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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70637
Experience:  Over 5 years in practice
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I had a conservatory roof fitted in 2004 it cost a over 10,000

Customer Question

I had a conservatory roof fitted in 2004 it cost a over 10,000 pounds and had a 10 year guarantee that it would be water tight, there have been leakage problems with it since the start and they just always come eventually and stick a bit of sealant around to fix it, I do not live in the property, I just rent it out and it usually takes so long to get them out to . I am coming close to the end of the 10 year guarantee, is there anything I can do before the guarantee runs out, in reality it has never fitted perfectly from the start but I have been repeatehttp://www.justanswer.co.uk/loc/en/img/buttons/get_answer_on.gifdly fobbed off with sealant repairs
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?

Is there any reason you cannot rely on the guarantee?
Customer: replied 3 years ago.

Well my problem is that I have asked them to fix it on and off since it was repaired, it never fitted properly and they just fit sealant to fill the gaps, they have never actually replaced anything, I really wanted it to be fixed not glued together. I have tenants who have had water dripping into the tv sets and stereos, I have been living out the country till now, so would ring ask them to go and fix it properly and they would again come with a sealant gun and stick up the gaps which would last a short time. Soon they won´t even do that, while the guarantee is still valid is it possible to get them to replace the place that never fitted properly, which is a very big job

Expert:  Jo C. replied 3 years ago.
Thanks.

If this was in 2004 then its quite unlikely that a Court would make them replace it completely lightly but a proper repair is a reasonable expectation.

At the moment it is still under guarantee. You need to scrutinise the guarantee carefully to see if there are any exclusions. A guarantee is a contract like any other. If the guarantee says that it will be repaired within the 10 year period then you are entitled to demand it be repaired.

If they refuse to do it or refuse to do it to a proper standard though then you are left with the option of instructing another to do the work and suing them for the cost. You really need to be thinking about that now since the guarantee is about to expire. If you don't act within it then you will have lost your claim entirely.

It is likely to be a small claims court sum and so it would be cheap and quick to issue against them. You can do so here

www.moneyclaim.gov.uk

Its worth sending them a letter before action giving them 28 days to put this right. They may act or they may ignore it but its only going to cost a stamp and it protects you from a costs application.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thanks for that I have a couple of other issues from the tenant about the flat rental, as far as the leak in the roof goes I shall get straight on to looking at the guarantee, can you please also tell me with regards to the tenant in the flat, she has written to me saying there was a infestation of mice and she and the woman above shared the costs for someone to come in put down poison and fill holes, she is going to take the money off the next months rent, should I be responsible for paying for mouse problems ? Thanks

Expert:  Jo C. replied 3 years ago.
I think you would really need to ask another question about that as thats a dissimilar topic from your original and not my area.

Thats really a property question. We do have a property section though and you can post it in there. If you are on subscription then it shouldn't cost more.