My roofer hasn't done his job correctly.

plumb1_2

ginger67 said:

And just wondering if I can get compensation for this survey from either my home insurance or anywhere else. 

 You will have to pay several hundred pounds for a written investigation. If the roof has been installed incorrectly then maybe? But installed correctly and shoddy work is a different matter.
Chimney bricks/flashing could have moved/cracked due to weather conditions. Hard to prove.
Just move on, and consider that the roofer is willing to return.

born_again

[Deleted User] said:

From what we've been told, it's a chimney issue, it's huge leap to assume that the roofer is to blame.
Chimneys can be complex and prone to any number of issues.
It might be worth a general builder or surveyor taking a look to establish what's happening, at the minimum it would offer a second opinion, rather than a roofer who isn't trusted and an owner without technical knowledge.

I can't help feeling that the thread is running away at a tangent.
This talk about blame, consumer status of the property owner, the nature of the roofer's business, warranties, t&c etc all seems very premature, when we haven't even established (other than OPs opinion) that the roof is leaking.

The only issue that seems clear is that 'water has come and damaged the inside walls of the property. The white paint has gone chalky and chipped off and the water has gone through both the upstairs and downstairs rooms'

The problems need to be diagnosed. I'd suggest a surveyor as they are not looking to gain extra work from you.

Once you have established what's happening, you'll be in a far better position to challenge the roofer and hold them to account if needed.

Could well be a leaking tank in the loft. If there is one.

So good point. Needs someone to go & look in the loft to see if there is anything obvious 👍

[Deleted User]

born_again said:

Tucosalamanca said:

From what we've been told, it's a chimney issue, it's huge leap to assume that the roofer is to blame.
Chimneys can be complex and prone to any number of issues.
It might be worth a general builder or surveyor taking a look to establish what's happening, at the minimum it would offer a second opinion, rather than a roofer who isn't trusted and an owner without technical knowledge.

I can't help feeling that the thread is running away at a tangent.
This talk about blame, consumer status of the property owner, the nature of the roofer's business, warranties, t&c etc all seems very premature, when we haven't even established (other than OPs opinion) that the roof is leaking.

The only issue that seems clear is that 'water has come and damaged the inside walls of the property. The white paint has gone chalky and chipped off and the water has gone through both the upstairs and downstairs rooms'

The problems need to be diagnosed. I'd suggest a surveyor as they are not looking to gain extra work from you.

Once you have established what's happening, you'll be in a far better position to challenge the roofer and hold them to account if needed.

Could well be a leaking tank in the loft. If there is one.

So good point. Needs someone to go & look in the loft to see if there is anything obvious 👍

Could be anything. I just typed 'why is my chimney leaking' into Google.
There are literally dozens of causes and not that many are 'roofing' issues. Those that are, are generally quite easy to resolve.

CurlyB

Hi OP.

I am in an almost identical situation and am a lawyer by training.

I will be pursuing the roofer in my case for breach of contract if I have to. All contracts have to be carried out with "reasonable care and skill". The question of whether consumer law also applies is arguable, and for the other party to establish that you are not acting as a consumer. However, as it was introduced to redress the imbalance of power, it seems clear that you - and I - are not acting as building professionals. Case law shows that landlords can rely on consumer protections in their dealings with letting agents, so I will be arguing, if I need to, that this applies here too. I too am not running a limited company. However, legal proceedings are slow and complicated, and I am first trying to mediate through his trade body. As I prepare my case I realise what a dirty scoundrel he has been and I am fuming. 

It is deeply unpleasant when people take advantage of trust and kindness, and they don't deserve to walk away without taking responsibility for their actions. 

However, if you have leaks, as another poster has said, can you get other professionals to come and identify the problem and quote for the work. This should be without cost and will help to establish the basis of your claim. 

Best of luck

heatleader

The main factors are not so much whether you are classed as a landlord or as a consumer but rather the construction work itself and the contract under which it was carried out.

If there were drawings or a specification or other tender documents e.g. such as a bill of quantities, these are key documents.  However, from the information given I assume there were no tender documents i.e. possibly only a quotation from the roofer.  You would need to check what the quotation contains.  And then of course how you instructed the roofer to proceed, e.g. accepting the roofer's quotation.

As others have said, you need to ascertain the cause of the water ingress.  A building surveyor's investigation/report or condition survey would identify same.

Any contractor carrying out building work owes a duty of care and if the work is deficient they would be liable for any resultant damage.  But you need to ascertain the nature of any defects.  And any evidence such as photographic evidence would be a  useful evidential record, including damage to the building and contents.

In regard to construction works and also any damage to buildings there is also the matter of insurance.  The builder would require to have insurance in place such as Employer's Liability Insurance, Public Liability Insurance, and if designing then also Professional Indemnity Insurance.  But again you would need to identify the cause of the water ingress, and whether it derives directly from any identifiable construction or design defect to enable claim against the builder's insurances.  And then of course there is your own buildings insurance cover.

Lastly, 'retention' is often used in the building industry, e.g. payment less a retention percentage of such as 5% and while in this instance this would only be £500 it is money which most contractors would wish to have released by completing works fully and attending to any identified defects.