Double Glazing guarantee on new builds.

Mets

Hi,

I hope someone can help, I’ve done a google search without any firm answers.

I purchased a new build residential property in April 2017 it’s in a large block of flats. It is a buy to let property. In February this year (2020) the tenants have reported that one of the windows does not shut properly. This is a large tilt and turn window that it about 2m in height and length.

I have been in touch with the manufacturers of the windows (Salisbury glass) and they have quoted close to £1800 to repair, diagnosing a broken gear. They have mentioned on their website that their windows come with a 10 year guarantee however when I have put this to them they have come back with the following:

Our website only provides the information for the domestic department properties, it is not in line with our commercial department large projects.

 All the guarantees are in line with the O&M Manual for the project, and for these parts have a guarantee of 2 years. So unfortunately this is out of the guarantee period.

 However please note this should also be kept well maintained under the maintenance instructions provided within the O&M Manual.

My question is that as a new build residential property surely this should covered by a ten year guarantee? Although it may be a commercial project for the company as a consumer and individual customer I should get the same protection as any other consumer?

Additionally I feel it falls foul of the consumer rights act in that a product should be of satisfactory quality, I would definitely expect new windows to last more than just over 2.5 years. I was wondering if anyone has had similar issues with the guarantee of double glazing of new builds or advice regarding the consumer rights act. I can’t seem to find much on the guarantee of windows on new builds.

Thanks.

hollydays

As you are a landlord , surely you are a business?

Aylesbury_Duck

I'm no expert but from reading your post your property purchase was a business transaction not a consumer one. 
Additionally, I suspect the block was considered a commercial development and those were the terms the glazing company supplied the windows under. 

Finally, have you conformed to the maintenance schedule they mention, which probably includes cleaning and lubrication at intervals?  If I'm wrong on the first two points, the company may simply refer to the third. 

davidmcn

Mets said:

I feel it falls foul of the consumer rights act in that a product should be of satisfactory quality, I would definitely expect new windows to last more than just over 2.5 years. I was wondering if anyone has had similar issues with the guarantee of double glazing of new builds or advice regarding the consumer rights act.

Leaving aside whether or not you're a consumer, the consumer rights act implied warranty about satisfactory quality isn't relevant, as that applies only to goods, and "goods" means moveable items, not flats.

There are no implied warranties when you buy property, only what is stated in your contract, which for a newbuild property is likely to mean a two year warranty by the builder and an NHBC or similar warranty for the remainder of the first ten years, which (I think) isn't going to cover things like this.

Though I would get other quotes anyway, £1800 sounds more like what replacing the whole window might cost.