personal finance

Windows at our new homes shattered – but the developer won't pay


Three years ago I bought a home in a Grade II-listed property renovated by developer Urban Splash. Each apartment is a two-storey maisonette with floor-to-ceiling windows. At the time of purchase there were a series of spontaneous window shatterings and an investigation found the cause to be a “material failure of the glass related to the Nickel Sulphide (NiS) Inclusion”.

To date, there have been 14 cases of shattering windows and Urban Splash has paid for replacements. Now I’ve received a letter from Urban Splash informing me that after 31 December it will no longer be accountable for glass failure, while simultaneously demanding “historic building insurance charges” due to an error made by the service charge team.

Inquiries have been made about a separate insurance indemnity, but it appears this is not an insurable risk. Currently it stands that liability of any future glazing failure will be with the leaseholders. The cost of new glass would be relatively affordable, but the installation requires a crane and specialist equipment that would be completely unaffordable.
AD, Sheffield

NiS occurs in the melting process of toughened glass when contaminants containing nickel react to sulphur from the furnace fuel. Urban Splash admits that windows at the Park Hill development in Sheffield have been shattering and that NiS is to blame, but says there is no way to remove or insure the risk.

“NiS is a rare, yet accepted, anomaly within glass manufacturing and therefore no warranty is available against breakages from this phenomenon,” it says. “Buildings benefiting from toughened glass windows do not usually require developers to provide a warranty or insurance against occurrences such as these, however, as a goodwill gesture, Urban Splash has covered the cost of these breakages with a warranty dating back 10 years – something which is due to come to an end in December 2019.”

This, it says, is unconnected to the demand for building insurance arrears. It had forgotten to bill residents, and has reduced the amount by 25% as a goodwill gesture.

Following the Grenfell fire tragedy, the first-tier tribunal has considered several cases regarding a landlord’s entitlement to recover from tenants the cost of replacing cladding. The FTT has ruled that if the lease allows the landlord to recover these costs, and due process is followed, the tenant will have to pay. Unfortunately, this is likely to apply in your case. According to Alison Sparks at Thomson Snell & Passmore, residents can use the Defective Premises Act 1972 (DPA) to claim repair costs for inherent defects. This requires developers and installers to complete homes to a proper standard, and holds them liable for any faults for up to six years. Otherwise, unfair as it seems, you and your neighbours are likely to have to foot bills for future shatterings through your service charge.

If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number. Submission and publication are subject to our terms and conditions



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