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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice
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In July 2013 I had 5 up cat runs erected cats

Resolved Question:

In July 2013 I had 5 up cat runs erected for boarding cats as a small business. Since day one, the cattery has leaked. It has had a replacement roof and the fitter has been back several times but doesn't know how to cure it so goes round with yet more sealant.
In the high winds before Christmas the frame blew off the base at the front. He laughed about it when he came next day but I can't sleep now when it's windy in case it moves again and cats escape. The doors don't hang properly since as the whole frame must have jarred.
Today it has again leaked into the sleeping accommodation and I' ve emailed him but he is away until the 8th and makes no mention of coming when he is back.
I've lost so much money on this as I am afraid to put cats in the run which always leaks,and I don't have much faith in the rest of it.
I am afraid to visit a Solicitor because of the cost.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

Am I able to claim that the build is not fit for purpose and ask for a refund, which I know he will refuse

Expert:  Jo C. replied 2 years ago.
Did you purchase the run from the fitter?
Or purchase it elsewhere and then instruct the fitter?
Customer: replied 2 years ago.

Purchased from the fitter

Expert:  Jo C. replied 2 years ago.
Thanks.
How quickly did you first complain about the leaks please?
Customer: replied 2 years ago.

Within a few weeks.

In November he came out with someone I believe to be the manufacturer and although nothing was said at the time, a new roof was fitted in December, but the leaks continued.

Expert:  Jo C. replied 2 years ago.
Thank you.
If the same fault exists then you do have a claim.
This purchase is covered by the sale of goods act and that demands that anything sold is fit for purpose. Clearly this does have faults because he is returned to put them right so I don't think that he can deny that they exist.
The issue will be that they are very old now but since you complained very quickly and the reason that they are rolled is that he has failed to correct them adequate they the sale of goods that will still cover you.
You are under a duty to give him reasonable attempts to repair any faults but you seem to be saying that you have done that and he has failed. If so, that does trigger your rights to demand a refund.
The only issue though is that he is entitled to reduce a refund to reflect any use that you've had from the cattery.
Can I clarify anything for you?
Jo
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