A leaking ceiling after the warranty expired

John Conlin / 12 June 2018

A reader's son is living with a leaking ceiling after a recurring problem persists and the property's warranty has expired.



Question

Before the 10 year warranty ran out on my son’s bungalow they noticed a lot of damp and notified the insurer. Some work was done but it did not cure the problem and over the subsequent five years they have sent 10 or so different contractors but the problem seems to be getting worse.

A few weeks ago water was pouring in my grand daughter’s bedroom. Does my son have any continuing legal rights under the 10 year warranty.

Answer

Because the original defect occurred within the 10 year warranty and the subsequent work has always related to the original defect there is continuity and until the original problem is solved liability under the 10 year warranty remains. I think your son needs an independent professional to examine the problem and recommend a permanent solution. He should engage a chartered building surveyor. Search the ‘Find a Surveyor’ section of the Royal Institution of Chartered Surveyors website.

He should write to the insurers listing the unsuccessful repairs and informing them that enough is enough and an independent chartered surveyor is being appointed to establish cause and remedy and his fees must be refunded as part of the original claim.

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