Faulty kitchens and knowing your consumer rights is crucial.

One of my followers contacted me for advice on a faulty kitchen with a well-known retailer, which shone a spotlight on a common problem affecting consumers everywhere. Your consumer rights are enshrined in law and retailers will never make it easy for you to reject a big-ticket item.

faulty-kitchens-and-your-consumer-rights

WHAT ARE MY RIGHTS ON FAULTY KITCHENS?

You are entitled to a refund, repair or replacement on faulty kitchens.

You only need to give a retailer one opportunity to remedy the same fault.

The retailer is responsible for the collection of faulty goods.

CONSUMER RIGHTS ACT 2015

When you buy goods such as a fitted kitchen, the Consumer Rights Act 2015 states that it must be fit for purpose, as described and satisfactory quality.

The Consumer Rights Act 2015 gives you an implied statutory warranty in law for up to 6 years in England and Wales and 5 years in Scotland.

HOW DO I COMPLAIN ABOUT A FAULTY KITCHEN?

Gather your evidence. Take photos of the defective parts and shoddy workmanship.

Always put your complaints in writing so you have a paper trail as evidence. If you make any phone calls, always get the name of the person you spoke to (preferably at the start of the conversation), and follow up afterwards by email to confirm what was discussed and agreed.

Put a deadline on everything, especially within the first 30 days as retailers will often try and drag it out so you are past the short-term right to reject under the Consumer Rights Act 2015.

Retailers will never make it easy for you to reject a big-ticket item. Staff will be primed and trained to deflect common complaints with stock responses. A Manager will never return your call. That is the most common fob off of all!

Contact Trading Standards if necessary. A cursory glance at reviews online will reveal common themes and complaints with many traders that can be used to support your dispute.

CAN I GET A REFUND ON FAULTY KITCHENS?

You are entitled to a refund if the kitchen is beyond repair. The retailer may make a deduction for wear and tear once 6 months has elapsed.

You may also be entitled to any consequential losses (out of pocket costs) you have incurred as a result of the retailer’s negligence.

ALWAYS PAY AT LEAST A DEPOSIT BY CREDIT CARD

Any goods costing more than £100 are jointly covered by S75 Consumer Credit Act 1974, even if you only pay 1p deposit.

This means that the credit card provider is jointly liable in the event of a dispute on faulty goods or shoddy workmanship.

It is a free insurance policy so use it.

You will need to press hard on this and cite ‘breach of contract’ under the Consumer Rights Act 2015, as claims are often rejected on the first attempt.

HOW MUCH DEPOSIT SHOULD I PAY FOR A NEW KITCHEN?

Kitchens are costly. You can probably expect to pay at least 40 – 50% deposit with a final payment on delivery.

IN WHAT CIRCUMSTANCES CAN YOU INSIST ON A REFUND ON FAULTY KITCHENS?

You can insist on a refund if the kitchen is broken or faulty.

HOW LONG ARE KITCHENS GUARANTEED?

A warranty on a kitchen will vary between suppliers. It can be anywhere between 5 to 25 years. The more expensive and bespoke the kitchen and units are, the likely they will have a longer warranty.

Nevertheless, the Consumer Rights Act 2015 gives you an implied statutory warranty for free for up to 6 years in England and Wales and 5 years in Scotland. This trumps any warranty given by retailers.

IS A FITTED KITCHEN COVERED BY BUILDINGS INSURANCE?

Buildings insurance covers the cost to repair damage to or rebuild your home structure. This includes windows, walls, roof, outbuildings, fitted kitchens and bathrooms. It also provides cover for damage caused by events like fires, storms and floods.

You do not have to rely on your buildings insurance for a remedy if the kitchen is faulty in any way, so do not be fobbed off.

The Consumer Rights Act 2015 applies as goods are to be fit for purpose, as described and satisfactory quality. You are always entitled to a remedy.

IS A KITCHEN CLASSED AS BUILDINGS OR CONTENTS?

Insurance policies usually class a kitchen as buildings, while carpets are covered under contents insurance.

CAN TRADING STANDARDS GET ME A REFUND ON FAULTY KITCHENS?

Trading Standards can take a business to Court or stop them operating, but they cannot help you get a refund.

KITCHEN FITTING DISPUTES – FAULTS WITH FITTING KITCHEN UNITS AND POOR WORKMANSHIP

Raise issues straightaway if you are not happy with a kitchen installation or unhappy with a new kitchen.

Give the trader a chance to put things right. Mistakes happen.

Be fair and reasonable and compromise if necessary. Traders have rights and expectations as well as consumers.

Keep an accurate record and bullet-point a timeline of events and communications with names, times and dates. Put everything in writing wherever possible.

SMALL CLAIMS COURT

You can take your claim to the Small Claims Court, although this has to be seen as the last resort.

You will be expected to prove that you have tried to resolve your dispute with the retailer first.

There is a sliding scale of fees which are refundable if you win your case.

Put everything in writing, stick to the facts and bullet-point the timeframe so it is easy to follow.

Try to resolve the dispute by telling the retailer why you intend to claim against them, suggesting a timetable with actions you want them to take.

Ask if they have a complaints process. You need to give a retailer every opportunity to settle it before you take legal action. 

If you have exhausted all those options, you can complete a Small Claims form online via www.gov.uk/make-money-claim – but do not submit it yet. 

LETTER BEFORE ACTION

Send a ‘letter before action’ to the retailer with a copy of the Small Claim form, telling them you are giving them 14 days’ notice before proceeding.

A ‘letter before action’ simply puts the retailer on notice and gives them one final opportunity to settle your case.

You can send it by email. There is no legal requirement to use recorded delivery.

Have you had problems with faulty kitchens? If so, how did you resolve it and what was the outcome?