Leaky flat roof after getting keys (Scotland )

motherwell101

Hi I just bought a house on 7th dec 2020 in Scotland . On the day I got the keys it was torrential rain I went in the house and saw a leak coming from the flat roof where it joins The main house ( it was a kitchen extension flat roof ) albeit a Very small one It’s still a leak. Do I have any come back to claim for the cost to fix the leak? 

Mineral1

Not sure if it's different in Scotland but I wouldnt have thought you have any recourse now.

davidmcn

Not from the vendor. Potentially from the surveyor if you can demonstrate that they ought to have spotted the leak on the date they did the survey (though obviously that might be tricky to prove). If it's a very small leak, just get it sorted rather than worrying about who to sue.

wolfehouse

I believe In Scotland you have 5 days to claim for the costs of repairing problems that are part of the contract.  I was never too sure just what is covered (boilers Are for sure) but you may as well report it to your solicitor ASAP.  

(Minor claims are just made to ‘go away’ in my experience).

https://www.mmilegal.com/mmiexplains/property-conditions

davidmcn

wolfehouse said:

I believe In Scotland you have 5 days to claim for the costs of repairing problems that are part of the contract.  I was never too sure just what is covered

Just electrics/plumbing, not leaky roofs or faults in general.

AdrianC

What did your survey say about it?

motherwell101

The survey said it was a ‘2’ which was good condition with a side not of no obvious Damage but to bear in mind flat roofs need good upkeep and maintenance 

motherwell101

*side note

motherwell101

AdrianC said:

What did your survey say about it?

The survey said it was a ‘2’ which was good condition with a side not of no obvious Damage but to bear in mind flat roofs need good upkeep and maintenance 

theartfullodger

Last property I sold (October, Scottish Highlands) there were three minor problems: One was new owner didn't understand where to turn things on, other two were real.  I paid (few hundreds) to sort them as I like to transact business in an honest & decent manner.  My solicitor said I didn't need to. Suspect I can't claim against CGT (B2L).