Leaking Windows - at the end of my tether!!

casperlarue

CCStar wrote: »

What rights do I have to compensation for distress, costs of living in alternative accommodation?

We had some enclosed balcony windows installed a year ago

Ever since, they have leaked when it rained. They have been back countless times and it still leaks a year on. I assume 'they' is the window company, have you written to them, detailing the problems and what you want done. Did you get a guarantee from them? Are they FENSA or CERTASS registered?

They said they were going to take the windows out and start again but instead they put more sealant on. Tonight the water is still coming in fast.
Have you though of contacting another window company, ask them to have a look and see if they can can recommend a solution? Try a small tradesman rather than one of the big companies.

We rented a house and thought it would be OK to move in after the lease expired. If you want to get your rental property back at the end of the tenancy you need to give the correct notice to your tenants by using a S21 notice.
We are at our wits end?:mad:

What can else can we do?

I think this has separated the two issues.....

Horasio

Fire_Fox wrote: »

You have not had a response because it is completely unclear what the situation is! :huh:

Who are 'they' who have been back countless times, the landlord?

The window company

Are you renting or do you own the property with the dodgy windows?

We own it, we lived somewhere else whilst doing the refurbs

Are you saying you paid to have windows installed in your rented property?

We own it

What do you mean you moved in after the lease expired?

The lease on our rental

Are these new windows you have had installed or older ones that you are trying to have repaired?

New ones we had installed a year ago

Have you written to your landlord or the window installation company to complain?

We ring them, they come and patch it, then they leak again - how does writing make any difference?

Who are you wanting compensation from, the landlord or the window company

Window company for not getting it sorted after a year and it damaging the walls with water damage

?

Replies above

They are with FENSA and have a 10 year guarantee. This is a local company who have most of the flats in our block and were recommended to us.

They have been doing patch jobs for a year that haven't fixed the leaks. That is why we are at our wits end. This is the first time we have had windows installed

Fire_Fox

Writing is formal communication and you can keep proof of all the contact, telephone is casual communication and you have little record of what was said. A letter is normally responded to with another letter, which means you have evidence of what promises are made. Companies tend to take letters more seriously, you can ensure the letter goes to the right person not the one who answers the phone. If you end up taking legal action you need proof of your complaints. Would you have been happy with a telephone guarantee?

Do you want cash or do you just want the windows and decor fixing? If you want money so that you can fix the walls, you need to get quotes from a building company to do the repairs. If you want lost earnings you need to list all the dates you took off work and calculate your hourly rate. Your claim for 'compensation' needs to be logical not conjured up. You won't get money for distress for a water leak unless your entire house was flooded, you are watching too much American TV.

In your letter of complaint, briefly outline the problem including timescale, much more clearly than you have here, and quote their warranty. List every phone call you have made (go through your phone bill), list every visit they have made and the outcome, list what you intend to claim in lost earnings/ repairs. Attach copies of relevant evidence. You are probably complaining under the Supply of Goods & Services Act 1982, quote the relevant parts of that Act (probably something about reasonable timescales and quality). Give them a reasonable amount of time to rectify the issue or you will be seeking legal advice.

Send to the head of the complaints department or the managing director by name. Send two copies of the letter from two Post Offices with proof of posting OR one copy recorded delivery AND check online it has been signed for. You might send copies to FENSA and to your local Trading Standards office - if you do add a cc. at the bottom of the letter so the window company know you have done that. Keep copies of EVERYTHING - Post Office receipts, letters, phone bill, quotes, warranty.

Fire_Fox

"I have a complaint about my replacement window/door installation

We are very sorry to hear that you are experiencing problems and have a complaint to make. Please know that FENSA can only deal with complaints regarding non compliance with the Building Regulations and providing the installation company is FENSA registered. Any other complaints should be referred to your local Trading Standards office, any Trade Association that the company may belong to or The Glazing Ombudsman, providing that they are members. However, all complaints must first be notified to the company and the company's own complaints procedure must be exhausted before the complaint is referred on.

How do I make a complaint?

• Firstly, please check that the company is FENSA registered by
clicking here
If the company is FENSA registered, please
click here

for advice on how we will deal with any complaints regarding non compliance with the Building Regulations that you may have about a replacement window/door installation. Where necessary FENSA will arrange an independent inspection on the installation work that is being investigated as a complaint. If FENSA considers that the Building Regulations have been breached and are non compliant FENSA will issue a variations report with corrections to be made on the installation which the installer is obliged to undertake.

• Customers also have the opportunity to raise any questions or complaints that they have about a FENSA Registered Business to the FENSA inspector during an inspection. For details about inspections, please click on the 'How will the inspections work?' below on this page."
http://www.fensa.co.uk/faqs.aspx#

http://www.tradingstandards.gov.uk/kent/factsheets/FS2NEW%20nov07%20services.pdf