Paid a roofer, and the roof still leaks
If the leak was never fixed, or it's worse than before, you don't have to just accept it. You can take a roofer to the small claims court to recover what you paid, or the cost of getting the job put right properly. JustClaim prepares the paperwork so you don't have to work out the legal side alone.
Courts may award simple interest on money you are owed — commonly 8% a year under the County Courts Act 1984, at the court's discretion rather than automatically — usually running from the date the money fell due. Court fees are typically added to a successful claim.
These are the exact situations that come up again and again with roofing disputes.
The sorts of things people tell us about this kind of dispute. 12 cases like it have come to us.
What a builder owes you, legally
Building work for a homeowner sits under consumer law as well as ordinary contract law. These are the provisions that usually decide unfinished and defective work.
ActConsumer Rights Act 2015, ss.49 & 57Services must be carried out with reasonable care and skill.
Section 49 implies a term into every contract where a trader supplies a service to a consumer: it must be carried out with reasonable care and skill. Section 57 limits how far a trader can exclude or restrict that term, so a line in a quote generally won't remove it. Work falling below the standard a competent tradesperson would meet is normally a breach, whether or not anything was written down.
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, ss.51–52Where no price or deadline was fixed, both must be reasonable.
If the job was agreed without a firm completion date, the law fills the gap: it must be carried out within a reasonable time. What counts as reasonable generally depends on the scope of the work, agreed sequencing, access, supply problems and any variations — which is what answers a flat "there was never a deadline".
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, ss.54–56Repeat performance, price reduction — and damages alongside.
The statutory service remedies are repeat performance (the trader putting the work right at their own cost, within a reasonable time and without significant inconvenience) and, where that isn't possible or doesn't happen, a price reduction which can run up to the full amount paid. Section 54 preserves other remedies too, including damages, so this is not always a rigid sequence. Evidence of the opportunity given to the trader is typically something courts consider.
Read it on legislation.gov.uk ↗Case lawDamages — the cost of putting it rightThe usual measure is what it costs to get the work finished properly.
Contract damages generally aim to put you in the position you would have been in had the work been done properly, and the usual starting point is the reasonable cost of completing and correcting it. Courts may also weigh proportionality, betterment and mitigation — where a remedial cost is out of all proportion, the measure can instead reflect the reduction in value. A written quote from another trader is typically central either way.
Case lawFailure of basis — money paid for work never doneA deposit taken for work that never happened is usually recoverable as a debt in restitution.
Where you paid for something and received essentially nothing in return, the law of unjust enrichment generally allows recovery of the payment on the ground that the basis for it failed totally. It typically runs alongside a breach-of-contract claim and can be simpler where a trader took a deposit, never started, and then disappeared — there is little to argue about beyond the fact of payment.
ActLimitation Act 1980, s.5Six years from the breach, as a general rule.
Time generally runs from the breach rather than from when you noticed it, so defects that surface years later can raise harder limitation questions. Evidence — quotes, messages, photographs — also tends to be easier to assemble while the work is recent.
Read it on legislation.gov.uk ↗General information about the law of England and Wales, not advice on your case. Different rules can apply to work done for a business rather than a household.
What roofers say, and what it usually means
A leak that appears after work usually points to a problem with that work. If it doesn't stop, an independent inspection can help show whether the repair itself caused it, and that report often carries weight in a claim.
Without a written quote, it can come down to what was actually discussed and paid for. Texts, invoices, or even a WhatsApp message confirming the job can be enough to show what was agreed.
An agreed refund that doesn't turn up is usually still owed, even if only spoken about. Courts can treat this as a debt in its own right, separate from the quality of the work.
A pattern of missed appointments and false reasons is often used as evidence that the trader isn't going to fix the problem. At some point it usually becomes reasonable to get someone else in and claim the cost.
Three steps, no solicitor
Your side, your words
What happened, what was agreed, what you are out of pocket. We ask what a court would ask.
A formal demand
A letter before action with a deadline, setting out what is owed and why. Many disputes end here.
Court claim, prepared
If they will not engage: a small claim drafted, checked and filed. We do the paperwork; the decision is the court’s.
What JustClaim is: we prepare and file the paperwork for your claim, for a fixed price shown before you pay. We're not a law firm, this isn't legal advice, and no outcome is ever guaranteed — what you get is the strongest honest version of your case, properly made.
Questions people in this exact spot ask
The roofer didn't give me a written quote, can I still claim?
Yes, usually. A written contract makes things easier to prove, but courts regularly deal with cases where the agreement was verbal. Bank transfers, texts, and any messages about the job can help show what was agreed and paid.
He offered to come back and fix it, should I let him try again?
That's a personal call. Some people give the trader one more chance; others have already had a failed repair attempt and feel that's enough. If a second attempt also fails, it usually strengthens the case for getting someone else in and claiming the cost.
I got an independent inspection, does that help?
An independent report describing the workmanship, such as skipped steps or poor materials, is often useful evidence. It can help show the work wasn't done to a proper standard, separate from your own account.
How much can I claim if the leak is still there?
Typically the cost of putting the work right, which might include a second roofer's quote or invoice, alongside any refund for work that failed. Claims like this often fall in the £1,000 to £5,000 range, but it depends on the job.
What if the roofer just ignores my messages now?
That's common once someone realises you're serious about a refund. It doesn't stop you making a claim. In fact, a record of unanswered messages and missed appointments can support your case.
Do I need to send a letter before making a claim?
Usually yes, a clear letter or message setting out what went wrong and what you want is expected before a court claim, and it often prompts a response you wouldn't otherwise get. JustClaim can help put this together as part of the process.
Still dealing with the same leak?
You've likely already tried to sort this out directly. If it's gone nowhere, JustClaim can help you prepare a small claim for the cost of putting the roof right.
Claim what you're owed →