Damaged Bath (enamel) in New Property

geek77

Hi Everyone,

I purchased and moved into my flat last October (2019).

In April this year (2020) a large chunk of enamel (approximately the same size as a 1p piece) came away under my foot, as I was getting out of the bath - no products were being used in the bath, just water and myself - I am just under 9 stone, so could not be considered to be an excessive load! I also take good care of my bath, wiping it out after pretty much every use (this is a very hard water area) and nothing has been dropped/stored/used in the bath which could cause this damage.

I politely contacted the property developer and they have said "not our fault, you've lived there for 6 months".

I have also asked them to provide me with the details of the bath manufacturer and warranty, as they fitted the bathroom, the brand is not visible and it was not included in my homeowner's manual which they issued when I moved in. They are now ignoring me.

From a brief internet search, I cannot find any enamel baths with a warranty of less than a year and I do not feel that I have misused the bath in any way which would void a warranty. But more importantly, do I pursue this with the manufacturer (when I finally obtain their details) or does responsibility now rest with the Property Developer, as they were the ones who both fitted the suite and sold it to me (as part of the whole flat)?

Any guidance which points to precedent or regulations would be much appreciated! Thank you.

AdrianC

Retail warranty is not necessarily the same as trade warranty, so even if you find the manufacturer, it may not be warranted. It should be included in the warranty for the property. I'm assuming it was a new-build - you suggest it was, but don't state as much. I presume it wasn't a showhome or similar?

Even then, a chunk of enamel coming away would be most likely to be due to misuse or damage - unless there was some evidence it was poorly adhered in manufacturing.

davidmcn

There are no implied warranties when you buy a house, so the only guarantees will be those you already know about - I doubt pursuing the manufacturer will be useful, even if you find out who it is. If it isn't covered by your warranty from the developer then you'll need to deal with the repair yourself.

pinkshoes

I had the same issue in a new build, but spotted it before exchange. They refused to replace it, but did repair it with an enamel repair kit.

You have lived there 6 months. It is unlikely to be covered under the builders warranty, and as you didn't buy it yourself, you cannot claim through the manufacturers warranty nor through consumer rights. 

I would buy yourself an enamel repair kit and do it yourself.

sheramber

 We had this happen in a new build and claimed under the  NHBRC 10 year guarantee. They reluctantly paid for a new bath. 

bucksbloke

I'm guessing this is a really small developer. With the major companies, you generally get 2+ years warranty. 

geek77

It is a new development (1960s office building converted into flats) and not a Developer I had heard of before, so probably smaller.
I genuinely have not misused/damaged the bath myself (& it’s only me here).
It was so strange how it happened though - one day no fault visible, the next it was like being stood on shale as I tried to get out of the bath - it just shifted under my foot, causing me to fall. I’ve never seen/experienced anything like it & I’m a dedicated bath gal!! 

Doozergirl

sheramber said:

 We had this happen in a new build and claimed under the  NHBRC 10 year guarantee. They reluctantly paid for a new bath. 

NHBC doesn't cover that, only structural faults, and it's hard enough to get them to pay out of genuine structural claims.  I suspect the developer covered it under their own 2 year defects warranty.  

sheramber

The builder wouldn't replace it . NHBRC said no at first but , as I said,  did eventually reluctantly agree  to replace it. The letter  came from NHBRC.