Small Claims Court - Leaking Roof

redskins1791

Hi All
Since builders replaced my flat roof, it has been leaking badly, and the bedroom ceiling has now also come down. They have been up 3 times to try and fix it, but do not appear to know where the leak is or how to fix it (the roof did not leak before it was replaced, but needed replacing )
My Question is - before going to the small claims court I have been told I need to sent a letter to them (letter before action) giving them 14 days to fix the problem and failing this I will take action in the County Court.
But I have no confidence in these builders fixing the problem after 3 failed attempts, and just want my money back, so I can employ someone to start from scratch again and do it properly.
Would the court accept a letter before action if it was along the lines of a refund, rather than them trying again to repair it.

Thanks

Redskins1791

pinkshoes

redskins1791 wrote: »

Hi All
Since builders replaced my flat roof, it has been leaking badly, and the bedroom ceiling has now also come down. They have been up 3 times to try and fix it, but do not appear to know where the leak is or how to fix it (the roof did not leak before it was replaced, but needed replacing )
My Question is - before going to the small claims court I have been told I need to sent a letter to them (letter before action) giving them 14 days to fix the problem and failing this I will take action in the County Court.
But I have no confidence in these builders fixing the problem after 3 failed attempts, and just want my money back, so I can employ someone to start from scratch again and do it properly.
Would the court accept a letter before action if it was along the lines of a refund, rather than them trying again to repair it.

Thanks

Redskins1791

Although three attempts to fix it is sufficient, I would send them a Letter Before Action giving them one last chance to fix it, before you take them to court for the cost of having it repaired by someone else, along with all repairs to the ceiling.

Make sure you get three quotes from other builders for the cost of the work.

Give them a reasonable time scale to fix it.

Blackbeard_of_Perranporth

Minds of my old pad, years passim. Had leak on flat oof. Could not afford to repair, so me and mate got some felt!, got up there and fixed it. Good job done, lasted well til winter storm Boxing Day '98. Chimney came loose, front and rear flats leaked. Called insurer, came found, authorised work. Good.

Man came to do roofs, enquirer as whether his gaffer had come up to inspect. Said no! He just authorised it. He retorted, bloody good job, I no idea who did last job up here, but they had used cheap shed felt!

Sold place shortly after, with nice leak proof roof!