Hello, I am LawDenning and I am a practising solicitor in a High Street practice. I have beenan expert on this website in UK law since 2008. During that time, as youappreciate, I have answered thousands of questions from satisfied users on avariety of subjects.
Becausewe 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 caseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
Howold is the house? What is the problem? Can we have full details please?
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.
Underthe Supply of Goods to Consumer Regulations, "goods" have to be free ofmanufacturing defects for six years.
Ahouse is "goods" for the purposes of the Regulations.
Theburden is on you to prove that the goods are defective and were defective atthe time of manufacturer/build
Itseems most unlikely this defect was not there at the time of the buildingbecause leaks like this do not simply happen.
Mysuggestion, if the builder is refusing to remedy the problem is to get it fixedand so the builder in the Small Claims Court if he does not pay up which youcan do quite easily here www.moneyclaim.gov.uk
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