Draughty Patio Doors

Shackeng

In December 2018 I had a pair of patio doors fitted. There are draughts from under the bottom of the fixed panel, and also from the vertical join with the sliding section.
I complained within a week to the supplier, who came after Christmas and refitted the doors. They are still draughty and are unacceptable. I have told the supplier, who says he will fit a different type at cost price, but still expects me to pay for the faulty doors. I have told him (outside the 30 days, but did report the faults almost immediately) that I reject the doors as unfit for purpose and that they are of unsatisfactory quality. I have not paid for them. He also says I cannot have them replaced by another installer as they are his property.
Where do I stand legally? Can I have them replaced by another installer?

Aylesbury_Duck

You're in a strong position if you haven't paid.

It not clear if it's the doors that are not fit for purpose or whether it's the manner of their fitting. Either way, withhold payment until it's resolved. Bear in mind though that if you are formally rejecting the doors, the supplier is entitled to have them back. Where would that leave you?

Shackeng

Clearly if he wishes to remove them i would hope to arrange to have new ones fitted at the same time. It seems the design is faulty, not his installation. The seals that leak are brush seals and dont seal well enough to stop draughts. He is a conscientious worker. However i am not prepared to pay for two sets of doors.
Any legal suggestions?

Aylesbury_Duck

Legal suggestions? I think that's a bit premature. You can't allow another installer to remove and replace the doors because the first guy is correct - they still belong to him. You haven't paid for them.

Simply write him a letter saying you're formally rejecting the doors and ask him to arrange a time to have them removed.

Shackeng

Am I correct that, as the installer has made one failed attempt to solve the draught problem, I am not obliged to allow more attempts? Also, if he says he will replace them, am I obliged to have the same type of doors fitted as replacements? I am unhappy with the design which appears to be inherently liable to be draughty due to the brush type seals it uses.

Aylesbury_Duck

Shackeng wrote: »

Am I correct that, as the installer has made one failed attempt to solve the draught problem, I am not obliged to allow more attempts? Also, if he says he will replace them, am I obliged to have the same type of doors fitted as replacements? I am unhappy with the design which appears to be inherently liable to be draughty due to the brush type seals it uses.

Not necessarily, no. Neither are you obliged to have the same type of doors fitted, but if the replacements are more expensive than the originals, it would be reasonable for you to be charged the difference.