Bought house - window issues *SCOTLAND*

Rkd1989

Hi folks.

My mrs and I have just moved into a house picking up the keys 1 week ago. Within the first 24 hours we spotted three windows that were letting in water. I'll try and condense the following info as much as possible...

We knew of issues with three SEPERATE windows as detailed in the home report. These issues were negligible including a loose handle.

We then found water getting in via the runner on the sliding patio door. We also found a slight leak in lounge window and lastly, a significant leak ABOVE the bathroom window, indicating a roof and/or wall issue.

We informed our solicitor of these issues and had already booked a 30+ year experienced window fitter for a quote of repairs required. To stress again, NONE of these issues had been noted in home report.

Before the fitter arrived - my mrs noticed the kitchen window wasn't closing properly and upon opening, spotted damage as though it had been broken into at some point. This was confirmed by the next door neighbour. Again, not in home report but a loose handle was.

Window fitter arrived and IMMEDIATELY spotted the severe lack of ventilation in the kitchen (no vents in any windows in house). Upon inspection, he couldn't believe that the damaged kitchen window hadn't been included in the home report. It needs replaced.

At this point I'd like to say that the windows, doors and joinery section had a repair category of 2 in the home report, even though immediate work was required meaning it should have been given a 3 rating in his opinion.

Finally, the biggest issue of them all - the lounge window (to reiterate - absolutely nothing in home report on this window of any defect). It's a large, upper floor window with an upside down T frame, one long window across the bottom and two opening sections at the top. Immediately our fitter pushed the window and the flex was incredible - if I was pushed against it, the window is at risk of folding in on itself as there's only 12-13mm of frame secured. Again, no vents in window.

He produced a written report detailing above issues including the fact that the lounge window is not compliant and needing replaced, as well as the kitchen window. We sent this report to our solicitor with a big message stating we question the integrity of the surveyor. The solicitor has since replied that there's basically nothing they can do and it's within their company policy that they don't get involved in disputes. She advises we go to small claims.

I e-mailed the response to our window fitter this evening and he called me within 5 minutes absolutely livid, as we are. His advice is don't let it settle - there's absolutely a claim to be made against the lounge window citing safety reasons and building regulations.

I absolutely and utterly appreciate advice on what course of action to go through next. We've bought a house under the market valuation according to the home report - we trusted the report (why shouldn't we?) and its glaringly obvious details have been deliberately omitted from that. We knew about certain issues hence the offer we made and was accepted. The full cost of repair and replacement is £2000 and feel without any doubt that we can at least expect the cost of the lounge window to be replaced. I have a video of pressure being applied to it too - it's a disgrace how much it moves.

Genuinely thankful for anyone who has read as far as this.

davidmcn

Can you tell us what exactly the home report said about the windows?

Bear in mind that the home report doesn't expect the surveyor actually to test anything e.g. opening windows, so things like loose handles or insufficiently fixed frames aren't going to be picked up anyway.

Rkd1989

Internal and external doors were opened and closed wherekeys were available.Random windows were opened and closed where possible.Doors and windows were not forced open.There is a mixture of UPVC double glazed casement style and tiltand turn windows. The main entrance door to the property is ofUPVC double glazed design with an external timber cill. Slidingpatio doors formed in UPVC double glazed design lead out from theKitchen / dining room into the rear garden.The fascias are clad in PVC materials and soffits are of timbermaterials.


The tilt and turn mechanisms to the first floor windows are stiff on operation withthe landing window not closing effectively. The window within bedroom 2 issecured shut with screws. The window handle within the bathroom is loose.PVC material is loose to the left window on the front elevation.The main entrance door cill is weathered. (Repair category 2).

Owain_Moneysaver

Rkd1989 wrote: »

I e-mailed the response to our window fitter this evening and he called me within 5 minutes absolutely livid, as we are. His advice is don't let it settle - there's absolutely a claim to be made against the lounge window citing safety reasons and building regulations.

The difficulty is that such a claim might be made under consumer protection legislation if you had had the windows installed yourself.

As you have bought a house with windows already in, consumer protection does not apply.

I don't think you have a claim against the sellers, unless they misrepresented that they had not had any work done or that any work was compliant with Building Standards. You might have a claim against the surveyor, but you'd really need to take legal advice before going down that route.

Rkd1989

It's a rubbish scenario. We didn't buy a new house and appreciated there would certain issues to deal with but it the very minimum, we expected it to be water tight. The seller/estate agent/surveyor would absolutely have known a window had been damaged due to break in too. It's infuriating it wasn't described on the home report because obviously our offer would have been lower.

googler

The surveyor's brief is to report on what he sees on the day he visits. If it was a dry day, it's unreasonable to expect him to note any window letting in water.

I'm not sure who you plan to claim against in small claims - the seller? surveyor?

hb2

Rkd1989 wrote: »

The seller/estate agent/surveyor would absolutely have known a window had been damaged due to break in too.

The vendor would have known. I don't see how the agent or surveyor could have known about the break-in if the vendor chose not to tell them?

martindow

Rkd1989 wrote: »

The seller/estate agent/surveyor would absolutely have known a window had been damaged due to break in too. It's infuriating it wasn't described on the home report because obviously our offer would have been lower.

I can understand why you are annoyed but you didn't notice these faults either! The surveyor is not looking into every detail of the house and their main aim is to reassure the lender that it has enough value to cover the loan they are advancing.


I've just noticed you are in Scotland where there is more protection than in England and Wales for faults that become apparent after buying. I've no idea whether window faults would be covered but the time-scale for raising them via your solicitor is quite short.

Hasbeen

The Scottish home report is a very basic report paid for by the vendor. To give out to prospective buyers.

It is recommended that the buyer actually gets their own more in depth survey done, if they are actually interested in property

silvercar

In England & Wales, you need a fensa certificate when you replace or install windows, is it the same for Scotland. If that is missing then your solicitor should deal with it.

If you have a full survey then you may have a claim against the surveyor - though the first action is to complain to the surveyor.

Hasbeen

silvercar wrote: »

In England & Wales, you need a fensa certificate when you replace or install windows, is it the same for Scotland. If that is missing then your solicitor should deal with it.

If you have a full survey then you may have a claim against the surveyor - though the first action is to complain to the surveyor.

Don't think Scotland has law regarding certificates.

Also the SCOTTISH homebuyers report is a VERY basic report paid for and provided by the seller to any prospective buyers. It has a few pages of info on the house and then a lot of guff.


Regarding vents in windows, not needed if previous windows did not have them, up to house owner, and a lot of people up here ask for them not to be included
even then or fill them with expanding foam etc.

A lot of buyers if really interested pay to get their own more in depth report.


Personally think the op has not had a good deal of experience buying houses and think that the estimate of £2000 is high, but better than rising damp, roof problems etc So my advice is to move on, as no one else is going to pay for repairs.