Help! New Bathroom Leaking - Who pays?

simonj007

Oldsoak - I head about that technique - but how do they know where the leak is to cut the ceiling?

Also, it's cutting through the ceiling and then the floorboards above isn't it?

keystone

Far too early to involve Trading Standards or threaten a legal route. Give them the opportunity to sort it. 1 week is really insufficient. It might be seen as unreasonable. Yes its their problem to fix but give them 2 but not beyond the end of the month. Not keen on the way that the son is shovelling off total responsibility in the direction of his dad though.

Cheers

fluffpot

Generally this type of problem IS fixed from below as it's much easier to cut a hole in your ceiling to get to the pipes (and then plasterboard/re plaster) than to take up tiles. They will be able to see where the leak is from the damp patch.

Leif

keystone wrote: »

Far too early to involve Trading Standards or threaten a legal route. Give them the opportunity to sort it. 1 week is really insufficient. It might be seen as unreasonable. Yes its their problem to fix but give them 2 but not beyond the end of the month.

The law does indeed state that you must allow them to rectify the problem unless you can demonstrate gross incompetency i.e. everything is wrong, or the work is dangerous, and that is not easy, it requires independent surveys for example. The OP is not at that stage and needs to talk to Citizens Advice, they are trained in the legal aspects, or his relative. I would be asking them what to do if the ceiling and/or leak repair is/are stuffed.

Also, the OP would do well to send letters to the 'company' stating the issues they have had, and the requirement to get it fixed, or pay for it to be fixed, and send the letter by recorded delivery, so there is proof it was received. Keep it polite but firm so you look reasonable just in case it turns unpleasant. If this is done verbally, there is no proof. Sorry if this is stating the blindingly obvious.

southcoastrgi

i agree with most of the posts on here, but what worries me is the OP post no 8 the son has said he is no longer trading & as the OP contract was with him, no amount of legal action can get him to do anything if he has gone bust

keystone

Leif wrote: »

........ needs to talk to Citizens Advice, they are trained in the legal aspects, or his relative.

. Couldn't agree less I'm afraid and if we have to agree to disagree then so be it. CAB are as much use as a chocolate teapot 9 times out of 10 IMO and his brother could well be a family law practitioner. What on earth would he know about commercial contract law?

I would be asking them what to do if the ceiling and/or leak repair is/are stuffed.

Quite

Also, the OP would do well to send letters to the 'company' stating the issues they have had, and the requirement to get it fixed, or pay for it to be fixed, and send the letter by recorded delivery, so there is proof it was received. Keep it polite but firm so you look reasonable just in case it turns unpleasant. If this is done verbally, there is no proof.

Agree 100% biut I'd suggest the use of "must" rather than "would do well to". My bad for failing to say so.

Sorry if this is stating the blindingly obvious.

Don't be 'cos it's spot on.

Cheers

keystone

keithgillyon wrote: »

i agree with most of the posts on here, but what worries me is the OP post no 8 the son has said he is no longer trading & as the OP contract was with him, no amount of legal action can get him to do anything if he has gone bust

Mmmm - Missed that earlier. You'm right could get messy but irrespective of whether he's ceased trading and not taking on new business or not he still has a moral (at the very least) obligation to honour whatever workmanship guarantees he gave.

Am now also starting to doubt that there was a proper contract in place with a trading entity - even a sole trader. It obviously took 7 weeks because OP allowed his contractor not to turn up until 4pm in the afternoon and b.....r off again at 17.30. Bet it was cheap!

Lets hear details of the "proposition".

Cheers

southcoastrgi

keystone wrote: »

Mmmm - Missed that earlier. You'm right could get messy but irrespective of whether he's ceased trading and not taking on new business or not he still has a moral (at the very least) obligation to honour whatever workmanship guarantees he gave.

Am now also starting to doubt that there was a proper contract in place with a trading entity - even a sole trader. It obviously took 7 weeks because OP allowed his contractor not to turn up until 4pm in the afternoon and b.....r off again at 17.30. Bet it was cheap!

Lets hear details of the "proposition".



Cheers

True KS i would say he had a moral obligation to put things right, but as we all know in the real world how often does that happen, most people who go bust just wash their hands of everything, existing customers, merchants, after all if they are not trading anymore it matters not to them if they don't get any recommendations or upset their existing customers as there is nothing in it for them, lets face it why should they put their hands in their pockets to pay for any repairs if there is nothing in it for them, the father is a "plasterer" but do we know what the son did all day ?

it just sounds like a couple of chancers who thought it would be good to branch out but didn't really have a clue & i'm guessing if the work took 7 weeks they didn't have a clue in the first place & unless the price was astronomical then they didn't make any money anyway & therefore even more reason for them not to spend out doing repairs.

keystone

either that or the little toerag was moonlighting from his day job with a proper bathroom installer to make a bit on the side in which case he was probably never "trading" at all, got found out by the guvnor and warned off. Still bet it was cheap.

Cheers

Leif

keystone wrote: »

. Couldn't agree less I'm afraid and if we have to agree to disagree then so be it. CAB are as much use as a chocolate teapot 9 times out of 10 IMO and his brother could well be a family law practitioner. What on earth would he know about commercial contract law?

You are right, his relative might not practice in a relevant area of law, but the advice is probably worth taking if free. I would not use an alternative solicitor. Do you know what these people charge?

As far as Citizens Advice are concerned, my experience was positive in that they gave me correct advice that was helpful, albeit basic. That is all I can say. I assume you are speaking from personal experience?