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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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i completed on a flat in Dec 2013, tenants moved in Feb 2014

Resolved Question:

i completed on a flat in Dec 2013, tenants moved in Feb 2014 it turns out the plumbing was all wrong resulting in the shower not working because it was plumbed in wrong, water going onto the floor as shower screen fitted wrongly, waste pipe cracked causing water to constantly flood onto the floor - concrete which needs bleaching and new flooring to be fitted. This water damage has also gone into the kitchen area (next to it) causing water under kitchen units and damaging some laminate flooring- What are my rights as far compensation and making good are concerned?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Was this a new build property please?

Customer:

yes a new build

Joshua :

Thank you. new build properties are required to be sold with a insurance policy. This would typically be NHBC, Zurich or Build Zone though there are others. Do you know of such a policy please?

Customer:

yes it did come with a NHBC guarantee

Joshua :

Thanks

Joshua :

during the first two years following the date of completion, the builders work is covered by NHBC insurance which requires the builders to ensure that their work complies with both building regulations and NHBC standards.

Joshua :

if the builder has failed to carry out plumbing in accordance with either building regulation requirements and NHBC standards - i.e. has incorretly installed plumbing in the proeprty - then the builder is required to rectify such works with a reasonable period. if the builder fails to do so, you can submit a claim to NHBC.

Customer:

thank you, XXXXX XXXXX under the impression the NHBC only covered the external building and not internal

Joshua :

the builder is also liable to repair any damage caused as a result of their failure to adhere to the above standards within the initial two-year period. after the first two years, the level of cover dropped significantly to only cover significant structural issues however during the initial two-year period, the cover is relatively comprehensive provided has not been caused by damage by you

Joshua :

NHBC cover for the initial 2 year period following the completion date covers the works carried out by the builder constructing your property which will include plumbing. your understanding of NHBC cover after that initial 2 year period however is pretty spot on in that it is very limited after the initial 2 years limiting itself principally to structural issues and contamination.

Customer:

thank you apart from rectifying the faults can they be liable to any monetary compensation for all the trouble and inconvenience caused to the tenants

Joshua :

it is very important to ensure that your complaints are registered within the initial two-year period though of course from the dates you quote, there is no difficulty here. nevertheless, notifying the developer as soon as possible and gathering evidence in terms of the damage caused is still worthwhile because evidence is simpler to provide the sooner it is gathered. Photos and so on can be useful as well as statements of any contractor you have employed to inspect.

Joshua :

Trouble and inconvenience is difficult to claim for however if the tenants had to move out then there is a basis to make a claim for alternative accomodation that was required.

Joshua :

if the builder is unhelpful, you can if necessary register a complaint and claim with NHBC using the following link:

Joshua :

http://www.nhbc.co.uk/Warrantiesandcover/Homeowners/Problemswithyourhome/Claimsenquiryform/

Customer:

thank you so much for your help

Joshua :

A pleasure. if I can assist any further as the matter develops, please do not hesitate to contact me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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