Problems with developer over hot water cylinder

mary

I bought a new build flat 30 Dec 2005. Tenants moved in Feb 05 and immediately had problems with no hot water from a particular cylinder. Reported the matter to the developer who took 5 plumbers, 1 electrician, several emails, phone calls etc. to sort out. Eventually it was resolved after tenants being without hot water for 18 days. The developer paid a nominal amount of compensation for inconvenience. All has been going smoothly until last weekend.

Now I'm just outside the 2 years Developer's warranty and they don't want to know. I should say the Developer fell out with the Manufacturer and the Plumbers also washed their hands of the Manufacturers as well.
Whilst new tenant is likewise without hot water, I have asked NHBC what to do. I don't want to have to pay, potentially for a new cylinder if that's the worse case scenario. This particular one isn't cheap. I have forwarded documentation to NHBC and they will be contacting the developer. The lady at NHBC said something about a developer has a legal obligation for up to 6 years, provided the original complaint had been logged, which it had. Can anyone shed any light on this while I am waiting for the Developer to change his mind and cooperate. Ha, ha.

What is this Responsibility under Statute Law?

SouthCoast

Extracted and paraphrased from a letter received from NHBC last month:

First 2 years covers all problems.

Remaining 8 years only covers structural defects.

Take out the Home Emergency Assistance Cover for £106.80 p.a.

mary

Thanks, yes I'm now aware of the Extra Cover. The tenant hadn't forwarded the paperwork regarding the NHBC cover for years 3-10, in which it tells you about this new cover you can take out. As I don't have it now, it won't help my current situation. Obviously will do so from now on! But it is dependent on having the said cylinder serviced every year, otherwise it's in the exclusions part.

What I was curious to know was, can anyone shed any light on the 6 years legal obligation under Statute Law, mentioned by NHBC today? I've tried to look on the net for it, but no luck so far.

SouthCoast

P.S. Who was the developer?

mary

David Wilson Homes

SouthCoast

Thanks. My personal crusade is against Bellway for very poor quality building standards.

dmg24

I'm currently in dispute with DWH also! My property has a Zurich guarantee, which seems to count for nothing ...

I imagine that the NHBC lady was referring to your rights under the Sale of Goods Act. However, the issue that you may have is that this covers your rights as a consumer, and if you purchased with the intention of letting the property, it could be argued that you were acting in the course of business.

My dispute is over several things. Started off with the boiler (upgraded within a month), a sinking driveway (relaid after a year), a bin store with a grass/ mud floor (to be sorted on Saturday, exactly two years after moving in!), and a draining board that will not drain (to be replaced this month).

Look up the Sale of Goods Act on Google, hopefully that will help x