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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi,Quick question.I purchased a new build apartment off

Customer Question

Hi,
Quick question.
I purchased a new build apartment off plan in April 2011. After moving in I had the normal snag issues but in oct 2011 I had a bad leak in one of my bathrooms resulting in the entire ceiling being ripped out and replaced. The leak also mad it's way to my lounge but this was just heat sealed and re painted. I had the mould marks return last year and again they came back to heat seal and paint.
I returned from my holiday 31st dec 2013 to find the issue has returned. The leak in the same places and my ceiling needing to be replaced yet again. This issue has effected a number of us. Would I be entitled to compensation? I've taken holiday off in the past, had a exposed ceiling for 12-13 weeks last time and this will happen again. This was not a 'snag' I expected to still be happening 3 years on. Obviously if I sell I will have to expose the issue. I would be wanting to sell as I brought. They will fix it, it originally happened within my 2 year warranty but I feel this is not the point.

The developers are Fair View homes.

Any advice would be very appreciated. Regards
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Is it from the same area as before please?
JACUSTOMER-hor0lc06- : Yes it's exactly the same places as before. I had two employees from fairview come over to look at it on Monday and they remembered doing it last time. One of the guys informed me he had advised fairview to put some capping along the edges of the flats when it happened last time. He showed me a apartment block that had it done and I could clearly see the external walls were dry. That block is housing association our are private but within same development. He showed me my block and the external walls are saturated. Initially fairview sent roofers out as we have a roof terrace above but it is the walls not the roofs. I have dripping I can hear in between the cavity walls when it rains hard.
Alex Watts : You would be entitled to compensation because one would have expected them to deal with the issues correctly the first time.
Alex Watts : If they did not then they could well be either negligent or in breach of contract.
Alex Watts : But given this is the second attempt at the same repair I do consider you would be entitled to compensation.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-hor0lc06- : What steps would I need to go through to get the ball rolling? I know nothing about property or the legal side that surrounds it.
Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-hor0lc06- : Can you clarify what you mean by losses? I lost a few days from having to take it off work last time but I was going along the lines of compensation for buying a property that's become defective and still hasn't been resolved.
Alex Watts :

Get a number of quotes for putting the work right - then you know that is part of your loss.

Alex Watts :

You can also claim a nominal amount for distress

Alex Watts :

Does this help?

JACUSTOMER-hor0lc06- : It's covered by the development as it happened whilst under warranty at the time. What would you suggest is a fair amount to claim for stress and time over the three years?
Alex Watts :

Its hard to say - really depends on the value of everything else. You should just leave that for the Court to decide if it gets that far.

Alex Watts :

Is that ok?

JACUSTOMER-hor0lc06- : I got answers but nothing I couldn't of just googled. Not worth the money for average responses. Sorry but I'm not willing to pay £30 odd for this service.
Alex Watts :

I am sorry you feel the service was POOR. But if you had gone to a Solicitor they would have told you the same thing.

Alex Watts :

It is my goal today to make sure that you are absolutely delighted and it may be the answer you knew but it is the correct legal answer.

Alex Watts :

How am I able to assist you today to become completely satisified?

Alex Watts :

In terms of the specific question about losses the Court limits you as a litigant in person to £18 per hour.

Alex Watts :

Does that clarify?

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