New build defects

Worpy1

Hello
So I moved into a ground floor flat in November 2022 it is in a block of 4 flats that had been newly converted from a previous office.
When I purchased it was leasehold and I noticed an issue with one of the windows which seemed to be leaking at the bottom corners not much but I contacted the developer and he gave me the details of the company so I contacted them and didn't get a response for ages then chased again and they said they would escalate the issue and get back to me that was Jan 2023.
I had a few things going on over the year so didn't chase it up. Anyway myself and the other three leaseholders took over the share of freehold in 2024 and two of the other flats are also having the same issue with one of their windows.
So another tenant called the window company towards the end of 2024 and they said they would come out and look at the issue, which they did and said it was condensation which I challenged as we don't have the issue with any of the other windows and even in summer showers the issue is there when there is no condensation and in winter I run a dehumidifier overnight and always have the windows open a crack. He advised he would make some slight alterations which he did, and now the double glazing has blown in mine and my neighbours window which he made the alterations to.

So from various conversations I have now found out that the developer has not paid the window company for the initial job and they are now taking legal action against the developer to recover their money. They have said (not directly to me) that as the work hasn't been paid for they will not honour any guarantee. The window company are well respected and I haven't been able to find any adverse reviews on them. The developer however has been a pain in the backside, we have all had to chip in to cover the cost of his shortcuts so when we took over the freehold we were glad to get rid of him. 

I am now looking to sell the property and wanted to get the window issue fixed but but don't feel it's fair that I should have to pay for it. The window company won't discuss it directly with me as I guess the issue is between them and the developer and it could prejudice the ongoing legal case. 

Has anyone else been in a similar situation ?Not sure how to resolve it ?

user1977

Worpy1 said:

They have said (not directly to me) that as the work hasn't been paid for they will not honour any guarantee. 

Do you have a guarantee? Does it contain such a condition?

Bigphil1474

Have you had anyone quote for the repairs? A blown DG unit is not usually very expensive. Refusing to pay for it might be a bad idea, if it means you get outta there for a small outlay. 

I would have thought the contract is between the developer and the window company so any guarantee would be worthless if they weren't paid for the windows in the first place. I wouldn't expect to get far with that argument.

gwynlas

Surely if you want to sell any minor repairs should be attended to otherwise they might be highlighted on a survey.

I cannot imagine that any repair would run into thousands but if window company never paid then agree no guarantee would be expected, but do you have Fensa certificate or similar?