Each month, Jasper Griegson, aka The Complainer, picks one submission to respond to.
If you could do with some expert advice on a tricky situation, Ask The Complainer now
In our last Ask The Complainer, Jasper responded to Marceline – who was in a dispute with an insurance company and facing eviction.
This month, Jasper responds to Nicky, who’s been ghosted by the Roofing company.
This is Nicky’s question…
Dear Complainer,
4 years ago, S&M Roofing put a new roof on my bungalow and all seemed to be good.
However, recently, I have had a very bad leak between the pitch roof and the flat roof, and have water pouring down an interior wall.
After many attempts to contact S&M Roofing, no contact has been made with me. On completion, I was given a guarantee for 30 years on the pitch roof and 25 years on the flat roof, on reading small print I would void this guarantee if I get another person in to carry out the repair.
I am at a loss for what to do next. Can you help me please?
Nicky
This is The Complainer’s advice…
I sympathise with your situation. A roof leak causing internal damage is not something you can ignore, and it’s particularly galling when you were given long-term guarantees that now feel worthless because the contractor has gone silent.
From what you’ve described, the law is very much on your side. If S&M Roofing Limited carried out the work and provided guarantees, they remain responsible for putting defects right – ignoring you does not relieve them of that duty.
Under section 49 of the Consumer Rights Act 2015, a trader must carry out their service with reasonable care and skill. A leaking roof four years after installation, coupled with a refusal to engage, strongly suggests that standard has not been met. In addition, section 52 requires services to be performed within a reasonable time. Leaving you with an ongoing leak and no response plainly fails that test.
Here’s what I suggest you do next:
- Stop chasing by phone and put everything in writing
Send an email and a recorded-delivery letter setting out:
- When the roof was installed
- The guarantees provided
- When the leak began
- The damage being caused
- Your repeated attempts to contact them
State clearly that their failure to respond is unacceptable and that you require a written response within 14 days.
- Tackle the “voided guarantee” clause directly
You are right to be cautious about the small print, but the law helps you here. Contract terms that penalise a consumer for a trader’s own failure to act may be unfair under Part 2 of the Consumer Rights Act 2015. You should say explicitly that:
- Their lack of response leaves you no reasonable alternative
- You will instruct another contractor if they fail to respond
- You will hold S&M Roofing liable for the cost
Having given them fair warning, it is very unlikely a court would accept that the guarantee was voided by their own inaction.
- Prioritise fixing the leak
You are entitled, and expected, to mitigate your losses. Allowing water damage to worsen just to preserve a paper guarantee would not be reasonable. If they do not respond within your deadline, get the roof repaired.- Recover the cost if necessary
If S&M Roofing refuses to reimburse you, you can pursue them through the small claims court for the cost of the repair, plus any associated damage. This would be a straightforward civil claim based on breach of contract and failure to provide services with reasonable care and skill.This situation is stressful, but you are not stuck. Be clear, be firm, keep everything in writing, and protect your home first. If S&M Roofing won’t act responsibly, the law gives you a practical way to hold them to account.
I wish you the best of luck,
Jasper Griegson
The Complainer
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