New Summer House - Leaking and Mouldy

mae

Hi wanted to get some opinions to see if we are being reasonable.

Bought a Summer House July 2012 for our daughter. Approx a month later the roof was leaking. Company came back and applied complete new roof felt. Fine we were happy with that.

Forward to Christmas and I nipped in to get something and the walls were covered in mould in many areas, damp patches in several areas on all walls and the roof was damp again. The items inside were covered in mould and had to be cleaned with special cleaner and sanded down and one item had to be thrown away.

Contact the Company, took a while to get hold of them for various reasons but when we did they came out to see it. We were told it was because it needs vents putting in and guttering putting on. We were also told they would re roof again. As for the mould they would clean this off and apply a special paint.

We are not happy to accept this. Surely if a Summer House needs vents and guttering to keep it dry and mould free it should have come with them in the first place? I have lost faith in the Company.

I am not happy to accept a second re roof.

And I am not happy to keep wood that is damp and has been mouldy even if they say it will be cleaned and it will dry out.

They are refusing a refund on the grounds they have offered to repair.

I sent a letter yesterday saying that we are not happy to accept the repair and it is not fit for purpose (we can't even put anything in it) we wish to have a full refund of the £1100. I have given them 7 days to reply and then I will take them to the small claims court.

Also I have not asked them to pay for or repair any of the damaged contents I would just be happy to accept the refund and buy from else where.

Any advice or opinions, do you think we are right not to accept it being repaired for a second time?

Thanks

zaax

Sheds are not really suitable for storage unless they are damproofed. The walls need to be lined with tar paper or plastic, as wood will allow water through. Also the door needs to fit & watertight

mae

Thank you for your reply. When we bought the Summer House we specifically told them what it was for..ie entertaining my daughters friends so would have chairs, little table etc in and asked if it would be suitable for this. We were told as long as we supplied the correct base it (which we did) and painted on the outside with some special sealant (which we did)it would be absolutely fine. We trusted this info.

I understand what you are saying but given I know nothing about Summer Houses I trusted a company to tell me the truth and sell me a product fit for purpose. Also your information makes me distrust the manufacturer even more as they are only offering guttering etc and no mention of lining walls etc?

What is the point of a Summer House if you cannot keep anything in it? Surely it should be sold as you describe in the first place or sold with a full description given of what steps we have to take to make it waterproof etc.

Also just to add we had a small childs wooden play house previous to this that was 17 years old and we never had an ounce of damp in it. It was fit for purpose for all those years barr a new felt we put on and we painted it a few times over the years.

MamaMoo_2

I'd assume that as a reasonable amount of time had passed between buying the summer house and the issues arising, you will have been deemed to have accepted it. This means that you need to give them the opportunity to repair, replace it refund. You can specify a preference, but unfortunately the choice of which to do is ultimately that of the retailer. Also, if they do choose to refund you, that refund may include a reduction to take into account the length of time you've had the summer house.
If you give them the opportunity to repair, you could ask that they also install ventilation and guttering in order to make it fit for purpose. I would also check if it is watertight by spraying a hose over it and checking for leaks.
I must say, if it needs vents and guttering to make it suitable, they should have either supplied these, or made you aware of this prior to the sale, or in the instruction manual.

mae

MamaMoo wrote: »

I'd assume that as a reasonable amount of time had passed between buying the summer house and the issues arising, you will have been deemed to have accepted it. This means that you need to give them the opportunity to repair, replace it refund. You can specify a preference, but unfortunately the choice of which to do is ultimately that of the retailer. Also, if they do choose to refund you, that refund may include a reduction to take into account the length of time you've had the summer house.
If you give them the opportunity to repair, you could ask that they also install ventilation and guttering in order to make it fit for purpose. I would also check if it is watertight by spraying a hose over it and checking for leaks.
I must say, if it needs vents and guttering to make it suitable, they should have either supplied these, or made you aware of this prior to the sale, or in the instruction manual.

Hi yes we did accept it as were happy with it and obviously didn't see any reason for it not being fit for purpose until a month later when the roof leaked. At that point we agreed to the repair.

When it failed a second time we had had it about 5 1/2 months - this to me is a seriously short space of time for it to fail in such a drastic way.

As they have repaired it once we don't feel we should have to accept a second repair and would like a full refund.

Fingers crossed we can arrange this amicably.

MamaMoo_2

mae wrote: »

Hi yes we did accept it as were happy with it and obviously didn't see any reason for it not being fit for purpose until a month later when the roof leaked. At that point we agreed to the repair.

When it failed a second time we had had it about 5 1/2 months - this to me is a seriously short space of time for it to fail in such a drastic way.

As they have repaired it once we don't feel we should have to accept a second repair and would like a full refund.

Fingers crossed we can arrange this amicably.

Hopefully, they will agree to a full refund, just be aware that they are under no obligation to do so, and have a contingency plan ready if they insist on repairing or replacing (ie adding guttering and vents).
Unfortunately, you'd be expected to at least give them a reasonable chance to repair. There's no magic number on what is reasonable, but generally 3 repairs for the same issue in a short period of time would be when you start looking for an alternative.
Have you thought about asking for a suitable replacement with vents and guttering already fitted?

mae

MamaMoo wrote: »

Hopefully, they will agree to a full refund, just be aware that they are under no obligation to do so, and have a contingency plan ready if they insist on repairing or replacing (ie adding guttering and vents).
Unfortunately, you'd be expected to at least give them a reasonable chance to repair. There's no magic number on what is reasonable, but generally 3 repairs for the same issue in a short period of time would be when you start looking for an alternative.
Have you thought about asking for a suitable replacement with vents and guttering already fitted?[/QUOT

He has said he will not give us a new one.

To be honest I don't like the idea of guttering on it, I would not have purchased it in the first place if it had guttering on as I don't think it will look so attractive right outside my patio doors.

I am still at a loss how he can say that guttering and vents is what it needs but not supply with that in the first place?

Surely it is not healthy either for us to keep it with mould even if it is 'wiped off' as surely my daugther and friends will be breathing this in?

I have no faith at all in the company now and 2 leaking roof and many other areas of leaking is ridiculous in just 5 months.

Fire_Fox

Don't wipe visible signs of mould away that won't eliminate the spores. Use a mould and mildew remover such as Dettox, spray and leave for an hour or more, then wipe down if you wish, then allow to dry out fully. These are as safe for children as any bleach-based product you use to clean your home.

It has been an exceptionally wet year: it may be the initial water ingress has never dried out so the mould will keep returning. Really you would need to ventilate the summer house well (keep the door and any windows open, no furniture blocking air flow) on a series of dry days, if you locked it back up again or it rained a good deal the internal damp will never dry out. Anti mould paint is not solving the problem of the dampness which is the root of the fungal growth.

IMO a summer house would only be suitable for storing perishable/ indoor play items in the summer, definitely not year round. If you want year round get a plastic table and chairs.

Mistral001

I cannot understand what the query is. You have threatened this company with legal action in seven days. Thus you just have to wait seven days and then take them to the small claims court if you do not get a reply.

Let us know how you get on at the Small Claims Court if indeed you do not get a reply in seven days.

MamaMoo_2

Mistral001 wrote: »

I cannot understand what the query is. You have threatened this company with legal action in seven days. Thus you just have to wait seven days and then take them to the small claims court if you do not get a reply.

Let us know how you get on at the Small Claims Court if indeed you do not get a reply in seven days.

Well, if OP goes to the small claims court without first giving the company a chance to rectify the issue, the judge will take a very dim view towards the company not having reasonable chance at correction.
OP checking her rights on here first may well have helped avoid a potentially costly failed county court case.

Mistral001

MamaMoo wrote: »

Well, if OP goes to the small claims court without first giving the company a chance to rectify the issue, the judge will take a very dim view towards the company not having reasonable chance at correction.
OP checking her rights on here first may well have helped avoid a potentially costly failed county court case.

My point was that this thread seems to be for information only as the Op has decided to go down the legal route by sending them the letter of notification. The sunhouse supplier will either meet the OP's demands in full or they will wait until they see the OP in the small claims court. I cannot see them doing anything else.