CHP Failures Within Warranty Period – Costs Must Not Be Passed to Leaseholders
RTA5759HDD
The central issue remains unchanged - the original CHP failures began within the two-year warranty period for our homes. A system supplied with a new-build development must offer a reasonable lifespan of service. This one began breaking down almost immediately. Leaseholders therefore cannot be held liable for the consequences, including the April 2024 replacement, the temporary boilers, or the fuel required to run them.
You have confirmed that Taylor Wimpey funded both the temporary boilers and the 2024 CHP replacement as a “duty of care” to leaseholders. If that duty exists, it cannot end with the cost of equipment. It must extend to the operational costs that arose solely because the original system was defective during the warranty period and never fit for purpose.
There are also clear concerns about the design itself. Our blocks were built with space for a dedicated CHP system, yet were instead connected to an older plant that pre-dated our buildings and has consistently struggled to cope. Information that was withheld during purchase. From the start, leaseholders have experienced poor performance: we cannot fill a hot bath, and hot water routinely takes 90 seconds or more to reach taps, wasting water and demonstrating the system’s long-standing inadequacy. These concerns continue despite the new CHP.
We are also being charged for CHP outages caused by defects or triggers in Garrison Heights (55 Henry Darlot Drive, Millbrook Park Phase 4A) , including the fire alarm system linked to the underground car park, a facility we do not use. These alarms repeatedly force the CHP to shut down due to the building’s configuration and equipment installed at construction. Passing these costs to us is entirely unreasonable.
As landlord, Taylor Wimpey is also a party to our lease agreement. Under Schedule 4, Taylor Wimpey covenanted to allow leaseholders quiet enjoyment of their properties. There has been little enjoyment where we were deprived of heat and hot water for extended periods after moving in (74 days to date with two stretches of five and eight continuous days in winter months), and where we remain unable to run a hot bath whenever needed. This obligation has not been met.
On the cost allocation itself, FirstPort has only recently admitted that the original 50/50 CHP cost split was incorrect. It took an unreasonable amount of time for them to acknowledge this error, and even now they propose issuing credits instead of refunds. Leaseholders should not be out of pocket because of FirstPort’s delays or mistakes. Any correction to the 63/37 split must be applied to all leaseholder accounts from the date FirstPort assumed management, not just going forward, and these refunds should be paid immediately to leaseholders. To date, leaseholders have been charged a total of £60,723 for repair and fuel costs that should fall under Taylor Wimpey’s two-year builder warranty and should never have been reallocated to us.
As the landlord and developer, Taylor Wimpey must instruct FirstPort to stop passing these CHP-related costs to leaseholders altogether, and to address any defects within Garrison Heights, including the car park fire alarm system and associated infrastructure, that continue to trigger CHP shutdowns. These failures stem from construction and design decisions, not from anything within our control.
Separately, leaseholders have still not been given access to the independent assessment undertaken before the 2024 replacement. We have requested this repeatedly. If there is nothing to hide, there is no reason this cannot be shared.
As a FTSE100 company, Taylor Wimpey is expected to uphold high standards of transparency, accountability and consumer protection. Passing the financial burden of a defective, poorly designed system onto leaseholders whose warranty should have protected them does not meet those standards.
We therefore again request:
- Evidence of warranty cover or clear developer responsibility for the April 2024 CHP replacement, including all associated fuel costs.
- An explanation for why our blocks were not provided with the dedicated CHP system they were designed for, and why this was not disclosed at purchase.
- A copy of the independent review carried out prior to the 2024 replacement, or a clear explanation for why it is being withheld.
- A clear statement of Taylor Wimpey’s ongoing responsibility for the CHP system, given the failures began within the warranty period and required a developer-funded replacement.
- Confirmation that Taylor Wimpey will instruct FirstPort to stop allocating all CHP-related costs to 57 and 59 HDD and to rectify the Garrison Heights defects, specifically the car park fire alarm triggers and water ingress issues, etc, that continue to shut down the CHP system.
We look forward to your prompt and comprehensive positive response.
Yours sincerely
Recognised Tenants’ Association
57 & 59 Henry Darlot Drive
Millbrook Park
NW7 1NP
RTA5759HDD
Dear Jennie, Ingrid and Ishaq,
As you will be aware, voluntary protections such as the New Homes Quality Code were introduced precisely because buyers of earlier developments were left exposed to the consequences of defective design and inadequate disclosure. While our homes pre-date Taylor Wimpey’s registration under that regime, the underlying obligations it reflects - fitness for purpose, competent design, accurate representation and proper remediation of defects, were not created by the Code and did not begin in 2022.
The failure of the original CHP system and its replacement occurred during the warranty period, with the permanent replacement installed in April 2024. Taylor Wimpey’s confirmation that the replacement was funded under a stated “duty of care” recognises responsibility for a system whose failure arose from original design and specification decisions.
In addition, buyers were not informed at point of sale that the CHP plant serving our blocks was an existing, ageing system originally designed to serve 51 flats, which was subsequently extended to serve a further 30 homes. This is despite the fact that the approved design for 57 & 59 Henry Darlot Drive included a dedicated CHP plant space for our buildings, which remains unused. Instead, the communal heating system was marketed primarily on the basis of low running costs, presented as a key selling point, without disclosure of the age, capacity constraints or shared nature of the plant.
Despite Taylor Wimpey meeting the capital cost of the temporary and permanent CHP arrangements following failure, leaseholders are now being retrospectively charged for the running costs of the temporary system that operated prior to the April 2024 replacement, including fuel and associated operational expenses. These costs arise solely because of a warrantied failure of the original system. There is no coherent basis on which the capital consequences of that failure sit with the developer, while the operational consequences are retrospectively transferred to leaseholders.
The consequences of this unresolved position are no longer theoretical. We now have two confirmed failed flat sales directly attributable to the CHP issue, the most recent occurring this week following receipt of invoices passing these retrospective costs to leaseholders. This is causing demonstrable financial loss and material harm.
We are therefore still awaiting clear and substantive responses on the following points:
Confirmation of warranty cover for the April 2024 CHP replacement and the interim arrangements that preceded it.
A clear explanation for the decision to connect our blocks to an existing, older CHP plant rather than install the dedicated system for which space was designed, and why this was not disclosed at point of sale.
Disclosure of the independent review commissioned prior to the replacement, or a clear explanation for its continued withholding.
Clarity on Taylor Wimpey’s continuing responsibilities for a system whose failure and replacement occurred within the warranty period and for which you have already accepted responsibility on a “duty of care” basis.
If Taylor Wimpey’s position is that it does not intend to engage on these matters, please confirm that explicitly. Otherwise, we would expect a substantive response within 14 days.
In the absence of engagement, we will rely on this correspondence as evidence of non-response in any tribunal proceedings and regulatory and ministerial escalation.
Recognised Tenants’ Association
57 & 59 Henry Darlot Drive
Millbrook Park
NW7 1NP
Dear Jennie, Ingrid and Ishaq,
We are following up on our email below, sent on 9 December 2025, which set out serious unresolved issues concerning the design, failure and replacement of the CHP system at 57 & 59 Henry Darlot Drive. We have received no acknowledgement or response.As you will be aware, voluntary protections such as the New Homes Quality Code were introduced precisely because buyers of earlier developments were left exposed to the consequences of defective design and inadequate disclosure. While our homes pre-date Taylor Wimpey’s registration under that regime, the underlying obligations it reflects - fitness for purpose, competent design, accurate representation and proper remediation of defects, were not created by the Code and did not begin in 2022.
The failure of the original CHP system and its replacement occurred during the warranty period, with the permanent replacement installed in April 2024. Taylor Wimpey’s confirmation that the replacement was funded under a stated “duty of care” recognises responsibility for a system whose failure arose from original design and specification decisions.
In addition, buyers were not informed at point of sale that the CHP plant serving our blocks was an existing, ageing system originally designed to serve 51 flats, which was subsequently extended to serve a further 30 homes. This is despite the fact that the approved design for 57 & 59 Henry Darlot Drive included a dedicated CHP plant space for our buildings, which remains unused. Instead, the communal heating system was marketed primarily on the basis of low running costs, presented as a key selling point, without disclosure of the age, capacity constraints or shared nature of the plant.
Despite Taylor Wimpey meeting the capital cost of the temporary and permanent CHP arrangements following failure, leaseholders are now being retrospectively charged for the running costs of the temporary system that operated prior to the April 2024 replacement, including fuel and associated operational expenses. These costs arise solely because of a warrantied failure of the original system. There is no coherent basis on which the capital consequences of that failure sit with the developer, while the operational consequences are retrospectively transferred to leaseholders.
The consequences of this unresolved position are no longer theoretical. We now have two confirmed failed flat sales directly attributable to the CHP issue, the most recent occurring this week following receipt of invoices passing these retrospective costs to leaseholders. This is causing demonstrable financial loss and material harm.
We are therefore still awaiting clear and substantive responses on the following points:
Confirmation of warranty cover for the April 2024 CHP replacement and the interim arrangements that preceded it.
A clear explanation for the decision to connect our blocks to an existing, older CHP plant rather than install the dedicated system for which space was designed, and why this was not disclosed at point of sale.
Disclosure of the independent review commissioned prior to the replacement, or a clear explanation for its continued withholding.
Clarity on Taylor Wimpey’s continuing responsibilities for a system whose failure and replacement occurred within the warranty period and for which you have already accepted responsibility on a “duty of care” basis.
If Taylor Wimpey’s position is that it does not intend to engage on these matters, please confirm that explicitly. Otherwise, we would expect a substantive response within 14 days.
In the absence of engagement, we will rely on this correspondence as evidence of non-response in any tribunal proceedings and regulatory and ministerial escalation.
Yours sincerely
Recognised Tenants’ Association
57 & 59 Henry Darlot Drive
Millbrook Park
NW7 1NP