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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 9
Experience:  Moderator
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Buy to let property, the master bedroom has mould caused by

Customer Question

Buy to let property, the master bedroom has mould caused by the windows. The builder has been contacted and the property is only 7 years old and the windows should be under warranty however the company that supplied and installed the windows have gone under. where do we stand and who should be made liable? tenant is 8 months pregnant and understandably wanting a reduction in rent.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

Have you ascertained the cause of the mould?

Sometimes it is caused by the manner of occupation.
Customer: replied 2 years ago.

Hi Jo,

We have had several contractors attend the property who have advised that the cause of mould is due to poor fitting of the window and the build, however as this property has a flat roof this is not covered by the NHBC.

The windows are aluminium frame as opposed to plastic.



Expert:  Jo C. replied 2 years ago.

Is there any underwriter to the warranty?
Customer: replied 2 years ago.

We are waiting for a copy of the warranty to be sent from the builder is there a quicker way of getting this do you know?


Expert:  Jo C. replied 2 years ago.

You really need to get to the bottom of that as it might be your only change.

If this is not covered by NHBC warranty then you are out of time to bring an action against the developer under the Limitation Act 1980. I suppose that you could apply for more time but its fairly strictly enforced.

You cannot bring a claim against the installer because there is no contract between you and the insaller and liability is with the developer.

If the windows have a 10 year warranty then you would be able to rely on that. Many warranties cover the actual hardware and not the installation unfortunately though. If its the installation that is defective then you may or may not be covered.

From my experience unfortunately these warranties are often completely worthless as often they are provided by companies no longer trading.

If that is the case and it is insurance backed then you can complain to the financial ombudsman.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Expert:  Nicola-mod replied 2 years ago.

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