Lintel not fitted follwoing installation of double glazing.

[Mzf961]

Morning all

In 2016, I had UPVC windows fitted by a FENSA approved installer. We are in the process of selling the house, and the survey has identified that

"When the property was originally constructed the brickwork above the opening would have been supported directly by the wooden window frames. Support to the internal leaf of masonry will have been provided by a timber lintel. During replacement of the original wooden windows with modern UPVC frames the brickwork has been left un-supported and has subsequently moved, resulting in these fractures appearing. Window frames are not structural elements and under the building regulations ‘Part A’ - Structure, should not carry imposed loads, the masonry above should be supported with the use of a lintel. Unfortunately however, the window installers have failed to acknowledge this and implement the required support when replacing the windows. The cracks and fractures within the brickwork have now reduced bond and the integrity of the brickwork wall meaning that now the wall is no longer one homogenous panel and instead has been reduced to weaker separate panels of masonry. In addition, the cracks and fractures also provide potential paths for water ingress to occur which increases the risk of damp internally and also places the timber lintel at risk of decay."

In short - a lintel needs to be fitted and the brickwork needs to be made good, which is going to cost a considerable amount.

I spoke to the DG company, and they said that a intel was not fitted at the time as the surveyor did not think it was necessary. This evidently does not appear to be the case.

We have the FENSA guarantee which comes with some king of insurance backed guarantee.

I just need the issue fixing as it is holding the sale up.

Where do we stand legally in getting the DG company to fix this issue?

Thanks in anticipation.

[dslippy]

The report you have would seem persuasive and conclusive.

Your buyer would be unwise to proceed to buy into your problem. You may well lose the sale. Whatever follows, the chances are that nobody will buy into this unresolved.

Chase the FENSA guarantee to see just what safety net you might have.

The conversation you had with DG refers to their 'surveyor' - think of a chap with a tape measure and likely not a great deal more.

[Mzf961]

The question is do they have any liability if they’ve not assessed/ surveyed the work properly and recognised the need for a lintel?
As the consumer, I’m obviously relying on them and their expertise to tell me what I need and charge me accordingly.

[atticus]

You need to see a solicitor urgently. It is late 2022, so the window having been installed in 2016 could have been installed over 6 years ago already. That means Limitation Act problems, although the 'latent damage' provisions may help you.

[Mzf961]

It was the 6th year anniversary on the 6th of this month! I’ve looked at the limitations act and it says “Where the claim involves physical damage, the limitation period runs from the date of the damage, not the act which causes damage” - is that what you’re alluding to with ‘latent damage’?

[atticus]

See section 14A Limitation Act 1980. But don't hang around.