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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19904
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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The warranty on my home has expired but the problem I have

Resolved Question:

The warranty on my home has expired but the problem I have is an existing one that has been 'rectified' previously by the builder. Should they still re-rectify the problem or am I now completely liable for fixing myself?
Submitted: 1 year ago via InBrief.
Category: UK Law
Expert:  Stuart J replied 1 year ago.


Hello, I am Law
Denning and I am a practising solicitor in a High Street practice. I have been
an expert on this website in UK law since 2008. During that time, as you
appreciate, I have answered thousands of questions from satisfied users on a
variety of subjects.



Because
we are all in practice with clients and court and other users, I might not always respond in minutes,
particularly evenings and weekends. Please bear with me in that case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.



How
old is the house? What is the problem? Can we have full details please?



Thanks



Customer: replied 1 year ago.


The house is just over 2 years old. There seems to be some form of leak in the upstairs bathroom (I believe it could be faulty pipework) affecting the bathroom floor, skirting and the ceiling to the hallway downstairs. We have had the floor repaired previously due to this problem.

Expert:  Stuart J replied 1 year ago.




Under
the Supply of Goods to Consumer Regulations, "goods" have to be free of
manufacturing defects for six years.

A
house is "goods" for the purposes of the Regulations.



The
burden is on you to prove that the goods are defective and were defective at
the time of manufacturer/build



It
seems most unlikely this defect was not there at the time of the building
because leaks like this do not simply happen.



My
suggestion, if the builder is refusing to remedy the problem is to get it fixed
and so the builder in the Small Claims Court if he does not pay up which you
can do quite easily here www.moneyclaim.gov.uk



Does
that answer the question? Can I help further? Can I answer any specific points?



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Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19904
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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