Question

[bennettp23]

Hi,

Not really a snagging problem, but it was!

Miller homes retrofitted some guttering to my property 1 year after it was built. Its now 3 years old and the guttering is leaking.

I have called them but they have said no chance they are going to deal with it, out of warrantee, I'm a bit miffed!

Are they correct that I don't have a leg to stand on?

Thanks


Paul.

[Gzmo]

This might be something you can talk to NHBC about - but don't hold your breadth as they have little power - with a bit of luck if they fitted it 1 year after the build then you may still be covered under the 2 years warranty - I would just keep making a fuss and hopefully they will see sense and help you out.

Best of luck

[SteveF]

Hi Paul

what do you mean by 'retro fit'.

SteveF

[Tony]

Originally Posted by bennettp23

!

Miller homes retrofitted some guttering to my property 1 year after it was built. Its now 3 years old and the guttering is leaking.

I have called them but they have said no chance they are going to deal with it, out of warrantee, I'm a bit miffed!

Are they correct that I don't have a leg to stand on?

Yes it is out of warranty and although new homes are not covered by the majority of the consumer legislation (i.e. Sale of Goods Act etc.) common law still applies.

terms will be implied requiring
the dwelling to be constructed in a good and workmanlike manner

The assumption is that you have maintained the guttering by clearing out leave etc. It is not uncommon for the drops to be incorrect and I guess this would be the root cause.

You can use the small claim process to get this resolved.

HTH

Tony

[SteveF]

Hi Paul and Tony

The reason for asking what Paul meant by 'retro fit' was to establish whether the guttering had been installed by the builder either to resolve some underlying issue or was it to replace defective guttering as would be required under the warranty if reported within the first 2 years.
Should the reason that the 'retro fit' guttering had been installed because the original guttering failed and the replacement guttering has subsequently failed, then i believe that the builder will have a responsibility under the terms of the NHBC Warranty to deal with the defect as the remedial works carried out during the first 2 years have not remedied the problem.

regards

SteveF

[Tony]

Hi Steve,

Yes, you are correct and a fix under the warranty would be expected to be done in a workmanlike manner and would require a duty of care. Under contract law this would apply for six years from the date of the first attempt. Either way a report would be required to prove that the work had not been completed in a workmanlike manner.

Tony