New build out of warranty by a day

SonnyH

Hi,
Our windows leaked during the huge storms last weekend. We discovered it the next day (on 28th May). Our new build warranty expired on the 27th May. I emailed the developer but of course they have said it is not their responsibility. Given the leak clearly happened on the 27th when still in warranty, does anyone know if we have any legal recourse? Or just do we just hope that Checkmate will pay out instead?
Thanks.

Silvertabby

Not everything is covered by the (10 year?) new build warranty. Even if you had been within the warranty period, they still may not have paid out.

AdrianC

The first weather bad enough for the windows to leak was the day after the 10yr warranty expired?

whatdoyouthink...

I assume you're referring to the 2yr builder warranty rather than the 10yr NHBC warranty? Seems very unlucky the problem occurred the day the warranty expired, understandably the builder will just argue it wasn't reported until after the warranty expired and therefore not their problem.

shortcrust

I don't think warranties generally work like that. They're not like (for e.g.) holiday insurance where you're covered for things that have happened during the policy period and can make claims after the policy has ended. They're more like a service that's available to you for duration of the warranty

Could be completely wrong. I'm sure someone will say if so!:)

sal_III

SonnyH wrote: »

Given the leak clearly happened on the 27th when still in warranty,

I don't think it's that clear, it might be clear to you, but you will need evidence.

Not sure if the insurance is worded so you can claim for what is essentially a past event.

AnotherJoe

It should be covered under NHBC still. I had them fix a house where water was penetrating in conditions of heavy rain, the house was about 8 years old. I had to raise a real stink before they did anything but they did fix it.