and sue the company.

You've given him a chance to fix the roof and he hasn't done so. I would give him a final chance to either fix it or pay the costs of getting it fixed in the letter. If he fails to offer to fix the roof free of charge by the deadline you can get it repaired by someone else. It isn't the end of the world if you get it repaired without waiting but he may be able to argue for reduced compensation on the basis that he would have fixed it if you had given him a chance.